Authorised Version No. 006 16—Notice Varying a Condition of Consent to Adoption of an Aboriginal Child 72 Schedule 17—Extension of Period for Revoking Consent to

Authorised by the Chief Parliamentary Counsel

i

Authorised Version No. 006

Adoption Regulations 2008 S.R. No. 10/2008

Authorised Version incorporating amendments as at 19 December 2017

TABLE OF PROVISIONS Regulation Page

Part 1—Preliminary 1 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definitions 1

Part 2—Adoption agencies, accredited bodies, overseas jurisdictions and counsellors 2

Division 1—Approved adoption agencies 2 6 Application for approval or renewal of approval of adoption

agency 2 7 Qualifications of principal officer 2

Division 2—Approved agencies for overseas adoptions 2 8 Prescribed persons and organisations for overseas adoptions 2 9 Permitted arrangements with overseas agencies 3 10 Agencies not to be authorised by Secretary in certain

circumstances 3

Division 3—Accredited bodies for Hague Convention adoptions 4 11 Application for accreditation 4 12 Additional criteria for accreditation 4 13 Code of conduct for accredited bodies and staff 5

Division 4—Prescribed overseas jurisdictions 5 14 Overseas jurisdiction 5

Division 5—Approved counsellors 6 15 Secretary to keep list of approved counsellors 6


Regulation Page

ii

Part 3—Consents to adoption 7

Division 1—Counselling 7 16 Approved counsellors 7 17 Information to be provided by counsellor 7

Division 2—Parental wishes 8 18 Wishes of parent in relation to race, ethnic background,

religion etc. 8 19 Wishes of parent with respect to receiving notice of certain

events 9

Division 3—Procedures for consenting to adoption 10 20 Form of consent to adoption 10 21 Conduct of discussions 10 22 Persons who may witness consent 11 23 Matters to be complied with before statement signed 12 24 Offence to accept a fee for being present at a consent to

adoption 12 25 Documents to be given to person consenting to adoption 12 26 Certificate of compliance 13 27 Consent to adoption by guardian of non-citizen child 13 28 Notification to parent of inability to place child 13

Division 4—Additional provisions applying to adoption of Aboriginal children 14

29 Expression of wishes at time of giving consent 14 30 Conditions of access to Aboriginal child 14 31 Notices to be given if condition of consent cannot be met 16

Division 5—Revocation and extension of time for revocation of consent 16

32 Extension of period for revoking consent 16 33 Notice of revocation of consent 16

Part 4—Care of children awaiting adoption 17 34 Care of child before guardianship effective 17

Part 5—Applications for adoptions 18

Division 1—Prescribed requirements for applicants 18 35 Requirements to be satisfied by applicants for adoption of a

child 18

Division 2—Approval of persons to adopt children 19 36 Application for approval as a fit and proper person 19


Regulation Page

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37 Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child 19

Division 3—Register of adoptions 20 38 Registration of adoption orders 20 39 Details of adoptions to be provided to the Secretary by

approved agencies 22

Part 6—Birth certificates 23 40 Form of application for birth certificate 23 41 Fees payable 23

Part 7—General 24 42 Financial assistance 24 43 Time to comply with request for information 24

Part 8—Savings and transitional 25 44 Pending applications and consents 25 45 Persons deemed to be fit and proper 25

Schedules 26

Schedule 1—Regulations Revoked 26

Schedule 2—Information to be Contained in an Application for Approval of Adoption Agency 27

Schedule 3—Prescribed Persons and Organisations for Intercountry Adoption Arrangements 29

Schedule 4—Information to be Provided in Application for Approval as Fit and Proper Person to Adopt a Child 33

Schedule 5—Statement of personal details required to be submitted with an application for approval as a fit and proper person to adopt a child 35 Schedule 6—Notice to Parent Considering Placing a Child for Adoption 44

Schedule 7—Record of Wishes of Parent 47

Schedule 8—Wishes of Natural Parent with Respect to Receipt of Information after Consent is Given 50 Schedule 9—Forms of Consent to the Adoption of a Child 52

Schedule 10—Prescribed Statements of Persons Present when Consent is given to an Adoption within Australia 57

Schedule 11—Prescribed Statements of Persons Present when Consent to Adoption is given in a Country other than Australia 61


Regulation Page

iv

Schedule 12—Certificate of Compliance 64

Schedule 13—Consent of Guardian or Delegate to Adoption of Non-citizen Child Resident in Victoria 66 Schedule 14—Notice to Parent that an Adoptive Placement cannot be Found for a Child 68

Schedule 15—Notice to Parent of an Aboriginal Child of Inability to Place a Child Under Parent's Condition 70

Schedule 16—Notice Varying a Condition of Consent to Adoption of an Aboriginal Child 72 Schedule 17—Extension of Period for Revoking Consent to Adoption 74

Schedule 18—Notice Revoking Consent to Adoption 75

Schedule 19—Child Care Agreement—Child Awaiting Adoption 76

Schedule 20—Extension of Child Care Agreement—Child Awaiting Adoption 79

Schedule 21—Memorandum of an Adoption Order 81

Schedule 22—Application for Copy of Birth Certificate 84

Schedule 23—Code of Conduct for Accredited Bodies and their Staff 85

═══════════════

Endnotes 88 1 General information 88

2 Table of Amendments 90 3 Amendments Not in Operation 91

4 Explanatory details 92


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Authorised Version No. 006


Authorised Version incorporating amendments as at 19 December 2017

Part 1—Preliminary 1 Objective

The objective of these Regulations is to prescribe matters authorised to be prescribed by, and to ensure the effective implementation of, the Adoption Act 1984.

2 Authorising provision These Regulations are made under section 130 of the Adoption Act 1984.

3 Commencement These Regulations come into operation on 26 February 2008.

4 Revocation The Regulations listed in Schedule 1 are revoked.

5 Definitions In these Regulations—

Aboriginal agency has the same meaning as in section 50(3) of the Act;

spouse includes a domestic partner;

the Act means the Adoption Act 1984;

the Department means the Department of Human Services.

Reg. 5 def. of spouse substituted by S.R. No. 85/2016 reg. 5.


Part 2—Adoption agencies, accredited bodies, overseas jurisdictions and counsellors


2


Division 1—Approved adoption agencies 6 Application for approval or renewal of approval of

adoption agency The following applications must contain the information set out in Schedule 2—

(a) an application for the approval of the organisation as an approved agency under section 21 of the Act;

(b) an application for the renewal of approval as an approved agency under section 26 of the Act.

7 Qualifications of principal officer A welfare organisation must not nominate a person as its principal officer or deputy principal officer for the purposes of section 21(2) of the Act, and an approved agency must not permit a person to act as, or to exercise the powers and functions of, a principal officer, unless that person—

(a) has a tertiary qualification in social work or in an appropriate social science; and

(b) is experienced in the provision of child and family services.

Division 2—Approved agencies for overseas adoptions

8 Prescribed persons and organisations for overseas adoptions

For the purposes of sections 23 and 115(2) of the Act, the prescribed persons and organisations are the persons and organisations listed in Schedule 3.




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9 Permitted arrangements with overseas agencies The Secretary or an approved agency must not make arrangements with a person or organisation referred to in regulation 8 unless the Secretary is satisfied—

(a) after receiving written evidence, that the person or organisation is authorised in the country concerned to arrange for the overseas adoption of children in or from that country; and

(b) that the person or organisation is able to ensure that—

(i) children and natural parents are not being exploited when arrangements are being made for the adoption of children in or from that country; and

(ii) consents to adoption of such children are not obtained by fraud or under duress; and

(iii) natural parents have an adequate opportunity to give informed consent to adoption of such children; and

(iv) arrangements for the adoption of children from that country are subject to the requirements of natural or substantial justice.

10 Agencies not to be authorised by Secretary in certain circumstances

The Secretary must not, under section 23 of the Act, authorise an approved agency to make arrangements with a person or organisation if the government of, or a government welfare body in, the place outside Australia has notified the Secretary that the overseas adoption of children




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from that country has been prohibited by that country.

Division 3—Accredited bodies for Hague Convention adoptions

11 Application for accreditation For the purposes of section 69N(2)(a) of the Act, the prescribed information is—

(a) the name and address of the approved agency or, if not yet approved, the name of the organisation and the location of the proposed agency for which approval has been sought; and

(b) a written statement to the effect that the agency or organisation has accommodation available for its use and that the accommodation does not form part of, and is not adjacent to, accommodation that is used by an aid organisation or an organisation that represents adoptive parents; and

(c) a written statement to the effect that the agency or organisation is not associated with the collection and disbursement of aid to an overseas country.

12 Additional criteria for accreditation For the purposes of section 69O(1)(b)(ii) of the Act, the prescribed criteria are—

(a) the body is an incorporated non-profit body; and

(b) the body is not a party to negotiations or an agreement for the establishment of adoption arrangements with overseas countries; and




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(c) the body has a principal officer who has social science qualifications and experience in adoption, substitute care or family services to supervise the adoption arrangements undertaken by the body; and

(d) the body is financially viable; and

(e) the body has accommodation available for its use that—

(i) is suitable for the conduct of assessment, interviews, training and support for adoption arrangements; and

(ii) does not form part of, and is not adjacent to, accommodation that is used by an aid organisation or an organisation that represents adoptive parents; and

(f) the body is not associated with the collection and disbursement of aid to an overseas country; and

(g) the body has suitable facilities for the confidential storage of records.

13 Code of conduct for accredited bodies and staff For the purposes of section 69O(2)(c) of the Act, the prescribed code of conduct is the "Code of conduct for accredited bodies and their staff" set out in Schedule 23.

Division 4—Prescribed overseas jurisdictions 14 Overseas jurisdiction

The People's Republic of China is prescribed as an overseas jurisdiction for the purposes of Part IVB of the Act until 1 January 2009.




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Division 5—Approved counsellors 15 Secretary to keep list of approved counsellors (1) The Secretary must keep a list of approved

counsellors.

(2) The Secretary must ensure the list is readily accessible to approved agencies.


Part 3—Consents to adoption


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Division 1—Counselling 16 Approved counsellors

For the purposes of section 35(1)(a) of the Act, a person approved by the Secretary or the principal officer must be an approved counsellor.

