Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Principles
4. Terms used
4A. Presumptions of parentage
5. Act binds Crown
PART 2 -- Adoption agencies
Division 1 -- Authority to conduct adoption services
6. Adoption services to be conducted by or on behalf of CEO
7. Adoption services as to step-parent adoptions
8. Offence
Division 2 -- Private adoption agencies
9. Private adoption agencies
10. Regulations as to private adoption agencies
11. Offence of holding out etc.
Division 3 -- Adoption applications committee
12. Establishment of adoption applications committee
13. Functions of adoption applications committee
14. Membership of adoption applications committee
15. Procedures etc. of adoption applications committee
PART 3 -- The adoption process
Division 1 -- Preliminary matters
16. Duties of CEO as to birth parents
16A. Matters relevant to the adoption process for Aboriginal or Torres Strait Islander children
Division 2 -- Consent to adoption
17. Persons to give consent
18. Effective consent
20. Specification of prospective adoptive parent
21. Man who may be a prospective adoptee’s father to be notified
22. Revocation of consent
23. Notice of revocation
Division 3 -- Court applications as to consents to adoption and notices
24. Orders dispensing with consent
25. Orders as to service of notice
26. Application for parenting order
Division 3A -- Court applications for determinations of parentage
26A. Terms used
26B. Application of this Division
26C. Application for determination of parentage
26D. Orders on application for determination of parentage
26E. Orders associated with parentage testing orders
26F. Orders directed to persons 18 or over
26G. Orders directed to children under
26H. No liability if parent etc. consents
26I. Reports of information obtained may be received in evidence
26J. Revocation of consent
Division 4 -- Guardianship of prospective adoptees
27. Guardians of children awaiting adoption where all consents accounted for
28. Guardianship of children awaiting adoption where not all consents finalised
29. Cessation of guardianship of children awaiting adoption
30. If not possible or desirable to place a child for adoption
31. Care of child pending placement for adoption
32. Responsibilities of guardians of children awaiting adoption
33. Renunciation and transfer of guardianship by CEO
34. Transfer of guardianship to CEO
35. Offence
Division 5 -- Court applications as to guardianship of children awaiting adoption
