Version No. 070
Adoption Act1984
No. 10150 of 1984
Version incorporating amendments as at
1 September 2016
table of provisions
Section Page
vi
Section Page
Part I—Preliminary 1
1 Short title 1
2 Commencement 1
3 Repeals, savings and transitional provisions 1
4 Definitions 3
5 Approved counsellors 10
6 The Court 10
7 Jurisdiction 11
8 Rules of private international law not to apply 12
9 Welfare and interests of child to be paramount 12
Part II—Adoptions under this Act 13
Division 1—General 13
10 Who may be adopted 13
10A Application for adoption order 13
11 Persons in whose favour adoption orders may be made 14
12 Orders in favour of relatives 17
13 Approval of persons to adopt children 18
13A Register of approved persons 19
14 Wishes of child 20
15 Court to be satisfied as to certain matters 21
16 Notice of application for adoption orders 22
17 Parties 23
18 Custody etc. after refusal of an application for an adoption order 23
19 Discharge of adoption orders 23
Division 2—Arrangement of adoptions 26
20 Adoptions may be arranged by Secretary or by approved agency 26
20A Determinations by Secretary or approved agency 26
21 Application for approval of adoption agency 27
22 Secretary may grant or refuse application 28
23 Authorized agencies—non-citizen children 28
24 Revocation or suspension of approval 29
25 Period of approval of agency 30
26 Renewal of approval 30
27 Effect of cessation or suspension of approved agency 30
28 Effect of revocation or suspension of authority under section23 31
29 Ending of suspension of approval or authority 32
30 Notice of approval to be published in Government Gazette 32
31 Acts of principal officer deemed acts of approved agency 32
32 Duties of Secretary and approved agencies 33
Division 3—Consents to adoptions 33
33 Consents required to adoptions 33
34 Manner of giving consent 35
35 Requirements to be complied with 37
36 Consent by guardian under section 33(6) 38
37 Consent subject to conditions 39
38 Revocation of consent on notice of inability to place child 40
39 Consents to be construed as general consents 40
40 Consents given under law of another State or a Territory 41
41 Revocation of consents 41
42 Defective consents 42
43 Court may dispense with consents 43
44 Person who gives consent to be given notice of certain events 46
Division 4—Care of child 47
45 Care of child awaiting adoption 47
46 Guardianship of child awaiting adoption 48
47 Guardianship of non-citizen child 52
48 Natural parent's right of access after consent 52
Division 5—Court to be satisfied as to certain additional matters 53
49 Putative father 53
50 Adoption of Aboriginal child 54
51 Order for adoption of non-citizen child 56
Part III—Adoption orders under this Act 58
Division 1—General 58
52 Certificate of adoption 58
Division 2—Effect of adoption orders 58
53 General effect of adoption orders 58
54 Effect of orders as regards dispositions of propertyetc. 59
55 Bequest by will to unascertained adopted person 61
56 Names of adopted child 64
57 Effect of order on domicile 65
58 Adoption order not to affect the distribution of property by trustees or personal representatives unless notice given 65
Division 3—Adoption orders subject to conditions 66
59 Certain adoption orders subject to condition 66
59A Adoption order subject to certain conditions 66
60 Variation of orders and conditions 67
61 Cessation of condition 68
Division 4—Interim orders 68
62 Making of interim orders 68
63 Duration of interim orders 69
64 Discharge of interim orders 69
Part IV—Recognition of adoptions 70
65 Application of Part 70
66 Recognition of Australasian adoptions 70
67 Recognition of foreign adoptions 71
68 Supervision of certain adopted children 73
69 Declarations of validity of foreign adoptions 75
Part IVA—Adoptions under the HagueConvention 78
Division 1—Court orders and recognition of adoptions 78
69A Adoption of child in Victoria who is to live in a Convention country 78
69B Adoption in Victoria of a child from a Convention country 79
69C Issue of adoption compliance certificate 80
69D Recognition of adoption of a child from a Convention country to Australia 80
69E Recognition of adoption of a child from a Convention country to another Convention country 81
69F Effect of recognition of adoption under this Part 81
69G Evidential value of adoption compliance certificate 82
69H Order terminating legal relationship between child and parents 82
69I Refusal to recognise an adoption or an article 27 decision 83
69J Report on person who wishes to adopt a child in a Convention country 84
Division 2—State Central Authority 85
69K State Central Authority 85
69L Functions of State Central Authority 85
69M Delegation 86
Division 3—Accredited bodies 86