17 Information to be provided by counsellor (1) A person who provides counselling under

section 35(1) of the Act to a person (a relevant person) proposing to give consent to the adoption of the relevant person's child must give the relevant person written information about the following matters in a language readily understood by the relevant person—

(a) the procedures, and the provisions of the Act and these regulations, applying to the giving of consent, including the specific procedures and provisions applying to—

(i) the giving of consent to the adoption of a child by a relative or a relative's spouse; or

(ii) the adoption of an Aboriginal child;

(b) the procedures, and the provisions of the Act and these regulations, relating to extending the period for revoking consent and the process for revoking consent within that period;

(c) the procedures, and the provisions of the Act and these regulations, applying once consent may no longer be revoked but before an adoption order is made; and

(d) information about different arrangements that may be made to care for the child.

Reg. 17(1) amended by S.R. No. 85/2016 reg. 13(1)(a).




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(2) For the purposes of sections 35(1)(b) and 35(1)(c) of the Act, the information in writing to be given by a counsellor, and the notice to be given in writing to the person receiving counselling, must be in the form of Schedule 6.

Division 2—Parental wishes 18 Wishes of parent in relation to race, ethnic

background, religion etc. (1) For the purposes of determining the wishes of a

parent under section 15(1)(b) of the Act, the Secretary or principal officer must ensure that a parent giving consent to adoption is given the opportunity of expressing in writing the parent's wishes about the religion, race, or ethnic background of proposed adoptive parent or adoptive parents of the child.

(2) If the parent expresses any wishes under section 15(1)(b) of the Act, a record of the wishes must—

(a) be made by the Secretary or principal officer; and

(b) contain the information set out in Form 1 of Schedule 7.

(3) For the purpose of determining the wishes of a parent under section 15(1)(c) of the Act, the Secretary or principal officer must ensure that, after consent is given, the parent is given an opportunity to express in writing the parent's wishes about access to the child and information about the child.

(4) If the parent expresses any wishes under section 15(1)(c) of the Act, a record of the wishes must—

Reg. 18(1) amended by S.R. No. 85/2016 reg. 13(1)(b).

Reg. 18(3) amended by S.R. No. 85/2016 reg. 13(1)(b).




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(b) contain the information set out in Form 2 of Schedule 7.

19 Wishes of parent with respect to receiving notice of certain events

(1) To enable the Secretary or principal officer to determine whether or not a person who has given consent for the purposes of Division 3 of Part II of the Act wishes to receive notice of an event referred to in sections 44(1)(a), 44(1)(b), 44(1)(c) or 44(1)(e) of the Act, the Secretary or the principal officer must ensure the person is given an opportunity at the time of giving consent to adoption to express a wish not to be given notice of any particular event.

(2) If the person expresses a wish referred to in subregulation (1), a record of the wishes must—


(b) contain the information set out in Schedule 8.

(3) At the time the record is made, the Secretary or principal officer must ensure the person is advised that changes to the person's wishes about being notified about any particular event may be made at any time by notifying the Secretary or principal officer in writing.

Reg. 19(3) amended by S.R. No. 85/2016 reg. 13(1)(c).




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Division 3—Procedures for consenting to adoption 20 Form of consent to adoption

For the purposes of sections 34(1) and 34(3) of the Act—

(a) the form of consent is in the prescribed form if—

(i) in the case of a consent not referred to in subparagraph (ii) or (iii)—it contains the information set out in Form 1 of Schedule 9; or

(ii) in the case of consent by a person to the adoption of the person's child by the person's spouse—it contains the information set out in Form 2 of Schedule 9; or

(iii) in the case of consent by a person to the adoption of the person's child by the spouse of the child's other parent or to adoption by a relative of the child—it contains the information set out in Form 3 of Schedule 9; and

(b) the prescribed statements are—

(i) in the case where a person gives consent in Australia—the statements set out in Schedule 10; or

(ii) in the case where a person gives consent to adoption in a country outside Australia—the statements set out in Schedule 11.

21 Conduct of discussions When a parent gives consent to the adoption of a child, the persons in whose presence consent is given must conduct their discussions in a sensitive

Reg. 20(a)(ii) amended by S.R. No. 85/2016 reg. 13(1)(d).

Reg. 20(a)(iii) amended by S.R. No. 85/2016 reg. 13(1)(d).




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manner and in a setting that ensures dignity, privacy and confidentiality.

22 Persons who may witness consent (1) For the purposes of section 34(1)(a)(ii) of the Act,

the person approved by the Secretary or principal officer must be—

(a) the person who gave the counselling for the purposes of section 35(1)(a) of the Act; or

(b) if the person who gave the counselling is unavailable or it is impracticable for the person to be present because of the particular circumstances, a person who has a detailed knowledge of adoption practice particularly in relation to—

(i) the effects of an adoption order; and

(ii) the procedure for extending the period for revoking consent; and

(iii) the procedure for revoking consent.

(2) For the purposes of section 34(2)(a) of the Act, the prescribed officials of a court are—

(a) the Prothonotary or Deputy Prothonotaries of the Supreme Court; and

(b) the Registrar or Deputy Registrars of the County Court approved by the Registrar for the purposes of the section; and

(c) the Registrar at each venue of the Magistrates' Court in the Melbourne metropolitan area that is authorised for the purposes of the section by the Secretary to the Department of Justice; and

(d) the Registrar at each venue of the Magistrates' Court outside the Melbourne metropolitan area.




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23 Matters to be complied with before statement signed A person must not sign a statement referred to in regulation 20(b) unless the person believes that the person giving consent understands—

(a) the effect of an adoption order; and

(b) the procedures for revoking consent to the adoption; and

(c) the procedure for extending the period for revoking consent to the adoption.

24 Offence to accept a fee for being present at a consent to adoption

A person must not solicit, or accept, a fee for being present when a consent to adoption is given under section 34 of the Act.

Penalty: 5 penalty units.

25 Documents to be given to person consenting to adoption

At the time consent to adoption is given, the person referred to in section 34(2) of the Act must—

(a) hand the following forms to the person giving consent to adoption—

(i) a true and completed copy of the form of consent to adoption of the child set out in Schedule 9 and signed by the person;

(ii) a blank copy of the form set out in Schedule 18 to enable the person to revoke consent;




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(iii) a blank copy of the form set out in Schedule 17 containing the name and address of the adoption agency or the officer of the Department of Human Services who is arranging the adoption to enable the person to extend the period for revoking consent; and

(b) immediately forward the original signed consent form, or ensure that it is delivered, to the Secretary or the principal officer of the approved agency named in the form.

26 Certificate of compliance For the purposes of section 35(3) of the Act, a certificate referred to in that subsection must be in the form set out in Schedule 12.

27 Consent to adoption by guardian of non-citizen child

For the purposes of section 36 of the Act, a consent is in the prescribed form of consent if it contains the information set out in Schedule 13.

28 Notification to parent of inability to place child For the purposes of section 38(1) of the Act, a notice informing a person that the Secretary or principal officer is unable to place a child with a proposed adoptive parent or proposed adoptive parents must—

(a) contain the information in Schedule 14; and

(b) be accompanied by the form set out in Schedule 18 to enable the parent to revoke the parent's consent.

Reg. 28(b) amended by S.R. No. 85/2016 reg. 13(1)(e).




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Division 4—Additional provisions applying to adoption of Aboriginal children

29 Expression of wishes at time of giving consent If at the time consent is given under section 37 of the Act, the parent of an Aboriginal child expresses a wish under section 50 of the Act that the child be adopted within the Aboriginal community, the instrument of consent must also contain the information set out in Form 4 of Schedule 9.

30 Conditions of access to Aboriginal child (1) For the purposes of section 37(1) of the Act, the

prescribed terms on which access may be had to an adopted child whose parent's consent is subject to a condition referred to in that subsection are—

(a) if the consent is subject to a condition that members of the Aboriginal community to which the child belongs have a right of access to the child—

(i) that a person acting under the authority of an Aboriginal agency has a right to visit the child and the adoptive parents in their home twice each calendar year to assess the extent of contact, and the opportunities for contact, between the child and the Aboriginal community and to assist and support the adoptive parents in arranging contact between the child and the Aboriginal community; and

(ii) if an Aboriginal agency has arranged a conference under this regulation, that a member of the Aboriginal community seeking access to the child cannot have access until that member has attended




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the conference arranged by the agency; or

(b) if the consent is subject to a condition that a specified relative of the child is to have a right of access to the child and an Aboriginal agency has arranged a conference under this regulation, that the relative cannot have access to the child until the relative has attended the conference arranged by the agency.

(2) An Aboriginal agency may arrange a conference for the purposes of subregulation (1) in relation to a relative of an adopted child or a member of the Aboriginal community to which the child belongs.

(3) The aims of the conference are—

(a) to resolve any difficulties about access that may be occurring; and

(b) to establish the basis for future access to the adopted child by the relative or member of the Aboriginal community.

(4) The conference is to be attended by a representative of the Aboriginal agency and the relative or member of the Aboriginal community.

(5) The Aboriginal agency may invite any of the following persons to attend the conference if participation by the person is relevant—

(a) the natural parents of the adopted child;

(b) the adoptive parents of the adopted child;

(c) the adopted child, if sufficiently mature;

(d) particular members of the Aboriginal community to which the child belongs.




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31 Notices to be given if condition of consent cannot be met

For the purposes of section 37(2) of the Act—

(a) a notice given to the parent who consented to the adoption is in the prescribed form if it contains the information set out in Schedule 15; and

(b) the notice to be served on the Registrar of the County Court must contain the information set out in Schedule 16.

Division 5—Revocation and extension of time for revocation of consent

32 Extension of period for revoking consent For the purposes of section 41(1)(a) of the Act—

(a) a form declaring that the period for revoking consent is in the prescribed form if it contains the information set out in Schedule 17; and

(b) the prescribed method of attestation is that the form be witnessed by a person who is 18 years of age or older.

33 Notice of revocation of consent For the purposes of section 41(2) of the Act, the

prescribed address is—

250 William Street

MELBOURNE 3000.


Part 4—Care of children awaiting adoption


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Part 4—Care of children awaiting adoption 34 Care of child before guardianship effective (1) If a person described in section 45(1)(a) or

45(1)(b) of the Act wishes to authorise the Secretary or principal officer to exercise rights of custody over a child before guardianship is effective under section 46 of the Act, the authority is not effective unless the Secretary or principal officer first agrees in writing to exercise rights of custody over the child.

