Adoption Regulation 2009

1Short title

This regulation may be cited as the Adoption Regulation 2009.

2Commencement

This regulation commences on 1 February 2010.

3Dictionary

The dictionary in schedule 3 defines particular words used in this regulation.

4Requirements for expressing an interest—Act, s 71

This part states the requirements with which a person must comply when expressing an interest under part 4, division 2 of the Act.

s 4 amd 2016 SL No. 206 s 3

5Requirement to demonstrate ability to provide personal care

(1)The person must demonstrate that the person is aware it is ordinarily in a child’s best interests to receive full-time care—

(a)provided personally by—

(i)the person with whom the child is placed; or

(ii)if the child is placed with a person and the person’s spouse—the person or spouse; and

(b)for at least 1 year after the child is placed in the care of a person mentioned in paragraph (a).

(2)The person must provide details to the chief executive of the person’s proposed, or expected, care arrangements for a child for at least the first year of the child’s placement with the person.

s 5 sub 2016 SL No. 206 s 4

6Requirement to demonstrate financial capacity for an intercountry adoption

(1)This section applies to a person who makes an expression of interest for an intercountry adoption.

(2)The person must demonstrate that the person has the financial capacity to meet the full cost of completing the adoption process within 3 years of the day the person makes the expression of interest.

(3)For subsection (2), the full cost of completing the adoption process may include the following—

(a)fees as prescribed in schedule 2;

(b)fees payable in another country to an entity associated with the adoption;

(c)fees payable in relation to the child’s migration to Australia;

(d)costs related to the translation of documents;

(e)costs of having documents notarised and couriered between countries;

(f)costs of travel to, and accommodation in, another country to take custody of a child.

(4)If the person makes the expression of interest jointly with the person’s spouse, the person and the spouse may demonstrate a joint financial capacity for subsection (2).

s 6 amd 2016 SL No. 206 s 5

7Assessment of a step-parent’s suitability to be an adoptive parent—Act, s 133

(1)This section applies to an assessment for a proposed adoption of a child by a step-parent after the death of a parent of the child.

(2)Prescribed matters the chief executive must have regard to when deciding whether a step-parent is suitable to be an adoptive parent are—

(a)the views of the deceased parent’s family, if they can be located, on the adoption of the child by the step-parent; and

(b)the step-parent’s attitudes to, and understanding of the significance to the child of—

(i)the deceased parent; and

(ii)the deceased parent’s family; and

(iii)maintaining a relationship with the deceased parent’s family.

8What are the prescribed identity documents

(1)For this part, the prescribed identity documents are 2 documents complying with this section.

(2)Each document must be—

(a)a document listed in schedule 1; or

(b)another document the chief executive considers to provide sufficient evidence of the person’s identity.

(3)Each document must be either an original document or a certified copy of an original document.

(4)The 2 documents must contain, between them, sufficient information to determine the person’s full name, date of birth and signature.

(5)Each document must be written in English or accompanied by a certified translation of the original document.

(6)If the person’s full name as it appears on either of the 2 documents is different to the person’s current name, the person must produce a document the chief executive considers to provide sufficient evidence of the person’s change of name.

Examples—

a marriage certificate, deed poll or change of name certificate

9Proof of identity documents to accompany a parent’s form of consent—Act, s 18(2)(c)

The documents prescribed for section 18(2)(c) of the Act are the prescribed identity documents under section 8.

10Proof of identity documents to accompany a request for information—Act, s 254(1)(b)

(1)The documents prescribed for section 254(1)(b) of the Act are the prescribed identity documents under section 8.

(2)For this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was provided to the department—

(a)under an application under the Right to Information Act 2009 or the Information Privacy Act 2009; and

(b)for access to documents relating to an adoption for which the person is—

(i)the adopted person; or

(ii)a birth parent or adoptive parent of the adopted person; or

(iii)a relative of the adopted person, birth parent or adoptive parent; or

(iv)a guardian of the adopted person, birth parent or adoptive parent.

Note—

See section 249 (Meaning of relative) of the Act.

11Proof of identity documents to accompany a notice of intention to take part in the mailbox service—Act, s 283(1)(b)

(1)The documents prescribed for section 283(1)(b) of the Act are the prescribed identity documents under section 8.

(2)In this section, the chief executive may consider a document to provide sufficient evidence of the person’s identity if the document is evidence of the person’s identity that was previously provided to the department—

(a)to exchange information, that had been disclosed for a purpose under section 59(4) of the repealed Act, between parties to an adoption; or

(b)in an earlier notice of intention to take part in the mailbox service.

pt hdg (prev pt 4 hdg) renum 2010 SL No. 150 s 4

12Fees

The fees payable under the Act are stated in schedule 2.

