Queensland Numbered Acts

ADOPTION ACT 2009 NO. 29

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
           Division 1--Introduction
   1.      Short title
   2.      Commencement
   3.      Dictionary
           Division 2--Application, object and guiding principles
   4.      Act binds all persons
   5.      Main object of Act
   6.      Guiding principles
   7.      Additional principles concerning Aboriginal and Torres Strait Islander persons
   8.      Act applies despite Anti-Discrimination Act 1991
   9.      References to child's wellbeing or best interests
           Division 3--Adoptions under this Act
   10.     Who may be adopted
   11.     Rules of private international law not relevant
           Division 4--Custody and guardianship
   12.     What is the effect of custody
   13.     What is the effect of guardianship
           Part 2--Consent to adoption and related matters
           Division 1--Preliminary
   14.     Non-application to intercountry adoptions
   15.     References to parent in pt 2
   16.     Requirement for consent
   17.     References to consent
           Division 2--Requirements about consent
   18.     Form of consent
   19.     Time of consent
   20.     Revocation of consent
           Division 3--Giving forms, information and counselling to parents
   21.     Obligation to enable understanding
   22.     Parents to be given consent documents
   23.     Parents to be given prescribed information
   24.     Parents to be given pre-consent counselling
   25.     Pre-consent information and counselling for Aboriginal or Torres Strait Islander child
   26.     Parents' access to legal advice
           Division 4--Ensuring parents have capacity to consent
   27.     Meaning of qualified person for div 4
   28.     Assessing whether a non-adult parent has capacity to consent
   29.     Declaration of tribunal whether an adult parent has capacity to consent
   30.     Appointment of guardian for adult parent without capacity to consent
           Division 5--Identifying child's father and related matters
   31.     Application of div 5
   32.     Establishing father's identity and location
   33.     Giving notice to father or person suspected to be father
   34.     Chief executive may apply for declaration of paternity
           Division 6--Dispensing with requirement for parent's consent
   35.     Application for dispensation
   36.     Notice of application
   37.     Respondent
   38.     Hearing of application in absence of relevant parent
   39.     Court may dispense with need for consent
   40.     Notice of court order
   41.     Discharge of dispensation order if relevant parent not served with application
           Division 7--Complying interstate consents
   42.     Consent given under a law of another State
           Division 8--Giving information, counselling and support to child
   43.     Application of div 8
   44.     Child must be given information
   45.     Child must be given counselling
   46.     Counselling for Aboriginal or Torres Strait Islander child
   47.     Child may be given other support
           Part 3--Custody and guardianship of a child awaiting adoption
           Division 1--Custody of child under care agreement
   48.     References to parent in div 1
   49.     Meaning of care agreement
   50.     Entering into care agreements
   51.     Effect of care agreement
   52.     No agreement against the wishes of a parent
   53.     Maximum period of care agreement
   54.     Ending of care agreement
           Division 2--Guardianship of child after consent is given to local adoption
   55.     Application of div 2
   56.     Definitions for div 2
   57.     Chief executive becomes guardian when consent is given or dispensed with
   58.     Child may be placed in care
   59.     Effect of consent or dispensation ending
   60.     Chief executive may place child in parents' care
   61.     Other ending of chief executive's guardianship
   62.     Guardianship under Child Protection Act not affected
           Division 3--Transfer of guardianship between chief executive and corresponding officer for another State
   63.     Corresponding officers
   64.     Chief executive may renounce guardianship
   65.     Chief executive may ask corresponding officer to renounce guardianship
           Part 4--Recruitment and selection of prospective adoptive parents
           Division 1--Planning
   66.     Chief executive must plan for future need
   67.     Deciding number of parents to be assessed
           Division 2--Making expressions of interest
   68.     Who may make an expression of interest
   69.     Form
   70.     Nomination relating to local or intercountry adoption
   71.     Other requirements for expressing an interest
   72.     Person may express an interest despite previous expressions
   73.     Changes to current expression of interest or relevant information
   74.     No expressions of interest while register is closed
           Division 3--Expression of interest register
   75.     Expression of interest register
   76.     Eligibility for inclusion in register
   77.     Notice and information to persons entered in register
   78.     Notice to persons not entered in register
   79.     Automatic removal from register
   80.     Other removal from register
   81.     Chief executive may require further information
   82.     Obligation to notify chief executive of changed or new information relevant to eligibility
   83.     Inclusion in register does not confer entitlement
           Division 4--Closing and re-opening expression of interest register
