South Australian Current Acts

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ADOPTION ACT 1988 - SECT 27B

27B—Limitation on obtaining information relating to adoption prior to commencement of Act in certain cases

        (1)         An old section 27B direction that is in effect immediately before the relevant day will, unless revoked earlier, continue to have effect until the expiry day.

        (2)         Subject to this section, the Chief Executive must not disclose information in contravention of an old section 27B direction.

        (3)         If an adoptive parent lodged an old  section 27B direction but no such direction was lodged by the adopted person before the relevant day, the adoptive parent's old section 27B direction does not operate to prevent the disclosure of information that is relevant to the welfare or whereabouts of the adopted person.

        (4)         A person who lodged an old section 27B direction may, at any time before the expiry day, give the Chief Executive a written statement setting out the person's wishes in relation to contact by another party to the adoption.

        (5)         The Chief Executive must, as soon as is reasonably practicable after receiving a statement of wishes from a person, give a copy of the statement to the Registrar.

        (6)         If the Chief Executive discloses information under section 27 to a person who has given the Chief Executive a statement of wishes, the Chief Executive must ensure that a copy of the statement accompanies the information disclosed.

        (7)         In this section—

"expiry day" means the day that falls 5 years after the relevant day;

"old section 27B" means section 27B of this Act as in force immediately before the relevant day;

"old section 27B direction" means a direction lodged under subsection (1), (2) or (3) of old section 27B directing the Chief Executive not to disclose information in the Chief Executive's possession that would enable the person who lodged the direction to be traced continued in effect under this section;

"relevant day" means the day on which section 20 of the Adoption (Review) Amendment Act 2016 comes into operation.



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