South Australian Current Acts

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ADOPTION ACT 1988 - SECT 42

42—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

        (2)         In particular, the regulations may prescribe or make provision for—

            (a)         matters of practice, procedure or evidence in or in connection with proceedings under this Act; and

            (b)         the forms to be used for the purposes of this Act; and

            (c)         fees to be paid in respect of any matter under this Act, and the waiving of any such fees; and

            (d)         the keeping of registers of adoptions and the regulation of access to those registers; and

            (e)         the practice and procedure to be followed in obtaining and giving notice of any consent required for the purposes of this Act; and

            (f)         counselling in relation to adoption; and

            (g)         the payment of witnesses' expenses in connection with proceedings under this Act; and

            (h)         the criteria on which the eligibility of persons for approval by the Chief Executive as suitable persons to adopt children will be determined; and

                  (i)         the—

                  (i)         keeping of registers of persons approved by the Chief Executive as suitable persons to adopt children; and

                  (ii)         order in which persons whose names are included in a register may be selected to be applicants for adoption orders; and

                  (iii)         removal of names from a register; and

            (j)         the vesting of jurisdiction in the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013 to review—

                  (i)         any decision of the Chief Executive refusing to approve a person as being a suitable person to adopt children; or

                  (ii)         any decision by the Chief Executive to remove the name of a person from the register of persons whom he or she has approved as suitable persons to adopt children; or

                  (iii)         any other decision of the Chief Executive under this Act of a kind specified in the regulations; and

            (l)         fines not exceeding $10 000 for contravention of, or non-compliance with, a regulation.

        (3)         The regulations may confer discretionary powers.



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