36. Orders as to guardianship under Division 4
Division 6 -- Prospective adoptive parents
37. Duty of CEO as to information about adoptive parenthood
38. Application to be a prospective adoptive parent
39. Criteria for application
40. Assessment of applicants for adoptive parenthood
41. Adoption applications committee
42. Decisions of adoption applications committee
43. Reasons for decision
44. CEO to keep registers
Division 7 -- Placement of prospective adoptees
45. Selection of prospective adoptive parents
46. Negotiation of adoption plans
47. Duty of CEO as to adoption plans
48. Placement following adoption plan
49. Placement if no adoption plan
50. Orders to constitute provisions of adoption plans
51. Medical report as to child’s health before placement
52. Restrictions on placement
53. Placing children who cannot be placed under s. 52
54. Supervision of placements
Division 8 -- Adoptions by step-parents or carers
55. Adoption plans in adoptions by step-parents or carers
Division 9 -- Applications for adoption orders
56. Placement to be for at least 6 months
57. Time for applying for adoption order may be shortened
58. Notice of intention to apply for adoption order
59. Notice where birth parent deceased or cannot be found
60. Court applications as to notices
61. Report for adoption proceedings
62. Application for adoption order
63. Intervention by CEO or other persons in applications for adoption orders
64. Evidence on application for adoption order
Division 10 -- Adoption orders
65. Jurisdiction
66. Who may be adopted
67. Who may adopt
68. Adoption orders in relation to children
69. Adoption orders in relation to adults
70. Court may allow further parties to adoption plans
71. Other powers on adoption applications
72. Approval and enforcement of adoption plans
73. Dispensing with adoption plans
74. Name of adoptee
75. Effect of adoption orders
76. Variation of adoption plans
77. Discharge of adoption order
78. Court to notify Registrar of adoption order etc.
Division 11 -- Adoption of a child in Western Australia who is to live in a Convention country
78A. Arrangements for adoption
78B. Issue of adoption compliance certificate
PART 4 -- Adoptions information
Division 1 -- Adoption information services
79. Duties of CEO as to adoption information services
80. CEO to notify certain persons in event of death
Division 2 -- Access to adoptions information
81. Terms used and application of Division 2
82. CEO’s authority to allow access to information
83. Court orders as to access to information
84. Court records
85. Registration of birth
86. Portion of registration of birth not referring to adoption
88. Non-identifying information held by adoption agencies
89. If party to adoption deceased
90. If adoptee cannot be found
Division 3 -- Exchange and preservation of adoptions information
91. Family Court to provide information to CEO
92. Registrar to provide information to CEO
93. Persons or bodies to provide information to CEO
94. Preservation of records as to adoptions information
Division 4 -- Contact vetoes
99. Register of contact vetoes
100. Duration of contact vetoes
102. Confirmation, cancellation or variation of vetoes
103. Undertakings not to contact person who has lodged contact veto
104. Offence to breach undertaking or harass
Division 5 -- Private contact and mediation licensees
105. Contact and mediation agencies to be licensed
106. Licences to conduct contact and mediation services
107. Regulations as to contact and mediation agencies
108. Contact and mediation agencies bound by contact veto
Division 6 -- Updating non-identifying information
109. CEO to attempt to obtain current information
PART 5 -- Review of decisions and appeals
Division 1 -- Review by CEO
110. Review by CEO
111. Nature of review by CEO and evidence
112. Powers of CEO on review
Division 2 -- Decisions of the adoption applications committee
113. CEO may direct committee to review its own procedures
Division 3 -- Appeals to Family Court
114. Matters that may be appealed to the Family Court
115. Nature of appeal to Family Court
116. Role of CEO in appeals from decisions of committee
117. Status of decision pending appeal
Division 4 -- Appeals to Court of Appeal
118. Appeals from decision of Family Court under Division 3
119. Appeals from other decisions of Family Court not affected
PART 6 -- Offences
120. Terms used
121. Territorial application
122. Payments for adoption, adoptions services etc.
123. Restriction on advertising
124. Restriction on publication of identity of parties
125. Undue influence
126. Harassment etc.
127. Confidentiality
128. Authority, and time in which, to prosecute
129. Other evidentiary matters
PART 7 -- Miscellaneous
Division 1 -- Delegation and protection
130. Delegation by CEO
130A. Delegation by State Central Authority
131. Protection from liability etc.
132. Distribution of property not affected without notice
Division 2 -- Proceedings
133. Proceedings to be private
134. Representation of children
Division 2A -- State Central Authority
134A. State Central Authority
134B. Functions of the State Central Authority
Division 3 -- Non-Western Australian adoptions
135. Arrangements with other States and Territories
136. Recognition of other Australian adoptions
136A. Recognition in Western Australia of an adoption in a Convention country of a child from that country
136B. Order of termination of relationship of child and parent in relation to a simple adoption
136C. Recognition in Western Australia of an adoption of a child from a Convention country to another Convention country
136D. Effect of recognition of adoption
136E. Recognition of a decision in a Convention country to convert a simple adoption
136F. Refusal to recognise an adoption or a decision to convert a simple adoption
136G. Evidential value of adoption compliance certificate
136H. Report on person who wishes to adopt a child in a Convention country
137. Arrangements with other countries
138. Recognition of non-Australian adoptions
138A. Recognition in Western Australia of an adoption in an overseas jurisdiction of a child from that jurisdiction
138B. Effect of recognition of adoption
138C. Evidential value of adoption certificate
138D. Report on person who wishes to adopt a child in an overseas jurisdiction
139. CEO to supervise children adopted outside Australia
Division 4 -- Financial assistance and payment for services
140. Financial assistance
141. Payment for services
Division 5 -- Rules and regulations
142. Rules
143. Regulations
Division 6 -- Repeal, transitional and savings, consequential amendments and review
144. Repeal of Adoption of Children Act 1896, transitional and savings
146. Review
SCHEDULE 1 -- Effective consent
SCHEDULE 2 -- Rights and responsibilities to be balanced in adoption plans
SCHEDULE 2A -- Aboriginal and Torres Strait Islander children -- placement for adoption principle
SCHEDULE 2B -- The Hague Convention
SCHEDULE 3 -- Transitional and savings
[Reprinted under the Reprints Act 1984 as at 5 March 2010]
Compilation table