69N Application for accreditation 86
69O Accreditation 86
69P Revocation or suspension of accreditation 88
69Q Effect of suspension or revocation of accreditation 88
69R Renewal of accreditation 89
69S Gazettal and notification to Commonwealth of accreditation matters 90
Part IVB—Bilateral arrangements for intercountry adoptions 92
69T Definitions 92
69U Recognition of an adoption in a prescribed overseas jurisdiction of a child from that jurisdiction 92
69V Effect of recognition of adoption under this Part 93
69W Refusal to recognise an adoption under this Part 93
69X Evidential value of adoption certificate 93
69Y Report on person who wishes to adopt a child in a prescribed overseas jurisdiction 94
Part V—Registration of orders 95
70 Registration of orders 95
71 Sending of memoranda of orders to other States etc. 96
72 Registration of orders received from other Statesetc. 96
73 Registration of certain foreign orders 97
73A Registration of adoption of a child from a Convention country to Australia 98
74 Certain entries to be marked "adopted" 99
75 Index to be kept by Registrar 99
76 Register of Adoptions not open for search 100
77 Index of births 100
78 Application for information about birth of adopted person 101
79 Place of birth 103
79A Adoption records 104
79B Secretary may obtain information from Registrar 106
80 Discharge of order 106
81 Correction of errors 107
Part VI—Access to information 108
Division 1—General 108
82 Definitions 108
83 Restriction on access to reports and records 110
84 Access to certain documents under the Freedom of Information Act1982 111
85 Records of adoptions 112
86 Secretary may obtain information from a Court 113
87 Counselling services 113
88 Protection of privacy 114
89 Disclosure of medical information 114
90 Secretary to provide information 115
Division 2—Persons entitled to birth certificates orinformation 117
91 Interpretation 117
92 Access to birth certificates of adopted persons 117
93 Adopted person's right to information at age eighteen 120
94 Adopted person's right to information under age eighteen 121
95 Natural parent's right to information about adopted person under age eighteen 122
96 Natural parent's right to information about adult adopted person 123
96A Person's right to information about parent's adoption 124
97 Natural relative's right to information 126
98 Adoptive parent's right to information 127
99 Application to Court 128
100 Other person's right to information 130
Division 3—Adoption Information Service 130
101 Definition 130
102 Adoption Information Service 131
103 Adoption Information Register 131
104 Secretary to give assistance 133
Part VII—Miscellaneous 134
Division 1—General 134
105 Financial assistance 134
106 Separate representation of child 134
107 Hearings to be in camera 135
108 Secretary may appear at hearings 135
109 Costs 135
110 Judicial notice of signatures 136
111 Certified copies etc. of adoption orders to be evidence 136
112 Fees for assessment of applicants for adoption of child outside Australia 136
113 Waiver of fees 137
114 Registrar to give notices concerning Aboriginal children 137
115 Arrangements for adoption of children outside Australia 138
Division 2—Offences 139
116 Territorial application of Part 139
117 Taking away etc. adopted child by natural parent 139
118 Harbouring child taken from adoptive parents 140
119 Payments in consideration of adoptions etc. 140
120 Restrictions on advertising 142
121 Restriction on publication of identity of parties 142
122 Penalty for making unauthorized arrangements 145
123 Agency etc. to comply with request for information 146
124 False statements 146
125 Personation 146
126 Presenting forged consent etc. 147
127 Improperly witnessing consent to adoption 147
128 Penalty 148
129 Authority to prosecute 148
Division 2A—Application for review 148
129A Review by Victorian Civil and Administrative Tribunal 148
Division 3—Regulations 150
130 Regulations 150
Division 4—Transitional provisions 152
131 Transitional for applications 152
132 Transitionals—Adoption Amendment Act 2015 152
133 Transitional—Adoption Amendment (Adoption by SameSex Couples) Act 2015 153
Schedule 1—Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 154
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Endnotes 168
1 General information 168
2 Table of Amendments 170
3 Amendments Not in Operation 174
4 Explanatory details 175
vi
Version No. 070
Adoption Act1984
No. 10150 of 1984
Version incorporating amendments as at
1 September 2016
An Act to amend and re-enact the Law relating to Adoption, to repeal the Adoption of Children Act 1964, to make consequential amendments to certain Acts and for other purposes.