(2) An authority must be in writing and must be entered into as an agreement between the person and the Secretary or the principal officer of the adoption agency.

(3) The Secretary or principal officer must ensure that the person understands—

(a) the effect, nature and duration of the agreement; and

(b) the provisions of sections 45(1)(c) to 45(1)(g) of the Act for ending the agreement; and

(c) the provisions for placing the child under section 45(3) of the Act; and

(d) any rights to access the person has while the agreement is in force.

(4) The agreement must be in the form of Schedule 19.

(5) If an agreement has been entered into under this regulation, any extension of the agreement under section 45(2) of the Act must be in the form of Schedule 20.


Part 5—Applications for adoptions


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Division 1—Prescribed requirements for applicants 35 Requirements to be satisfied by applicants for

adoption of a child For the purposes of section 15(1)(a) of the Act, the prescribed requirements are—

(a) the health of the applicants, including emotional, physical and mental health, is suitable;

(b) the age and maturity of the applicants are suitable;

(c) the applicants have suitable skills and life experience;

(d) the applicants' financial circumstances are suitable;

(e) the applicants have the capacity to provide a stable, secure and beneficial emotional and physical environment during a child's upbringing until the child reaches social and emotional independence;

(f) the applicants have the capacity to provide appropriate support to the maintenance of a child's cultural identity and religious faith (if any);

(g) the applicants have a suitable appreciation of the importance of—

(i) contact with a child's birth parent and family; and

(ii) exchange of information about the child with the child's birth parent and family;




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(h) the general stability of character of the applicants is suitable and the criminal history (if any) of the applicants does not make the applicants unsuitable;

(i) the stability and quality of the applicants' relationship with each other, and between them and the other household and family members, is suitable;

(j) the criminal history (if any) of the household members does not make the applicants unsuitable;

(k) if the applicants have had the care of a child before applying for approval as fit and proper persons to adopt a child, the applicants have shown an ability to provide a stable, secure and beneficial emotional and physical environment for the child.

Division 2—Approval of persons to adopt children 36 Application for approval as a fit and proper person

For the purposes of section 13(2) of the Act, an application for approval as a fit and proper person to adopt a child must—

(a) be in writing; and

(b) contain the information set out in Schedule 4; and

(c) be accompanied by a completed statement of personal details specified in Schedule 5.

37 Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child

For the purposes of section 13(3) of the Act, the prescribed requirements are the same requirements as those prescribed by regulation 35.




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Division 3—Register of adoptions 38 Registration of adoption orders (1) For the purposes of sections 70(1), 70(2) and

70(3) of the Act, the prescribed officer of the Court is—

(a) the Prothonotary or Deputy Prothonotary of the Supreme Court; or

(b) the Registrar or Deputy Registrars of the County Court approved by the Registrar for the purposes of section 70.

(2) For the purposes of sections 70(1) and 73A(1) of the Act, the memorandum is in the prescribed form if it contains the information set out in Schedule 21.

(3) For the purposes of section 70(1)(b) of the Act, prescribed particulars are—

(a) the sex, names under the adoption order, date and place of birth of the adopted child and, if the child was born outside Victoria, details of the State or Territory in Australia, or details relating to the country, where the child was born; and

(b) if the adoption is by 2 adoptive parents, the given names, the family name (including the maiden name, if applicable), the age at the birth of the child and the usual occupation of each adoptive parent; and

(c) if the adoption is by the spouse of a parent, the given names, the family name (including the maiden name, if applicable), the age at the birth of the child and the usual occupation of the parent and of the spouse of the parent; and

Reg. 38(2) amended by S.R. No. 76/2013 reg. 4(1).

Reg. 38(3)(b) substituted by S.R. No. 85/2016 reg. 6(1).

Reg. 38(3)(c) substituted by S.R. No. 85/2016 reg. 6(1).




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(d) if the adoption is by 2 adoptive parents or the spouse of a parent and—

(i) the adoptive parents or the spouse and parent are married, the date and place of the marriage; or

(ii) the adoptive parents or the spouse and parent are in a registered domestic relationship or a corresponding law relationship within the meaning of section 33A of the Relationships Act 2008, the date and place that their relationship was registered under section 10(3)(a) of that Act or was registered or formally recognised under a corresponding law within the meaning of section 33A of that Act; or

(iii) the adoptive parents or the spouse and parent are not in a registered domestic relationship, the date their relationship commenced; and

(e) the given names, the family names and the ages, at the time of birth of the adoptive child, of all children of the adoptive parent or parents or, in the case of adoption by the spouse of a parent, all children of the adoptive parent and the spouse of the adoptive parent; and

(f) the full name and address of the informant.

(4) For the purposes of sections 72(a)(ii), 73(b) and 73A(3)(b) of the Act, the prescribed particulars relating to a person whose birth is registered in Victoria and for whom an adoption order has been made in another State or Territory or

Reg. 38(3)(d) substituted by S.R. Nos 76/2013 reg. 4(2), 85/2016 reg. 6(2).

Reg. 38(3)(f) substituted by S.R. No. 76/2013 reg. 4(3).

Reg. 38(4) amended by S.R. No. 76/2013 reg. 4(4).




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another country are the particulars listed in subregulation (3).

(5) In this regulation, informant means—

(a) in the case of the adoption of a person who has attained the age of 18 years before the adoption order is made—the full name and address of the adoptive parent or parents of the adopted person; or

(b) in the case of an adoption recognised under section 69D of the Act—the person named as the informant in the memorandum sent to the Registrar under section 73A of the Act; or

(c) in any other case—the person who made the report to the court on behalf of the Secretary or the principal officer of an approved agency.

39 Details of adoptions to be provided to the Secretary by approved agencies

For the purposes of section 85(2)(b) of the Act, the details of the parties to an application to an adoption to be given to the Secretary by an approved agency are—

(a) the former registered names, date and place of birth of the child; and

(b) the names of the child that are given in the adoption order; and

(c) the names and address and date and place of birth of the natural parents of the child; and

(d) the names and address and date and place of birth of the adoptive parents of the child; and

(e) the name and address of the person who submitted the report to the court referred to in section 15(1) of the Act.

Reg. 38(5) inserted by S.R. No. 76/2013 reg. 4(5).


Part 6—Birth certificates


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Part 6—Birth certificates 40 Form of application for birth certificate

For the purposes of section 92(2) or 92(3) of the Act the prescribed form is the form set out in Schedule 22.

41 Fees payable (1) For the purposes of section 92(4) of the Act, the

prescribed fee is the appropriate fee prescribed under the Births, Deaths and Marriages Registration Act 1996.

(2) The fee payable to the Secretary or an approved agency for any other application under Part VI of the Act is 7⋅3 fee units.

Note

The fees prescribed by this regulation are subject to section 113 of the Act. This section provides that the Secretary or the principal officer of an approved agency or accredited body may waive or reduce, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this Act to the Secretary or the principal officer, as the case may be.


Part 7—General


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Part 7—General 42 Financial assistance

For the purposes of section 105 of the Act, the prescribed classes of children are—

(a) children with a physical, sensory, intellectual or emotional disability;

(b) children of a family group who have been adopted by the same adoptive parent or parents, or placed with the same person or persons for the purposes of adoption;

(c) children who the Secretary considers have unusual or difficult circumstances.

43 Time to comply with request for information For the purpose of section 123 of the Act, the prescribed period is 28 days.


Part 8—Savings and transitional


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Part 8—Savings and transitional 44 Pending applications and consents

Any consent to the adoption of a child, or application to adopt a child or for approval of an organisation as an adoption agency which had not been finalised before the commencement of these Regulations may be completed as if the Adoption Regulations 1998 were still in force.

45 Persons deemed to be fit and proper An approval of a person as a fit and proper person to adopt a child under the Adoption Regulations 1998 and any refusal, deferment or withdrawal of such an approval by the Secretary or by the principal officer of an agency continues to have effect as if the approval, refusal, deferment or withdrawal was made under these Regulations.


Schedules


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Schedules

Schedule 1 Regulation 4

REGULATIONS REVOKED

S.R. No. Title

32/1999 Adoption (Amendment) Regulations 1999



130/2005 Adoption (Fees) Regulations 2005


Schedule 2


27

Schedule 2 Adoption Regulations 2008

Regulation 6

INFORMATION TO BE CONTAINED IN AN APPLICATION FOR APPROVAL OF ADOPTION AGENCY

The name and address of the organisation and location of the proposed agency.

The membership and interests of members of any governing body of the organisation.

A copy of the rules, constitution, memorandum or articles of incorporation, as the case may be, of the organisation and a copy of any instrument evidencing the trusts, if any, related to the organisation.

The proposed method of financing the agency, including a financial statement and budget estimate.

The reasons the organisation wishes to make arrangements for adoption of children.

The activities the organisation proposes to undertake in relation to arranging adoptions, and the provision of an Adoption Information Service.

The experience of the organisation in adoption or related family welfare services.

The organisation's links with other child and family welfare services including arrangements for the care of a child before adoptive placement and after a child is removed from an adoptive placement.

The populations and geographical area of Victoria that the proposed agency would serve.

If adoption of children from overseas countries is proposed, the links established or proposed with organisations or persons in such countries.


Schedule 2


28

Accommodation, including rooms suitable for the conduct of assessment, interviews, training and support for adoption arrangements.

The number, experience, qualifications and duties of staff.

Provisions for the training of staff.

The structure, membership and interests of members of the committee making recommendations on applications for approval as persons suitable to adopt a child.

The structure, membership and interests of the committee concerned with the placement of children for adoption.

The method of keeping records of persons involved in adoption arrangements and for the safekeeping of these records.

Procedures for the internal review and evaluation of the agency.


