South Australian Current Acts

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ADOPTION ACT 1988 - SECT 41A

41A—Limitation on accessing information on register relating to person adopted prior to commencement of Act in certain cases

        (1)         An old section 41 direction that is in effect immediately before the relevant day will, unless revoked earlier, continue to have effect until the expiry day.

        (2)         The Chief Executive must not, in contravention of an old section 41 direction, authorise the Registrar to allow access to the following information in the register of births by a person who was adopted before 17 August 1989:

            (a)         information contained in an entry cancelled under subsection (1) of old section 41;

            (b)         information in an entry relating to a person who was adopted before 17 August 1989.

        (3)         The Registrar must not, except on the authorisation of the Chief Executive, allow any person access to the following information contained in the register of births relating to an adopted person:

            (a)         information in an entry cancelled under subsection (1) of old section 41;

            (b)         information in an entry relating to a person who was adopted before 17 August 1989.

        (4)         Despite subsection (3), the Registrar may, without the authorisation of the Chief Executive, allow access to information contained in an entry in the register of births cancelled under subsection (1) of old section 41 relating to an adopted person—

            (a)         if the adopted person is aged 18 years or more—by the adopted person; or

            (b)         by a birth parent of the adopted person.

        (5)         In this section—

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

"old section 41" means section 41 of this Act as in force immediately before the relevant day;

"old section 41 direction" means a direction under subsection (5) of old section 41 that the Chief Executive must not authorise access to information by a person who was adopted before 17 August 1989 continued in effect under this section;

"relevant day" means the day on which section 31 of the Adoption (Review) Amendment Act 2016 comes into operation.

        (6)         This section expires on the expiry day.

"Note—"

The Adoption Act 1988 came into operation on 17 August 1989.

"Editorial note—"

Section 41A has expired.



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