   84.     Chief executive may close register
   85.     Notice of closure
   86.     Periodic review of closure
   87.     Re-opening the register
           Division 5--Selections for assessment
   88.     Selection to meet anticipated future need
   89.     Selection to meet needs of particular child
   90.     Joint selection of spouses
   91.     Notice of selection and fees
           Part 5--Application by person wishing to adopt stepchild
           Division 1--Making an application
   92.     Who may apply
   93.     Requirements for application
   94.     Refusal of application
   95.     Obligation to notify chief executive of changed or new information relevant to application
           Division 2--How chief executive must deal with accepted application
   96.     Definitions for div 2
   97.     Application of div 2
   98.     Obtaining consents
   99.     All consents not obtained
   100.    Lapsing of application
           Part 6--Assessment of prospective adoptive parents
           Division 1--Preliminary
   101.    Who is assessed
   102.    Suitable adoptive parents register
   103.    This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
           Division 2--Purpose and scope of assessment
   104.    Purpose of assessment
   105.    Scope of assessment—persons selected to meet anticipated future need
   106.    Scope of assessment—persons selected to meet needs of particular child
   107.    Scope of assessment—persons wishing to adopt stepchild
           Division 3--Assessment process
   108.    Joint assessment of a couple
   109.    Assessment process
   110.    Timing and pace of assessment
   111.    Consent of household members to assessment
   112.    Fees
           Division 4--Information to assess suitability
   113.    Application of div 4
   114.    Chief executive may require information
   115.    Obligation to notify chief executive of changed or new information relevant to eligibility or suitability
   116.    Police information
   117.    Traffic information
   118.    Consultation with appropriate Aboriginal or Torres Strait Islander person
   119.    Other information gathering
           Division 5--Bases for deciding suitability
   120.    Application of div 5
   121.    Unacceptable risk of harm
   122.    Health
   123.    Guiding principles
   124.    Capacity to be adoptive parent generally
   125.    Good character
   126.    Attitudes to children and parenting
   127.    Adoptive parenting
   128.    Quality of relationship with spouse
   129.    Infertility
   130.    Matters relating to step-parent
   131.    Aboriginal or Torres Strait Islander children
   132.    Other cultural matters
   133.    Other prescribed matters
           Division 6--Action following decision
   134.    Application of div 6
   135.    Chief executive must give notice of decision
   136.    Removal from expression of interest register
   137.    Entry in suitable adoptive parents register
   138.    Preparation of report
           Division 7--Interstate register
   139.    Registration of person on interstate register
           Division 8--Re-assessment of person listed in suitable adoptive parents register
   140.    When a person may be re-assessed
   141.    Conduct of re-assessment
   142.    Re-assessment may be limited
   143.    Notice of re-assessment
           Division 9--Removal from suitable adoptive parents register
   144.    Automatic removal from register
   145.    Removal after re-assessment
   146.    Other grounds for removal
           Division 10--Investigative information
   147.    Police commissioner may decide that information about a person is investigative information
   148.    Appeal from decision that information is investigative information
   149.    Court to decide matters afresh
   150.    Consequence of successful appeal
           Part 7--Selection of prospective adoptive parents
           Division 1--Requirement to select persons as prospective adoptive parents
   151.    Application of div 1 for initial selection for local adoptions
   152.    Application of div 1 when further selection required
   153.    Chief executive must select prospective adoptive parents
           Division 2--How selection must be made
   154.    Application of div 2
   155.    Child's wellbeing and best interests generally
   156.    Child's particular needs
   157.    Preferences of parents
   158.    Characteristics of persons who may be selected
   159.    Eligibility
   160.    Placement with sibling
   161.    Other children in adoptive family
   162.    Initial period of full-time personal care by adoptive parents
   163.    Additional provisions relating to Aboriginal or Torres Strait Islander children
           Division 3--Facilitating matters between parents and selected persons
   164.    Facilitating agreement or adoption plan
           Part 8--Adoption plans
           Division 1--General
   165.    What is an adoption plan
   166.    Parties
   167.    Purpose
   168.    Nature of plan and limitations on operation
   169.    Chief executive to help
           Division 2--When is plan required
   170.    In-person contact between child and birth family
   171.    Child protection order
   172.    Particular Aboriginal or Torres Strait Islander placements
   173.    Adoption plans otherwise not compulsory
           Part 9--Adoption orders
           Division 1--General matters
   174.    Court may make adoption orders
   175.    Consents and pre-consent counselling and information
   176.    Particular documents not to be served on prospective adoptive parents