Schedule 3


29


Regulation 8

PRESCRIBED PERSONS AND ORGANISATIONS FOR INTERCOUNTRY ADOPTION ARRANGEMENTS

COUNTRY PERSON OR ORGANISATION

ETHIOPIA Secretary, Adoption Committee Ministry of Women's Affairs Mothers & Children's Affairs Dept PO Box 1293 Addis Ababa ETHIOPIA

CHILE Director of Adoption SENAME Postal Box 51230, Correo 1 Santiago de Chile Chile SOUTH AMERICA

CHINA The Director Administration Department China Centre of Adoption Affairs (CCAA) No. 16, Wang Jia Yuan Lane Dong Cheng District Beijing 100027 PEOPLES REPUBLIC OF CHINA

FIJI Director Department of Social Welfare PO Box 2127 Government Buildings Suva FIJI

HONG KONG Executive Director International Social Service Hong Kong Branch 6/F Southern Centre 130 Hennessy Road Wanchai HONG KONG


Schedule 3


30


INDIA Principal Officer St Michael's Home No. 50 Feet Road (Old Madras Road) India Nagar Bangalore 560038 INDIA

Principal Officer Indian Society for Sponsorship and Adoption 1 Palace Court 1 Kyd Street Calcutta 700016 INDIA

Principal Officer Basundhara, AT-Abhinab Bidanasi Cuttack 753008 Orissa INDIA

Principal Officer Missionaries of Charity Nirmala Shishu Bhavan 12 Commissioner's Lane Delhi 1110054 INDIA

Director Holy Cross Social Service Centre Children's Home Dheer Par, D.D.A. Project Near Nirankari Savovar 16i INDIA

Secretary Central Adoption Resources Agency (CARA) Ministry of Welfare West Block 8, Wing 2 2nd Floor, R.k. Param New Delhi 110066 INDIA


Schedule 3


31


Principal Officer Bharatiya Samaj Seva Kenora (BSSK) Plot No. 373 North Main Road 6th Lane, Near Blue Bells Society Koregaon Park Pune 411001 INDIA

Principal Officer Welfare Home for Children 1-B Institutional Area Sarita Vihar New Delhi INDIA

KOREA Executive Director Eastern Social Welfare Society PO Box 241 Sodaemun Seoul KOREA

LITHUANIA Director State Child Rights Protection and Adoption Service Ministry of Social Security and Labour Sodu Str 15 2006 Vilnius LITHUANIA

PHILIPPINES Officer in Charge Intercountry Adoption Board #2 Chicago Cnr Ermin Garcia Streets Barangay Pinagkaisahan Cubao, Quezon City PHILIPPINES

POLAND

Ministerstwo Praci I Polityki Spolecznej Ul. Nowogrodzka 1/3/5 00-513 WARSZAWA 7 POLAND


Schedule 3


32


TAIWAN Executive Director Christian Salvation Service 7F, No. 420, Sec.1 Keelung Road Taipei TAIWAN REPUBLIC OF CHINA

SRI LANKA Commissioner Department of Probation and Child Care 150A 2nd Floor L.H.P.B. Building Nawala Road Nugegoda SRI LANKA

THAILAND Director Child Adoption Centre Department of Social Development and Welfare Rajvithi Road, Payathai Bangkok 10400 THAILAND


Schedule 4


33


Regulation 36

INFORMATION TO BE PROVIDED IN APPLICATION FOR APPROVAL AS FIT AND PROPER PERSON TO ADOPT A

CHILD

The full name of the applicant.

The date of birth of the applicant.

The address of the applicant.

The home and business telephone number of the applicant.

A statement to the effect that, if the application is approved, the applicant understands that the applicant's name will be placed on a register of persons approved as fit and proper persons to adopt a child.

A statement to the effect that the applicant understands that being placed on a register does not ensure that a child will be placed for adoption with the applicant.

A statement to the effect that the applicant understands that the applicant may also be asked to complete or provide other forms or documents such as birth certificates, medical forms, marriage and divorce certificates, certificates certifying particulars contained in an entry in the Relationships Register within the meaning of the Relationships Act 2008, citizenship certificates, police record authorisation, and previous assessments for placement of children and other personal information or to provide evidence that a relationship is a corresponding law relationship within the meaning of section 33A of the Relationships Act 2008.

In the case of an applicant for adoption of a child from another country—

(a) the name of the country from which it is intended to adopt the child; and

Sch. 4 amended by S.R. No. 85/2016 reg. 7.


Schedule 4


34

(b) a statement to the effect that the applicant understands that approval to adopt a child from a country named in the register does not apply to any other country and that a further approval may be necessary to adopt a child from any other country.

The signature of the applicant and the date the application was signed.


Schedule 5


35

Schedule 5

Adoption Regulations 2008

Regulation 36

STATEMENT OF PERSONAL DETAILS REQUIRED TO BE SUBMITTED WITH AN APPLICATION FOR APPROVAL AS

A FIT AND PROPER PERSON TO ADOPT A CHILD Purpose of this form:

The information you provide in this form is designed to assist the adoption agency to advise you about your eligibility to adopt a child. It also includes some of the matters the Court will consider if you make an application to the Court to adopt a child.

Information about your religion, race or ethnic background is relevant as the agency must consider the wishes of a natural parent before placing a child with you.

The information you provide must be correct at the time you sign the form, although it is understood your circumstances may change to some extent.

If any question does not apply to you, write "N.A." in the space provided.

APPLICANT No. 1

APPLICANT No. 2

PERSONAL DETAILS

Surname

Given names

Address

Previous surnames

Sex/gender

Date of birth

Place of birth (i.e. State or country of birth)

Marital/relationship status (i.e. married, divorced, widow/er, in domestic relationship, separated or single)

Sch. 5 substituted by S.R. No. 85/2016 reg. 8.


Schedule 5


36

APPLICANT No. 1

APPLICANT No. 2

If currently married, date and place of marriage (i.e. country, State, town or suburb)

If currently in a registered domestic relationship, date and place of registration or formal recognition of relationship (i.e. country, State, town or suburb)

If currently in a domestic relationship that is not a registered domestic relationship, the date of commencement of that relationship

Previous marriages and registered domestic relationships—

(If divorced—country or State, date and number of divorce)

(If registered domestic relationship has been revoked—country or State, date of revocation)

If a widow/er—date of death of spouse

Nationality

If naturalised, date of citizenship/ naturalisation


Schedule 5


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APPLICANT No. 1

APPLICANT No. 2

Race or ethnic origin

Religion

Education level achieved

Qualifications

Current occupation (include household duties or unemployed)

Current employer (name and address)

Preferred parental description, either "parent", "mother" or "father" (for the purposes of possible future adoption order)

Children (List the names and dates of birth of all children in your care indicating under "Relationship" whether they are your children by birth, adoption or otherwise or are fostered etc., and under "Court Orders" note whether a court order such as guardianship, custody, access or maintenance applies.)


Schedule 5


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APPLICANT No. 1

APPLICANT No. 2

Child 1 (name) (date of birth)




Relationship Court Orders Relationship Court Orders

Health—Applicants: (Please give names and addresses of medical practitioners known to you who may be able to provide medical reports.)

Doctor's name: Address: Telephone no.:




Schedule 5


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APPLICANT No. 1

APPLICANT No. 2

Health—Children: (Please comment generally on the physical and emotional health of each child in your care noting any particular problem or concerns occurring now or previously including any specialist treatment or services provided. For preschool children a paediatric report will be required.)

Social development—Children: (Please provide details of one referee per child as follows.)

Name of preschool centre manager/ teacher or principal:

Child's name: Preschool/school: Grade: Address: Telephone no.:

FINANCIAL STATEMENT

PART A: INCOME—EXPENDITURE

(1) Annual income

Salary and wages and/or net income from business

Centrelink payments (and type of benefit)


Schedule 5


40

APPLICANT No. 1

APPLICANT No. 2

Spousal maintenance from previous relationship(s)

Child support from previous relationship(s)

Dividends and interest

Rents

All other sources (please specify)

If joint income (e.g. business), please specify

TOTAL ANNUAL INCOME FOR EACH APPLICANT

(2) Annual expenses

Income tax

Insurance and superannuation

Health insurance

Rent

Rates and taxes

Mortgage payments Residence(s) Investment

Property(ies) Business property(ies)

Food and household expenditure

Electricity/gas/fuel

Telephone

Clothing


Schedule 5


41

APPLICANT No. 1

APPLICANT No. 2

Child care and education

Entertainment

Fares

Car maintenance and registration

Hire purchase/credit payments

Maintenance from previous relationship

Professional membership/ education fees

Personal loans

Travel

Other (please specify)

If joint expenditure (e.g. business), please specify

TOTAL ANNUAL EXPENSES FOR EACH APPLICANT

TOTAL NET INCOME

PART B: ASSETS AND LIABILITIES

(1) Assets

Family residence(s)

Investment property(ies) (Please give improved capital value.)

Shares and debentures


Schedule 5


42

APPLICANT No. 1

APPLICANT No. 2

Credits in bank savings accounts, building societies, and cash on hand

Insurance policies (Please specify surrender value.)

Motor vehicles (Please give present value.)

Other property (Please give value.)

(2) Liabilities/ financial obligations (not included in Part A)

Amount owing:

Residence(s)

Investment property(ies)

Business property(ies)

Personal loan(s) (including credit cards)

Other

REFEREES

Referee 1 Name: Address: Contact telephone no.: Nature of relationship

to applicant:


Schedule 5


43

APPLICANT No. 1

APPLICANT No. 2


to applicant:


to applicant:

Referee 4 Name: Address: Contact telephone no: Nature of relationship

to applicant:

Signature, Applicant No. 1 Signature, Applicant No. 2

Signature of Witness Signature of Witness

Name of Witness Name of Witness

Address of Witness Address of Witness

Date Date


Schedule 6


44


Regulation 17

WRITTEN INFORMATION TO BE PROVIDED BY COUNSELLOR

NOTICE TO PARENT CONSIDERING PLACING A CHILD FOR ADOPTION

When you are thinking about adoption for your child there are a number of different arrangements you can consider for raising your child. One of these arrangements may be best suited to you and your child.

These arrangements include—

• raising the child yourself using the supports and financial benefits available in your community.

• temporary care by another family until you have set up living arrangements, income and other supports.

• permanent care of your child by another person who may have a legal order such as a parenting order or adoption order. When these orders exist, they involve the transfer of some or all of your legal responsibilities as a parent.

When an adoption is finalised the Court makes an adoption order. This causes major legal changes affecting your relationship with your child.

Transfer of rights and responsibilities

Once an adoption order is made the child is treated in law in every way as the child of the parents who adopt the child. Your rights and responsibilities as a parent are given to the adoptive parent. An adoption order is permanent unless there are exceptional circumstances.