1
Part I—Preliminary
Adoption Act1984
No. 10150 of 1984
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
1 Short title
This Act may be cited as the Adoption Act 1984.
2 Commencement
The several provisions of this Act shall come into operation on a day or days to be proclaimed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
3 Repeals, savings and transitional provisions
S. 3(1)(2) repealed by No. 32/2000 s.18.
* * * * *
(3) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the Adoption of Children Act 1964 or existing or continuing under that Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had if that Act had not been repealed; and
(b) in particular and without affecting the generality of paragraph (a), such repeal shall not disturb the continuity of status, operation or effect of any rule, order, authority, application, decision, consent, bond, register, direction, liability or right made, affected, issued, granted, given, passed, accrued, incurred or acquired or existing or continuing by or under the Adoption of Children Act 1964 before the commencement of this section.
(4) Subject to this Act, sections 53 and 54 (other than subsection (4)) apply in relation to an adoption order made under, or continued in force by, any corresponding previous enactment as if this Act had been in force when the order was made and the order had been made under this Act.
(5) In relation to a disposition of property by a person who, or by persons any of whom, died before the commencement of this section, an adoption order referred to in subsection (4) shall have the same effect as if this Act had not been passed.
S. 3(6) repealed by No. 32/2000 s.18.
* * * * *
(7) Notwithstanding the repeal of the Adoption of Children Act 1964, that Act shall continue to apply to and in relation to arrangements and negotiations for the adoption of a child in respect of whom all consents necessary under that Act for the adoption have been obtained or have been dispensed with before the commencement of this section and to the making of orders for the adoption of any such child.
No. 7147 s.4.
4 Definitions
(1) In this Act, unless inconsistent with the context or subject-matter—
Aborigine means a person who—
(a) is descended from an Aborigine or Torres Strait Islander;
(b) identifies as an Aborigine or Torres Strait Islander; and
(c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
S. 4(1) def. of accredited body insertedby No. 32/2000 s.5(1).
accredited body means a body accredited under section 69O as an accredited body for the purposes of the Hague Convention;
S. 4(1) def. of adoption compliance certificate inserted by No. 32/2000 s.5(1).
adoption compliance certificate means a certificate issued in accordance with article23 of the Hague Convention;
adoption order means an order for the adoption of a child under this Act;
S. 4(1) def. of approved agency amended by No. 46/1998
s. 7(Sch. 1).
approved agency means a welfare organization approved by the Secretary under Division 2 of Part II;
approved counsellor means a person who is for the time being approved as a counsellor under section 5;
S. 4(1) def. of Central Authority inserted by No. 32/2000 s.5(1).
Central Authority means a person or office designated for a Convention country under article 6 of the Hague Convention;
child means a person who has not attained the age of 18 years or a person who has attained that age in respect of whom an adoption order is sought or has been made;
S. 4(1) def. of Common-wealth Central Authority inserted by No. 32/2000 s.5(1).
Commonwealth Central Authority has the same meaning as in the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[1];
S. 4(1) def. of contact statement inserted by No. 25/2013 s.3, repealedby No.32/2015 s.4(1)(a).
* * * * *
S. 4(1) def. of Convention country inserted by No. 32/2000 s.5(1), amendedby No.29/2011 s.3(Sch.1 item3).
Convention country means, subject to article45 of the Hague Convention—
(a) a country specified in Schedule 2 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth[2]; and
(b) any other country for which the Convention has entered into force[3], other than—
(i) Australia; and