   177.    Proceedings about whether parents have consented
   178.    Child subject to child protection order
   179.    Child able to form and express views
   180.    References to prospective adoptive parents
           Division 2--Local adoptions
   181.    Application of div 2
   182.    Application for interim order
   183.    Requirements for making interim order
   184.    Period of operation of interim order
   185.    Effect of interim order
   186.    Discharge of interim order
   187.    Application for final adoption order if interim order is in force
   188.    Application for final adoption order in favour of approved carers
   189.    Requirements for making final adoption order
   190.    Notice of order
           Division 3--Intercountry adoptions
   191.    Application of div 3
   192.    Custody and guardianship if no guardian under Commonwealth Act
   193.    Custody and guardianship if interim order in force
   194.    Order ending custody or discharging interim order
   195.    Application for interim order
   196.    Requirements for making interim order
   197.    Period of operation of interim order
   198.    Chief executive to supervise child's wellbeing and interests
   199.    Application for final adoption order
   200.    Requirements for making final adoption order
   201.    Discharge of interim order on application for final order
   202.    Notice of order
           Division 4--Adoptions by step-parent
   203.    Meaning of suitability report
   204.    Application by step-parent
   205.    Notice of application
   206.    Respondents
   207.    Chief executive must file report
   208.    Requirements for making final adoption order
   209.    Notice of order
           Division 5--Adoptions by residents of a convention country
   210.    Application of div 5
   211.    Selection of prospective adoptive parents
   212.    Application for final adoption order
   213.    Requirements for making adoption order
           Division 6--Effect of final adoption order
   214.    Effect on relationships
   215.    Child's name
   216.    Effect of adoption orders in relation to property
   217.    Bequest by will to an unascertained adopted person
   218.    Transfer or distribution of property by trustee or personal representative
           Division 7--Discharge of final adoption order
   219.    Grounds for discharge
   220.    Who may apply
   221.    How to apply
   222.    Respondent
   223.    Hearing not to be in public
   224.    Hearing of application in absence of party
   225.    Court orders
   226.    Effect of discharge
           Part 10--Court proceedings
           Division 1--Preliminary
   227.    Application of pt 10
           Division 2--Constitution of court and procedural provisions
   228.    Court's constitution
   229.    Court's paramount consideration
   230.    Evidence
   231.    Court to ensure parties understand proceeding
   232.    Expert help
   233.    Right of appearance and representation
   234.    Right of appearance of departmental coordinators
   235.    Separate legal representation of child
   236.    Support for child
   237.    Legal representation of more than 1 child
   238.    Child can not be compelled to give evidence
   239.    Court may hear submissions from non-parties to proceeding
   240.    Transfer of proceedings
   241.    Hearing of applications together
   242.    Costs
           Division 3--Appeals
   243.    Who may appeal
   244.    How to start appeal
   245.    Stay of operation of decisions
   246.    Hearing procedures
   247.    Powers of appellate court
           Part 11--Access to adoption information
           Division 1--Preliminary
   248.    Identifying information
   249.    Meaning of relative
   250.    References to birth parent—who is a biological father
   251.    Application to persons who have died
   252.    Prescribed documents
   253.    Release of altered documents
   254.    How request for information is made
           Division 2--Access to particular identifying information while adopted person is a child
   255.    Application of div 2
   256.    Request by, or on behalf of, adopted child
   257.    Request by birth parent
   258.    Taking steps to obtain consent to disclosure
   259.    Support for persons involved in disclosure of information
   260.    Adoption plan may include consent or request not to be asked for consent
   261.    Access to information is subject to court order
           Division 3--Access to particular information when adopted person is an adult
   262.    Application of div 3
   263.    Request by adopted person
   264.    Request by adult relative in place of adopted person
   265.    Request by birth parent
   266.    Request by adult relative in place of birth parent
   267.    Request by pre-adoption sibling
   268.    Limitations on access to information
           Division 4--Contact statements and related matters
   269.    Contact statements
   270.    Contact statement obligations for post-June 1991 adoptions
   271.    Contact statement obligations for pre-June 1991 adoptions
   272.    Offence about contact for pre-June 1991 adoptions
   273.    Currency and revocation of contact statements
   274.    Persons making contact statements presumed to be living
           Division 5--Miscellaneous
   275.    Court order restricting access to information
   276.    Chief executive may obtain or disclose non-identifying medical information
   277.    Intercountry adoption
           Division 6--Mailbox service
   278.    What is the mailbox service
   279.    Other definitions for div 6
   280.    Who is eligible to take part