Schedule 6


45

Names of the child

After adoption the child may have new names. When an adoption order is made the Court approves the names of the child specified in the adoption application. The surname is usually the surname of the parents applying to adopt.

They also select given names which may be new names or names the child is known by.

New birth certificate

After adoption your child receives a new Birth Certificate which includes the names of the adoptive parents.

Inheritance

After adoption your child is entitled to inherit from the adoptive parents as if the child was born to them.

Your child may only inherit from you or your relatives if named in your will or the will of a relative.

Rights of natural parent

The law allows natural parents to have some rights after an adoption order is made.

It entitles you to some information about your child after an adoption order is made.

You may be entitled to have access to your child if this has been included in the adoption order, or if other arrangements have been agreed to by you and the adoptive parents.

When an adoption order is granted to a step-parent who is married to, or in a domestic relationship with, the parent still caring for the child, the law regards both of these parents as the child's parents. The parent still caring for the child in this case does not lose any of their rights as a parent.

If you are the other parent of the child (that is the parent who is no longer caring for the adopted child) you are no longer treated in law as the child's parent. All of the usual effects of an adoption order would apply to you once an adoption order is made.


Schedule 6


46

At any time before or after an adoption order is made you can apply to the Registrar of Births, Deaths and Marriages for a certified copy of your child's original birth certificate.

To obtain a copy of your child's original birth certificate you should apply either in writing or in person to—

The Registrar of Births, Deaths and Marriages, Ground Floor, 595 Collins Street Melbourne 3000.

There are a number of organisations that provide services to parents. These services are designed to support parents as they raise their children.

The names and addresses of organisations identified by your counsellor are:

If your child is not placed for adoption, your counsellor has informed you of the following alternatives:

Your counsellor will also discuss with you some of the services that may assist you in the event your child is not placed for adoption. The names and addresses of organisations identified by your counsellor are:


Schedule 7


47


Regulation 18

RECORD OF WISHES OF PARENT

FORM 1

WISHES OF NATURAL PARENT WITH RESPECT TO RELIGION, RACE OR ETHNIC BACKGROUND OF ADOPTIVE PARENTS

The full name, address and date of birth of the natural parent of the child.

The name, date of birth and place of birth of the child.

A statement by the parent as to whether or not the parent wishes to express a preference about the religion, race or ethnic background of any adoptive parents for the child being considered by the Secretary or the principal officer of the adoption agency.

If the parent wishes to express a preference, a statement of the parent's wishes with respect to—

(a) religion;

(b) race; and

(c) ethnic background—

of the adoptive parents being considered for the placement of the child.

A statement that the parent understands that, although the parent's wishes will be considered carefully, it may not be possible to place the parent's child with people who meet all of the parent's wishes.

The signature of the parent.

The signature of an approved counsellor.

The date and place where the statement of wishes was signed.

Sch. 7 Form 1 amended by S.R. No. 85/2016 reg. 13(2)(a).


Schedule 7


48

FORM 2

WISHES OF NATURAL PARENT AFTER CONSENT IS GIVEN WITH RESPECT TO INFORMATION ABOUT A CHILD AND

ACCESS TO A CHILD

The full name, address and date of birth of the natural parent of the child.

The name, date of birth and place of birth of the child.

Understandings

A statement by the natural parent that the natural parent understands that—

(a) the Secretary or principal officer of the adoption agency must consider both the natural parent's wishes and the welfare and interests of the natural parent's child before placing the child for adoption;

(b) it may not be possible to find a placement for the natural parent's child that meets all the natural parent's wishes and that the Secretary or principal officer may place the child in a placement that does not fit the natural parent's wishes if this is in the child's interests;

(c) if the adoptive parents and the natural parent agree, arrangements about information or access to the child may be included as conditions of an adoption order;

(d) if conditions are included in an adoption order, an adoptive parent of the adopted child, a parent who gave consent to the adoption of the child, the adopted child or a person on behalf of the adopted child may later apply to the Court to vary or revoke the conditions;

(e) if conditions are not included in an adoption order, an adoptive parent of the adopted child, a parent who gave consent to the adoption of the child, the adopted child or a person on behalf of the adopted child may later apply to the Court to vary the adoption order to include one or more conditions;

(f) an order to include, vary or revoke a condition, the effect of which is to grant a person a right of access, or greater rights of access, to the adopted child, cannot be made unless the adoptive parents agree and the Court is satisfied that, as far as practicable, the wishes of the adopted child have been ascertained and due consideration has been given to those wishes, having regard to the age and understanding of the child.

Sch. 7 Form 2 amended by S.R. No. 85/2016 reg. 13(2)(b).


Schedule 7


49

Wishes of natural parent with respect to information about the natural parent's child

A statement by the natural parent whether or not the natural parent wishes to be contacted and advised if no placement is available to meet the natural parent's wishes.

A statement by the natural parent whether or not the natural parent wishes to have the natural parent's child placed with persons who agree to give information about the child to the Secretary or to the principal officer and, if so, the frequency with which the parent wishes such information to be given.

Wishes of natural parent with respect to information about conditions on adoption order

A statement by the natural parent whether or not the natural parent wishes the natural parent's child to be placed with persons who agree to have the natural parent's wishes for information about the child to be included in an adoption order.

Wishes of natural parent with respect to access to the natural parent's child

A statement by the natural parent whether or not the natural parent wishes the natural parent's child to be placed with persons who agree—

(a) to allow the natural parent access to the child and, if so, the frequency access is required;

(b) to allow relatives to have access to the child and, if so, the name and address of the relative or relatives to have access, relationship to the child, and the frequency access is required.

Wishes of natural parent with respect to access conditions on access order

A statement by the natural parent whether or not the natural parent wishes the natural parent's child to be placed with persons who agree to have the natural parent's wishes for access to the child to be included in an adoption order.





Schedule 8


50


Regulation 19

WISHES OF NATURAL PARENT WITH RESPECT TO RECEIPT OF INFORMATION AFTER CONSENT IS GIVEN

The full name and date of birth of the natural parent of the child.

The address of the natural parent for the delivery of notices.

The name and date of birth of the child.

A statement by the natural parent that the natural parent understands that the Secretary or the principal officer must inform the natural parent of certain things that occur between the time the parent gave consent to the adoption of the natural parent's child and when the adoption order is made.

A statement by the natural parent that the natural parent understands that the natural parent must be told if the Secretary or principal officer decides not to continue as guardian of the natural parent's child.

A statement by the natural parent whether or not the natural parent wishes to be told—

(a) about the end of the time during which the natural parent can revoke the natural parent's consent to adoption;

(b) about the placement of the natural parent's child with persons who expect to adopt the child;

(c) if the child is taken away from the persons who expected to adopt the child because staying with them was not in the child's best interests;

(d) if the child dies before an adoption order is made;

(e) when an order for the adoption of the child is finally made by the Court.

Sch. 8 amended by S.R. No. 85/2016 reg. 13(2)(c).


Schedule 8


51

A statement by the natural parent that the natural parent understands that the natural parent may change the natural parent's wishes at any time about being told of any of the matters listed in the previous paragraph and that if the natural parent does change the natural parent's mind, the natural parent must advise the Secretary or principal officer in writing.





Schedule 9


52


Regulations 20 and 25

FORMS OF CONSENT TO THE ADOPTION OF A CHILD

FORM 1—GENERAL CONSENT TO ADOPTION

The full name of the person giving consent.

The address of the person giving consent.

The date and place of birth of the person giving consent.

The full name of the child.

The date of birth of the child.

The place of birth of the child.

The relationship of the child to the person giving consent.

A statement that the person consents to the adoption of the child.

A statement that, in giving consent, the person understands that when the Court makes an adoption order—

• the person will lose the person's rights as a parent of the child.

• those rights will be transferred to the person or persons who adopt the child.

• the child will be treated in law as the child of the person or persons who adopt the child.

A statement that the person understands that an adoption agency will make any arrangements needed before an adoption order is made.

An authority for the Secretary or the principal officer of the adoption agency (as the case may be) to make these arrangements.

A statement by the person that the person understands that, when all consents that are needed have been given, the Secretary or the principal officer of the adoption agency (as the case may be) will become the guardian of the child.

The signature of the person giving consent.

The date and place the consent is signed.

Sch. 9 Form 1 amended by S.R. No. 85/2016 reg. 13(2)(d).


Schedule 9


53

FORM 2—CONSENT BY PARENT TO CHILD BEING ADOPTED BY SPOUSE OF THE PARENT

The full name of person giving consent.







The full name of the spouse of the person.

A statement that the person consents to the Court making an adoption order for the child in favour of the person's spouse.

A statement that the person consents on the understanding that the person's rights as a parent will not be altered in any way by an adoption order in favour of the person's spouse.

A statement that the person understands that an adoption order gives the person and the person's spouse the same rights as parents of the child that both would have if they were married when the child was born.

A statement that the person understands that the Court may consider that a parenting order is more appropriate than an adoption order and that, in these circumstances, the Court will not make an adoption order.

An authority for the Secretary or the principal officer of the adoption agency (as the case may be) to conduct negotiations, or make arrangements or prepare any reports needed before an adoption order is made.



Sch. 9 Form 2 amended by S.R. No. 85/2016 regs 10, 13(2)(e).


Schedule 9


54

FORM 3—CONSENT BY PARENT TO CHILD BEING ADOPTED BY THE SPOUSE OF THE OTHER PARENT, OR BY A RELATIVE OF

THE CHILD OR BY THE SPOUSE OF A RELATIVE OF THE CHILD

The full name of person giving consent.







A statement that the person consents to the adoption of the child and the full name and the address of the person or persons proposing to adopt the child.

A statement identifying the relationship to the child of the person or persons proposing to adopt the child.

A statement that, in giving consent, the person understands that when the Court makes an adoption order—

• the person will lose the person's rights as a parent of the child.

• those rights will be transferred to the person or persons who adopt the child.

• the child will be treated in law as the child of the person or persons who adopt the child.

A statement that the person understands that the Court may consider that a parenting order is more appropriate to the child than an adoption order and that, in these circumstances, the Court will not make an adoption order.

An authority for the Secretary or the principal officer of the adoption agency (as the case may be) to conduct negotiations, or make arrangements or prepare any reports needed before an adoption order is made.



Sch. 9 Form 3 amended by S.R. No. 85/2016 regs 10, 13(2)(f).