13Fees payable by couples

For the purpose of paying a fee prescribed in schedule 2 a couple is to be charged as a single person and not as 2 persons.

14Fees for re-assessment

A fee listed in schedule 2, part 2 is not payable for a re-assessment under part 6, division 8 of the Act.

15Supervision fee nil in certain circumstances

(1)This section applies to a person for whom, before the commencement of this section, a supervision fee was not payable because of the operation of section 35 of the repealed regulation.

(2)The fee amount prescribed for section 198(3) or 298(3) of the Act is nil.

16Persons entitled to certificate, information or source document—Act, s 290

(1)The following persons are prescribed for section 290(1)(c) of the Act—

(a)if a guardian has been appointed for the applicable person—the guardian;

(b)if an administrator has been appointed under the Guardianship and Administration Act 2000, section 14, for the applicable person—the administrator;

(c)if a personal representative has been appointed for the applicable person—the personal representative;

(d)a person who produces an order of a court of the State or Commonwealth requiring the registrar to accept an application under the Births, Deaths and Marriages Registration Act 2003, section 44.

(2)At the time a prescribed person mentioned in subsection (1)(a), (b) or (c), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003, section 44, the person must produce—

(a)prescribed identity documents stated in section 8; and

(b)if requested by the registrar, photographic identification; and

(c)the person’s instrument of appointment demonstrating the document sought is required under the person’s appointment.

(3)An instrument of appointment produced for subsection (2)(c) must either be written in English or accompanied by a certified translation of the original instrument of appointment.

(4)At the time a prescribed person mentioned in subsection (1)(d), with authorisation from the chief executive, makes an application to the registrar under the Births, Deaths and Marriages Registration Act 2003, section 44, the person must produce the prescribed identity documents stated in section 8.

(5)In this section—

applicable person means—

(a)a person who has been given information under part 11, division 2 or 3 of the Act about another person; or

(b)a birth parent of an adopted person.

s 16 amd 2010 SL No. 150 s 5; 2016 SL No. 206 s 6

17A certificate signed by the chief executive used in evidence for proceedings under the Act—Act, s 312(3)(i)

A certificate purporting to be signed by the chief executive, produced in proceedings under the Act, is evidence that the chief executive placed a stated child in the custody of stated prospective adoptive parents on a stated date.

section 8(2)(a)

1a birth certificate

2a citizenship certificate

3an Australian passport that is current or has been expired for less than 2 years

4a current overseas passport

5a current driver licence containing the person’s photograph

6a current proof of age card containing the person’s photograph

7a current document evidencing the person’s residency or visa status

8a current Medicare card, pensioner concession card, health care card or another identification card issued by the Australian government as evidence of a person’s entitlement to a benefit

9a current positive notice blue card issued under the Working with Children (Risk Management and Screening) Act 2000

10a telephone, gas or electricity account not more than 1 year old

11a current credit card, debit card or other account card from a financial institution which includes an embossed name and signature

12a passbook or statement of account from a financial institution which is not more than 1 year old

13a notice of rates from a local government that is not more than 1 year old

14a current student identity card containing the person’s photograph or signature issued by a school or another educational institution

15a Queensland Government employee identity card containing the person’s photograph

16an Australian State police officer, Federal police officer or Australian Defence Force identity card containing the person’s photograph

17a current crowd controller’s licence, private investigator’s licence or security officer’s licence issued under the Security Providers Act 1993

18a current licence issued under the Weapons Act 1990

sch 1 amd 2014 SL No. 105 s 5

section 12

sch 2 sub 2010 SL No. 150 s 6; 2011 SL No. 118 s 4; 2012 SL No. 122 s 3; 2013 SL No. 91 s 4; 2014 SL No. 97 s 24; 2015 SL No. 65 s 4; 2016 SL No. 76 s 4; 2017 SL No. 98 s 4; 2018 SL No. 88 s 4

section 3

certified copy, of an original document, means a copy that has been certified by a qualified witness as being a correct copy of the original document.

certified translation, of a document, means a translation of the document into the English language by a translator who certifies—

(a)the translator’s full name and address; and

(b)the translator’s accreditation or qualifications for making the translation; and

(c)that the translation is correct.

prescribed identity documents see section 8.

qualified witness means—

(a)an officer or employee of the department; or

(b)a lawyer or notary public; or

(c)a commissioner for declarations; or

(d)a justice of the peace; or

(e)a police officer; or

(f)a medical practitioner; or

(g)an authorised person mentioned in section 18 of the Act.

def qualified witness amd 2010 SL No. 150 s 7

repealed regulation means the repealed Adoption of Children Regulation 1999.