   281.    Exchanging non-identifying information
   282.    Exchanging identifying information
   283.    Notice of intention to take part
   284.    Receipt and review of documents
   285.    Document with no identifying information or concerning matter
   286.    Document with identifying information or concerning matter
   287.    Photographs of persons more than 2 years old
           Part 12--Registration of adoptions
   288.    Definitions for pt 12
   289.    Chief executive must notify registrar
   290.    Entitlement to certificate, information or source document relating to particular entries
           Part 13--Recognition of adoptions and related matters
           Division 1--Recognition of interstate and overseas adoptions
   291.    Recognition of Australian and New Zealand adoptions
   292.    Recognition of adoptions granted in convention countries
   293.    Recognition of adoptions granted in non-convention countries
           Division 2--Simple adoptions
   294.    Definitions for div 2
   295.    Simple adoption does not end parent-child relationship
   296.    Conversion of simple adoption in convention country
   297.    Conversion of simple adoption by Childrens Court
           Division 3--Other matters concerning overseas adoptions
   298.    Chief executive to have limited supervision of adopted children
   299.    Declarations of validity of overseas adoptions
           Part 14--Offences
   300.    Definitions for pt 14
   301.    Territorial application
   302.    False representation about arranging adoption
   303.    Giving or receiving consideration
   304.    Advertisements and other published matters
   305.    False or misleading information
   306.    Improperly witnessing a consent
   307.    Fraud or undue influence
           Part 15--General
           Division 1--Matters about offences and proceedings
   308.    Types of offences
   309.    Proceedings for indictable offence
   310.    Limitation on who may summarily hear indictable offence
   311.    Limitation on time for starting summary proceeding
   312.    Evidentiary provisions for proceedings under this Act
   313.    Proof of adoptions
           Division 2--Confidentiality
   314.    Confidentiality of information obtained by persons involved in administration of Act
   315.    Publishing identifying material
   316.    Disclosure to other jurisdictions
           Division 3--Miscellaneous
   317.    Adoption contract workers
   318.    Meaning of appropriate Aboriginal or Torres Strait Islander person
   319.    Right of review against particular decisions
   320.    Delegation
   321.    Protection from liability
   322.    Convention countries
   323.    State central authority
   324.    Research
   325.    Assistance to adoptive parents and others
   326.    Approved forms
   327.    Review of Act
   328.    Regulation-making power
           Part 16--Repeal, savings and transitional provisions
           Division 1--Repeal
   329.    Repeal of Adoption of Children Act 1964
           Division 2--Savings and transitional
   330.    Meaning of commencement day
   331.    Adoption orders
   332.    Correction of adoption orders
   333.    Application by step-parent
   334.    Special Needs Children's Adoption List
   335.    Review of decision to remove name from adoption list
   336.    Expression of interest register
   337.    Uncompleted review of decision to remove persons from expression of interest register
   338.    Suitable adoptive parents register
   339.    Current applications to Supreme Court or Childrens Court
   340.    Consents to adoption
   341.    Chief executive's guardianship
   342.    Current applications to chief executive to convert simple adoption
   343.    Particular objections continue in force as contact statements for pt 11
   344.    Current application to chief executive to disclose particular information
   345.    Entitlement to particular records
   346.    Transitional—effect of adoption orders in relation to property
           Part 17--Amendments
           Division 1--Amendment of Adoption of Children Act 1964
   347.    Act amended
   348.    Amendment of s 19 (Consents of parents and guardians required to adoptions)
   349.    Amendment of s 29A (Bequest by will to unascertained adopted persons)
   350.    Insertion of new s 59D
           351. Insertion of new pt 7, div 4
           Division 2--Amendment of Births, Deaths and Marriages Registration Act 2003
   352.    Act amended
   353.    Amendment of s 3 (Objects)
           354. Amendment of s 14 (Reregistering a birth or adoption)
   355.    Amendment of s 41 (Registering events in register)
   356.    Insertion of new ss 41A-41C
           357. Amendment of s 44 (Obtaining information from the registrar)
   358.    Insertion of new s 48D
           359. Insertion of new s 57B
           360. Amendment of sch 2 (Dictionary)
           Division 3--Amendment of Child Protection Act 1999
   361.    Act amended
   362.    Amendment of s 51ZI (Ending an agreement)
   363.    Amendment of s 186 (Confidentiality of notifiers of harm or risk of harm)
   364.    Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act)
   365.    Amendment of sch 3 (Dictionary)
           Division 4--Amendment of Childrens Court Act 1992
   366.    Act amended
   367.    Amendment of s 20 (Who may be present at a proceeding)
           Division 5--Amendment of other Acts
   368.    Consequential amendments
           SCHEDULE 1 -- HAGUE CONVENTION
           SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS
           SCHEDULE 3 -- DICTIONARY