Schedule 9


55

FORM 4—ADDITIONAL STATEMENTS RELATING TO THE WISHES AND CONDITIONS OF A PARENT WITH RESPECT TO THE ADOPTION OF A CHILD WITHIN

THE ABORIGINAL COMMUNITY

A statement by the person giving consent that the person—

(a) is of Aboriginal descent and that the person regards themselves as Aboriginal and is accepted as Aboriginal by the Aboriginal community; or

(b) is not Aboriginal but believes that the other parent of the child is of Aboriginal descent, regards themselves as a Aboriginal and is accepted as a Aboriginal by the Aboriginal community.

A statement that the person wishes to have the person's child placed for adoption within the Aboriginal community.

A statement that the person understands that the Secretary or principal officer of the adoption agency will place the person's child in a placement where—

(a) both adoptive parents are of Aboriginal descent; or

(b) one adoptive parent is of Aboriginal descent; or

(c) adoptive parents are not of Aboriginal descent but are approved by an Aboriginal agency.

A statement by the person that the person understands that the Secretary or principal officer is required to contact the person if—

(a) the person's conditions for access cannot be met; or

(b) no suitable adoptive parent or parents are available within the Aboriginal community—

and that if the Secretary or principal officer does so contact the person, the date until which the person will then have to revoke the person's consent to adoption or to change the person's conditions for access.

A statement by the person that the person understands that the Secretary or principal officer is not required to contact the person if the only suitable adoptive parents are not Aboriginal but are approved as suitable by an Aboriginal agency.

A statement by the person that the person understands that any conditions relating to access by the person, relatives of the child or members of the Aboriginal community will be included as conditions of any adoption order as long as suitable adoptive parents can be found who accept those conditions.

Sch. 9 Form 4 amended by S.R. No. 85/2016 reg. 13(2)(g).


Schedule 9


56

A statement of the conditions relating to access to which the consent is subject and in particular—

(a) whether it is a condition of consent that the person giving consent has access to the child and, if so, the periods within which the person wishes access to occur;

(b) whether it is a condition of consent that relatives of the child have access to the child and, if so, the full name, address and relationship of each relative to the child;

(c) whether it is a condition of consent that members of the Aboriginal community have access to the child from time to time.




Schedule 10


57


Regulation 20

PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN CONSENT IS GIVEN TO AN ADOPTION WITHIN

AUSTRALIA

PERSON A (These statements are to be signed by a person who is present at the giving of the consent to the adoption and who is one of the following—

(a) a "prescribed official of a court", that is—

(i) the Prothonotary or Deputy Prothonotaries of the Supreme Court; or

(ii) the Registrar or Deputy Registrar of the County Court or Assistant Registrars of the Court approved by the Registrar for the purposes of section 34(2) of the Adoption Act 1984; or

(iii) the Registrar at a venue of the Magistrates' Court in the Melbourne metropolitan area that is authorised for the purposes of the section by the Secretary to the Department of Justice; or

(iv) the Registrar at a venue of the Magistrates' Court outside the Melbourne metropolitan area;

(b) a person declared by Order of the Governor in Council published in the Government Gazette to be an authorised person for the purposes of section 34(2); or

(c) in relation to a consent signed in another State or Territory, a person who is the principal administrative officer of a court in that State or Territory or the deputy of such an officer).

1 The full name, address, official position and qualification of the person signing the statements (if different to official position).

Sch. 10 amended by S.R. No. 85/2016 reg. 13(2)(h).


Schedule 10


58

2 A statement that, in connection with the consent to adoption of the child to which these statements relate—

(a) the person signing the statements was present when the person giving consent to the adoption of the child gave consent to the adoption and that the person signing the statements observed the consent being given;

(b) the person signing the statements approved, or did not approve consent being given in a period less than 7 days but greater than 24 hours after counselling and information were given to the person giving consent to the adoption as required by section 35(1)(b) of the Act;

(c) the person signing the statements has seen and read the CERTIFICATE OF COMPLIANCE (Schedule 12) signed by—

(i) the Secretary; or

(ii) the principal officer or the deputy principal officer of the adoption agency—

certifying that the requirements of the Act and regulations regarding counselling and provision of notices to persons intending to consent to adoption have been complied with;

(d) before the person gave consent, the person signing the statements discussed with that person the effect of an adoption order and that the person signing the statements believed that the person understood the effect of an order;

(e) that the person signing the statements has given the person giving consent the following documents—

(i) a true and completed copy of the person's form of consent to the adoption of the person's child;

(ii) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18);


Schedule 10


59

(iii) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17) containing the name and address of the adoption agency or the officer of the Department arranging the adoption.

3 A statement that the person signing the statements had explained to the person giving consent the provisions of the Act and regulations and the procedures for extending the period for revoking consent and for revocation of consent and that the person signing the statements believes that the person understood those procedures.

4 A statement that the person signing the statements is signing these statements in the presence of the person giving consent to adoption and the person approved for the purpose under section 34(1)(a)(ii) of the Act.

The signature of the person signing the statements and the date they were signed.

PERSON B (These statements are to be signed by a person who is present at the giving of the consent to the adoption and who is one of the following—

(a) the counsellor who provided counselling under section 35(1)(a) of the Adoption Act 1984; or

(b) a person other than that counsellor who has been approved for the purpose by or on behalf of the Secretary or by the principal officer of the adoption agency.)

1 The full name, address, and official position of the person signing the statements and the qualification for signing the statements.

2 A statement that the person signing the statements is a person who has, under section 34(1)(a)(ii) of the Act, been approved to be present by the Secretary or the principal officer of an approved adoption agency.


Schedule 10


60

3 A statement that, in connection with the consent to adoption of the child to which these statements relate, the person signing the statements was present when the person giving consent to the adoption of the child gave consent to the adoption and that the person signing the statements observed the consent being given.

4 A statement that—

(a) not less than 7 days; or

(b) if, because of special circumstances, approval had been given to a period of less than 7 days but more than 24 hours—

before the consent was given, the person giving consent to the adoption was given information about the effect of an adoption order and about the alternatives to adoption available in Victoria.

5 A statement that the person signing the statements believes that the person giving consent to adoption understands the effect of adoption and the procedures necessary for the person to extend the period in which the person giving consent can revoke consent to adoption of the child.

6 A statement that no wishes expressed by the person giving consent about access to or information about the child were recorded at the time before consent was given nor was a schedule of these wishes completed at the time consent was given.

7 A statement that the person signing the statements is signing these statements in the presence of the person giving consent to adoption and the person approved under section 34(1)(a)(i) of the Act.



Schedule 11


61


Regulation 20

PRESCRIBED STATEMENTS OF PERSONS PRESENT WHEN CONSENT TO ADOPTION IS GIVEN IN A COUNTRY

OTHER THAN AUSTRALIA

PERSON A (These statements are to be signed by the official giving information about adoption to the person consenting to adoption.)

1 The full name, address, official position and qualification of the person for signing the statements (if different to official position).

2 A statement that, in connection with the consent to adoption of the child to which these statements relate—

(a) the official was present when the person giving consent to the adoption of the child gave consent to the adoption and that the official observed the consent being given;

(b) at the time consent was given, the effects of adoption in Victoria were discussed with the person giving consent;

(c) the official believes that the person understood the effect of an adoption order in Victoria and had given reasonable consideration to alternatives to adoption in Victoria;

(d) that the person giving consent was given the following documents—

(i) a true and completed copy of the person's form of consent to the adoption of the person's child;

(ii) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18);

(iii) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17).

Sch. 11 amended by S.R. No. 85/2016 reg. 13(2)(i).


Schedule 11


62

3 A statement that the procedures for revoking consent, and for extending the period for revoking consent had been discussed with the person giving consent and that the official believes that the person understood those procedures and was aware of the time limits involved.

4 A statement that the official was signing these statements in the presence of the person giving consent to adoption and another person qualified to be present when a person gives consent to adoption.


PERSON B (These statements are to be signed by the second official present when consent is given to adoption.)

1 The full name, address, and official position of the person signing the statements and the qualification for signing the statements.

2 A statement that, in connection with the consent to adoption of the child to which these statements relate, the official was present when the person giving consent to the adoption of the child gave consent to the adoption and that the official observed the consent being given.

3 A statement that the official believed that the person understood the effect of an adoption order in Victoria and had given reasonable consideration to alternatives to adoption in Victoria.

4 A statement that the person giving consent was given the following documents—

(a) a true and completed copy of the person's form of consent to the adoption of the person's child;

(b) a blank copy of a form to enable the consent to the adoption to be revoked (Schedule 18);

(c) a blank copy of a form to enable the period for revoking consent to adoption to be extended (Schedule 17).


Schedule 11


63

5 A statement that the procedures for revoking consent, and for extending the period for revoking consent, had been discussed with the person giving consent and that the official believed that the person understood those procedures and was aware of the time limits involved.

6 A statement that the official was signing these statements in the presence of the person giving consent to adoption and another person qualified to be present when a person gives consent to adoption.



Schedule 12


64


Regulation 26

Adoption Act 1984

CERTIFICATE OF COMPLIANCE

Name of person proposing to consent to adoption:

The date of birth of the person giving consent:

Address of person giving consent:

Name of child:

Date of birth of child:

Place of birth of child:

I, (full name of person signing certificate)

of (work address of person signing certificate)

being—

*(a) the Secretary; or

*(b) the principal officer of the (insert name of adoption agency) Adoption Agency being an approved agency under the Adoption Act 1984—

certify that the following requirements have been complied with before the person named in this certificate consented to the adoption of the child named in the certificate.

1 COUNSELLING

On (insert date or dates of counselling) the person received counselling from (insert name of

counsellor) of (insert address of counsellor) being an approved counsellor under section 5 of the Adoption Act 1984. I approved this counsellor for the purpose of counselling the person under section 35 of that Act.

2 INFORMATION ABOUT EFFECTS OF ADOPTION

The counsellor also gave the person information in writing in the prescribed form about the effect of adoption, the alternatives to adoption, and the names and addresses of organisations that provide family support services.

Sch. 12 amended by S.R. No. 85/2016 reg. 13(2)(j).


Schedule 12


65

The information was given to the person on (insert date) and was discussed with the person on (insert date) and on other occasions.

Approval was*/was not* given by (insert name of person giving approval) for consent to be given by the person during a period less than 7 days but more than 24 hours after the notice was given to the person.

3 RIGHT TO APPLY FOR BIRTH CERTIFICATE

The person was given notice in writing that, the person may, at any time make application subject to and in accordance with the Births, Deaths and Marriages Registration Act 1996 for a certified copy of the entry in the Register of Births relating to the child.

Signed:

Date:

Title: (*strike out whichever is inapplicable)


Schedule 13


66


Regulation 27

CONSENT OF GUARDIAN OR DELEGATE TO ADOPTION OF NON-CITIZEN CHILD RESIDENT IN VICTORIA

The full name and address of the person giving consent.

The full name of the child in respect of whom consent is being given.

The date and place of birth of the child.

The address of the child before travelling to Australia.

A statement that the person is either the guardian, or that the person is the delegate of the guardian, of the child under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth.

A statement that the person consents to the adoption of the child.

A statement that the person has reasonable grounds for believing that each parent of the child—

(a) has, in accordance with the law of the place of residence of that parent of the child, consented to the adoption of the child and that the consent has not been revoked; or

(b) has, in accordance with the law of the country where the child resided immediately before travelling to Australia, given consent to the adoption of the child and that consent has not been revoked; or

(c) is dead; or

(d) after reasonable enquiries have been made, cannot be found; or

(e) is the subject of circumstances which would allow for the consent of either parent to be dispensed with if that consent was required under the Adoption Act 1984.

Sch. 13 amended by S.R. No. 85/2016 reg. 13(2)(k).


Schedule 13


67

A statement of the circumstances upon which the person formed the person's belief (including sources of information and documentation and by whom they were verified).

The signature of the guardian or delegate of the guardian.

The date and place the consent was signed.

The official status of the guardian or delegate.


Schedule 14


68


Regulation 28

NOTICE TO PARENT THAT AN ADOPTIVE PLACEMENT CANNOT BE FOUND FOR A CHILD

The name and address of the person to whom the notice is being given.

The name of the child in respect of whom consent has been given to adoption and the date of the consent.

The name and title of the person giving the notice and the name, address and telephone number of the agency (if relevant).

A statement that the person giving the notice has not been able to find a suitable adoptive placement for the child.

The issues which need to be considered by the person giving consent including—

(a) arrangements for the long-term care of the child;

(b) legal guardianship of the child;

(c) whether the person should revoke consent to adoption. An invitation to contact the person giving the notice or an approved counsellor to discuss these questions.

A statement setting out what happens to the person's consent to adoption as a result of the inability to place the child including a statement that—

(a) the person may revoke consent to adoption, the date until which the person may revoke consent and the procedures for revoking consent;

(b) the person may do nothing and in that case the date the person's consent to adoption would be automatically cancelled after 140 days;

Sch. 14 amended by S.R. No. 85/2016 reg. 13(2)(l).


Schedule 14


69

(c) the person or the other parent of the child (or both) may arrange with the person giving notice for the return of the child to either or both parents' care and that if the child is returned to the care of one or both parents, the person giving notice will inform the person in writing of the discharge of guardianship under the Act.

A statement that—

(a) when a consent to adoption is revoked or cancelled, guardianship of the child usually returns to the parents of the child and that this means that although the parents may not be caring for the child they again have responsibility for making important decisions affecting the welfare of the child; and

(b) guardianship of the child would not return to the parents after an adoption consent is revoked or cancelled if there is a court order giving guardianship to another person, such as the Secretary.

A statement setting out the way in which the person may revoke consent and the times within which a revocation of consent must be lodged with the Registrar of the County Court and the address of the Registrar.

The signature and title of the person giving the notice and the date of the notice.


Schedule 15


70


Regulation 31

NOTICE TO PARENT OF AN ABORIGINAL CHILD OF INABILITY TO PLACE A CHILD UNDER PARENT'S

CONDITION

The name and address of the person to whom the notice is being given.

The name of the child in respect of whom consent has been given to adoption and the date of the consent.

The name and title of the person giving the notice and the name, address and telephone number of the agency (if relevant).

A statement of the conditions to which the consent to adoption was subject.

A statement that the person giving the notice has been unable to find suitable adoptive parents who accept these conditions.

An invitation to the person to discuss the matter with the person giving the notice or the person's adoption counsellor or an Aboriginal agency.

A statement that, whether or not the person to whom the notice is addressed does make contact, the person may do one of the following things—

(a) change the conditions; or

(b) revoke consent; or

(c) take no action at all.

Changing conditions of access

A statement that the person may complete the NOTICE VARYING CONDITION OF CONSENT FOR ADOPTION OF AN ABORIGINAL CHILD (Schedule 16) (which should be attached to the form).

A statement that if the form is completed, it must be posted by registered mail or delivered to the Registrar of the County Court.

Sch. 15 amended by S.R. No. 85/2016 reg. 13(2)(m).


Schedule 15


71

A statement setting out the date by which the form should be posted or delivered to the Registrar and that it cannot be accepted after that date.

Revocation of consent A statement that the person may revoke consent either by using the form NOTICE REVOKING CONSENT TO ADOPTION (Schedule 18) or by writing to the Registrar of the County Court giving the person's name and address and the name and date of birth of the child and saying that the person is the parent of an Aboriginal child, that the person has consented to the adoption of that child and that the person is revoking consent to the adoption.

A statement that if the form is completed, it must be posted by registered mail or delivered to the Registrar of the County Court, 250 William Street, MELBOURNE, 3000.

A statement setting out the date by which the form should be posted or delivered to the Registrar and that it cannot be accepted after that date.

Taking no action at all A statement that if the person to whom the notice is addressed does not change conditions for access by (insert date) or revoke consent to adoption by that date, the person giving the notice can apply to the Court to ask the Court to change the conditions of access to the child or to cancel the conditions for access so that the child may be placed with suitable adoptive parents.

A statement that the Court will only change or cancel the conditions of access if it receives a report from an Aboriginal agency, and that the Court must be satisfied that the person giving notice has attempted to find suitable adoptive parents willing to comply with the conditions.

A statement that whatever action the person to whom the notice is being given proposes to do, the person is invited to discuss the person's intentions with an adoption counsellor at the adoption agency.

The name, address, and signature of the person giving the notice and the date of the notice.


Schedule 16


72


Regulation 31

NOTICE VARYING A CONDITION OF CONSENT TO ADOPTION OF AN ABORIGINAL CHILD

The name and address of the person varying the condition of consent to adoption.

The date of birth of the person.

The name of the child in respect of whom consent was given and the date of the consent.

A statement that the person has been advised by the adoption agency arranging for the adoption that it was unable to find prospective adoptive parents who accepted the person's conditions for access to the child.

A statement that the person is now changing the conditions for access which the person sought when the person gave consent to adoption.

A statement that the person understands that the varied conditions will be included in the adoption order when an adoption is finalised by the Court.

Access by parent One of the following statements—

(a) that the person still wants the access to the person's child that the person required when the person gave consent to adoption;

(b) that the person still wants no access to the person's child; or

(c) that the person now requires no access at all;

(d) that the person now requires access every 3 months;

(e) that the person now requires access every 6 months;

(f) that the person now requires access at times the adoptive parents and the person agree to by private arrangement;

Sch. 16 amended by S.R. No. 85/2016 reg. 13(2)(n).


Schedule 16


73

(g) that the person now requires access (as specified in the statement).

Access by relatives One of the following statements—

(a) that the person still wants the access by relatives of the person's child that the person required when the person gave consent to adoption;

(b) that the person still requires no access by relatives of the person's child;

(c) that the person now wants access under the rules for access by relatives under the Adoption Regulations 2008 to the relatives (whose names, address and relationship to the child are appended to the notice).

Access by members of the Aboriginal community One of the following statements—

(a) that the person wants access to the person's child by members of the Aboriginal community;

(b) that the person still does not require access to the person's child by members of the Aboriginal community;

(c) that the person now requires access to the person's child by members of the Aboriginal community under the rules for access in the Adoption Regulations.

The signature of the person and the date the notice was signed and the signature of an approved adoption counsellor and a witness.


Schedule 17


74



EXTENSION OF PERIOD FOR REVOKING CONSENT TO ADOPTION

The name and address of the adoption agency or the officer of the Department arranging the adoption.

The name and address of the person extending the period for revoking consent to adoption.


The name of the child in respect of whom consent was given.

The date that the person consented to the adoption of the person's child.

A statement that the person now extends the period of 28 days in which the person can revoke consent by another (up to 14) days.

The signature of the person and the date the notice was signed.

The signature of a witness.

Sch. 17 amended by S.R. No. 85/2016 reg. 13(2)(o).


Schedule 18


75



NOTICE REVOKING CONSENT TO ADOPTION

The name and address of the person revoking consent to adoption.


The name of the child in respect of whom consent was given.

The date that the person consented to the adoption of the person's child.

A statement that the person revokes consent to the adoption of the person's child.

The signature of the person and the date the notice was signed.

The signature of a witness.

Sch. 18 amended by S.R. No. 85/2016 reg. 13(2)(p).


Schedule 19


76


Regulation 34

CHILD CARE AGREEMENT—CHILD AWAITING ADOPTION

Name of parent of child or person with parental responsibility for child:

Address:

The date of birth of the person:

Full name of child:


1 STATEMENT OF PARENT OF CHILD OR PERSON WITH PARENTAL RESPONSIBILITY FOR CHILD

In entering this agreement, I understand that, while the agreement continues, the Secretary or the principal officer of the adoption agency named on this form—

* is authorised to place the child with suitable persons or in a suitable place; and

* will be responsible for ensuring that the child receives proper care; and

* will make arrangements for financial support for the child; and

* will make arrangements for access to the child while I continue to have a right of access to the child; and

* is authorised to sign consents to anaesthetics or surgical operations where there is a serious threat to the health of the child and I cannot be contacted within a reasonable time; and

* is authorised to consent to the vaccination of the child and to decide such course of vaccination; and

* will provide me with information about the child from time to time while the agreement continues.

I understand that the person or persons caring for the child will have parental responsibility to make day-to-day decisions about the care of the child.



Schedule 19


77

2 LENGTH OF THIS AGREEMENT

I understand that this agreement will no longer apply—

* if I revoke my consent to the adoption of my child; or

* if I withdraw from the agreement at any time; or

* if a specified date has passed not exceeding 6 months from the day on which this agreement was signed; or

* if all consents needed for the adoption have been given or the Court has decided that any consent is not needed; or

* if the Secretary or the principal officer of the adoption agency becomes guardian of the child or if for some other reason I no longer have parental responsibility for the child.

3 EXTENSION OF THIS AGREEMENT

I also understand that the agreement cannot be extended unless I agree.

4 AGREEMENT TO SECRETARY OR PRINCIPAL OFFICER CARING FOR CHILD

I consented to the adoption of my child on day of .

OR

I am considering giving consent to the adoption of my child.

I agree to the Secretary.

OR

I agree to the principal officer of (insert name of adoption agency) adoption agency.

exercising my rights and carrying out my responsibilities for the child in the ways described in this agreement for a period of not more than 6 months.

Signature of parent of child or person with parental responsibility for child:

Date:

STATEMENT OF SECRETARY OR PRINCIPAL OFFICER OF ADOPTION AGENCY

Full name of official signing this agreement:

Address:


Schedule 19


78

I am the Secretary.

OR

I am the principal officer/deputy principal officer of (insert name of adoption agency) adoption agency.

I am satisfied that the effect, nature and length of this agreement has been explained by an adoption counsellor, namely (insert full name of counsellor) , to the person entering into this agreement.

I agree to exercise the rights and carry out the responsibilities that are described in this agreement.

The last day on which the agreement will apply will be the day of , unless it stops applying earlier for any reason set out earlier in this agreement under the heading "LENGTH OF AGREEMENT".

Signature:

Designation:

Date signed:

Place where signed: (Suburb/Town) (State)


Schedule 20


79


Regulation 34

EXTENSION OF CHILD CARE AGREEMENT—CHILD AWAITING ADOPTION

Name of parent or person having custody or guardianship of child:

The date of birth of the person:

Address:

Full name of child:

Date of birth of child:


STATEMENT OF PARENT, CUSTODIAN OR GUARDIAN OF CHILD

I entered an agreement with—

the Secretary

OR

the principal officer of the (insert name of adoption agency) adoption agency

on the (insert date agreement signed by parent, custodian or guardian) .

The agreement authorised the Secretary or principal officer to take responsibility for the day-to-day care of my child by arranging a suitable placement and making other necessary arrangements.

I agree to extend the agreement for another (maximum 6 months) months/weeks.

Signature of parent, custodian or guardian of child:

Date:

STATEMENT OF SECRETARY OR PRINCIPAL OFFICER OF ADOPTION AGENCY

Full name of official signing this agreement:

Address:

I am the Secretary.

OR

I am the principal officer/deputy principal officer of (insert name of adoption agency) adoption agency.


Schedule 20


80

I am satisfied that the effect of the extension of this agreement has been explained by an adoption counsellor, namely (insert full name of counsellor) to the person entering into this agreement.

I agree to continue exercising the rights and carrying out the responsibilities accepted in the child care agreement signed by the parent, custodian or guardian of the child on (insert date original agreement was signed by parent,

custodian or guardian).

The agreement is extended for a period of months/weeks commencing on (insert date being the day after the end of the previous period) .

The last day in which the extended agreement will apply will be (insert date) unless the agreement stops applying earlier for any reason given under the heading "LENGTH OF AGREEMENT" in the original agreement.

Signature:

Designation:

Date:

Where signed: (Suburb/Town) (State)


Schedule 21


81


MEMORANDUM OF AN ADOPTION ORDER *DETAILS OF THE CHILD

The registered birth given name or names and family name of the child.

The date and place of birth of the child.

The sex of the child.

The given name or names and family name of the child under the adoption order.

DETAILS OF EACH ADOPTIVE PARENT, in the case of adoption by 2 adoptive parents.

The given name or names and family name (including maiden name, if applicable) of each adoptive parent.

Each adoptive parent's place of birth and age at the date of birth of the child.

Each adoptive parent's usual occupation.

Each adoptive parent's place of residence.

Or

DETAILS OF THE PARENT AND THE ADOPTIVE PARENT, in the case of adoption by the spouse of a parent or another person.

The given name or names and family name (including maiden name, if applicable) of the parent and of the adoptive parent.

The parent's and adoptive parent's place of birth and age at the date of birth of the child.

The parent's and adoptive parent's usual occupation.

The parent's and adoptive parent's place of residence.

**DETAILS OF THE RELATIONSHIP OF THE ADOPTIVE PARENTS OR THE RELATIONSHIP OF THE PARENT AND ADOPTIVE PARENT

If married—

The date of the marriage of the adoptive parents or of the adoptive parent and spouse.

The place of marriage of the adoptive parents or of the adoptive parent and spouse.

Sch. 21 substituted by S.R. Nos 76/2013 reg. 5, 19/2014 reg. 4, 85/2016 reg. 12.


Schedule 21


82

If in a registered domestic relationship—

The date of the registration or formal recognition of the domestic relationship of the adoptive parents or of the adoptive parent and spouse.

The place of registration or formal recognition of the domestic relationship of the adoptive parents or of the adoptive parent and spouse.

If neither married nor in a registered domestic relationship—

The date of commencement of the relationship of the adoptive parents or of the adoptive parent and spouse.

DETAILS OF OTHER CHILDREN OF THE ADOPTIVE PARENTS OR OF THE ADOPTIVE PARENT AND SPOUSE (including deceased children and stillborn children if the information is available)

The name or names of each child in order of birth.

The age (in years) of each child at the time of birth of the child now being registered.

***DETAILS OF THE INFORMANT (as defined in regulation 38(5))

The full name of the informant.

The address of the informant.

The signature of the informant.

DETAILS OF THE ADOPTION ORDER

The date of the adoption order.

The Court and the place where the order was made.

****OTHER DETAILS

Whether the adoptive parents are related to the child and, if so, the relationship in each case.

Whether the adoption order is in respect of an Aboriginal child (order under section 50 of the Act) and, if so, a statement that the child is a child to whom section 114 of the Act applies and the name of any Aboriginal agency involved.

__________________


Schedule 21


83

*Note: If the place of birth of the child is not known, record the place where the child was first located.

**Note: Not required if the adoption order is made in respect of one adoptive parent who is not the spouse of a parent.

***Note: Not required if the adoption order is made in respect of an adult.

****Note: Not required if the adoption is finalised in a Convention country.


Schedule 22


84


Regulation 40

APPLICATION FOR COPY OF BIRTH CERTIFICATE To: The Secretary

Surname:

Given Names:

Date of Birth:

Address:

Phone Number: Home Business

I apply for a certified copy of the original entry in the Register of Births made before I/my child was adopted, or a certified copy of my/my adopted child's original birth certificate.

Signature:

Date:


Schedule 23


85


CODE OF CONDUCT FOR ACCREDITED BODIES AND THEIR STAFF

Conflict of interest 1 A member of staff of an accredited body must not hold

any financial or other interest, and must not give an undertaking, that could directly or indirectly compromise the performance of the member's functions. Conflict of interest must be assessed by taking into account, amongst other things, the likelihood that a member of staff possessing a particular interest could be influenced, or might appear to be influenced, in the performance of the member's responsibilities on a particular matter. A member of staff must notify the State Central Authority if a potential or actual conflict of interest arises.

Acceptance of gifts or benefits 2 An accredited body or member of staff must not accept a

gift, donation or benefit if it could be seen by a client as intended or likely to cause the member to undertake the member's responsibilities in a particular way, or deviate from the proper course of action.

Personal and professional behaviour 3 A member of staff of an accredited body must perform any

duties associated with the member's position diligently, impartially and conscientiously, to the best of the member's ability.

4 In the performance of duties, a member of staff of an accredited body must—

(a) keep up to date with any changes in practice or procedure relating to intercountry adoption; and

(b) maintain and preserve record information systems in accordance with the requirements of the State Central Authority; and

Sch. 23 amended by S.R. No. 85/2016 reg. 13(2)(q).


Schedule 23


86

(c) treat all clients with courtesy, sensitivity and in confidence; and

(d) not take any improper advantage of any information gained in the carrying out of the member's duties; and

(e) report to the State Central Authority any unethical behaviour or wrongdoing by other members of staff of which the member of staff is aware.

Fairness and equity 5 The manner in which an accredited body deals with

issues or clients must be consistent, prompt and fair. This includes—

(a) dealing with matters in accordance with procedures adopted by the agency for dealing with matters of that kind; and

(b) dealing with matters without discrimination on any grounds; and

(c) providing appropriate review and appeal mechanisms.

6 If an accredited body proposes to exercise a discretionary power in relation to a particular case, the body must ensure that all relevant considerations are taken into account in regard to the particular merits of the case.

Public comment and the use of information 7 While staff members of an accredited body have the right

to make public comment and to enter into public debate on political and social issues, they must refrain from public comment where that comment is sufficiently strong to undermine the accredited body, the State Central Authority or the Commonwealth Central Authority.


Schedule 23


87

8 An accredited body or a staff member of an accredited body must not disclose official information or documents acquired in the course of carrying out its, or the member's, functions as an accredited body or staff member unless approved by the State Central Authority.

═══════════════


Endnotes


88

Endnotes 1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Adoption Regulations 2008, S.R. No. 10/2008 were made on 26 February 2008 by the Governor in Council under section 130 of the Adoption Act 1984, No. 10150/1984 and came into operation on 26 February 2008: regulation 3.

The Adoption Regulations 2008 will sunset on 25 February 2019: see the Subordinate Legislation (Adoption Regulations 2008) Extension Regulations 2017, S.R. No. 135/2017.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

http://www.legislation.vic.gov.au/


Endnotes


89

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


Endnotes


90

2 Table of Amendments This publication incorporates amendments made to the Adoption Regulations 2008 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Adoption Amendment Regulations 2013, S.R. No. 76/2013 Date of Making: 25.6.13 Date of Commencement: 1.7.13: reg. 3

Adoption Amendment Regulations 2014, S.R. No. 19/2014 Date of Making: 29.4.14 Date of Commencement: 30.4.14: reg. 3

Adoption Amendment (Adoption by Same-Sex Couples) Regulations 2016, S.R. No. 85/2016

Date of Making: 5.7.16 Date of Commencement: 1.9.16: reg. 3

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Endnotes


91

3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication.


Endnotes


92

4 Explanatory details There are no entries at date of publication.