Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Adoption Act 1994 and
includes the amendments made by the other written laws referred to in the
following table. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
9 of 1994 |
15 Apr 1994 |
s. 1 and 2:
15 Apr 1994; |
|
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment and Repeal (Family Court) Act 1997
Pt. 2 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette
25 Sep 1998 p. 5295) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 17 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Acts Repeal and Amendment (Births, Deaths and Marriages
Registration) Act 1998 s. 6 |
40 of 1998 |
30 Oct 1998 |
14 Apr 1999 (see s. 2 and Gazette
9 Apr 1999 p. 1433) |
|
Adoption Amendment Act 1999 |
7 of 1999 |
13 Apr 1999 |
Act other than Pt. 3: 13 Apr 1999 (see
s. 2(1)); |
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|
Reprint of the Adoption Act 1994 as at
2 Jan 2001 (includes amendments listed above) |
|||
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002
Pt. 3 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Adoption Amendment Act
(No. 2) 2003 7, 8 |
8 of 2003 |
1 Apr 2003 |
s. 1 and 2:
1 Apr 2003; |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 12 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
77 of 2003 |
15 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
|
Reprint 2: The Adoption Act 1994 as at
21 May 2004 (includes amendments listed above except those in the
Adoption Amendment Act (No. 2) 2003 s. 5(4) and (5), 42(1)
and (3), 44, 51, 53, 54, 56, 57, 59, 60 and 86(2), (4) and (5)) |
|||
|
Children and Community Services Act 2004
Sch. 2 cl. 2 9 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004
Pt. 2 Div. 2 10 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 79 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2 and Gazette
23 Dec 2005 p. 6244) |
|
Reprint 3: The Adoption Act 1994 as at
12 May 2006 (includes amendments listed above) |
|||
|
Legal Profession Act 2008
s. 638 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Medical Practitioners Act 2008 Sch. 3
cl. 1 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 23 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 18 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Statutes (Repeals and Minor Amendments) Act 2009
s. 17 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
|
Reprint 4: The Adoption Act 1994 as at
5 Mar 2010 (includes amendments listed above) |
|||
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Health Practitioner Regulation National Law (WA) Act
2010 Pt. 5 Div. 1 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette
1 Oct 2010 p. 5075-6) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 18 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
2 Repealed by the Australian Citizenship
(Transitionals and Consequentials) Act 2007 of the Commonwealth. Now
see the Australian Citizenship Act 2007 of the
Commonwealth.
3 The day fixed under s. 2(1) of the Adoption
Amendment Act (No. 2) 2003 is 1 June 2003: see
Gazette 20 May 2003 p. 1783.
4 The correct short title of this Act is the Commonwealth
Electoral Act 1918.
5 Repealed by the Public Employment (Consequential and
Transitional) Amendment Act 1999 of the Commonwealth. Now see the
Public Service Act 1999 of the Commonwealth.
6 Repealed by the Births, Deaths and Marriages Registration
Act 1998.
7 The Adoption Amendment Act (No. 2) 2003
s. 7(3) is a transitional provision that is of no further effect.
8 The Adoption Amendment Act (No. 2) 2003
s. 34(2) and 59(2) read as follows:
34. Section 65 amended and validation of certain adoption
orders
(2) An adoption order made or purported to be made by the Court before the
commencement of this Act is, and is taken always to have been, as valid and
effective as it would have been if the amendments made by subsection (1)
were in effect at the time the order was made or purported to be made.
59. Section 101 repealed and a
provision declaring information vetoes to be ineffective from the time of the
repeal
(2) An information veto —
(a) that was registered under Part 4
Division 4 of the Adoption Act 1994 before the veto cut off
day; and
(b) that has effect immediately before the day on which
subsection (1) comes into operation,
has no effect on and from the day on which subsection (1) comes into
operation.
9 The amendment in the Children and Community Services
Act 2004 Sch. 2 cl. 2(9) to s. 107(d) is not included because
the provision it sought to amend was replaced by the State Administrative
Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004
s. 12 before the amendment purported to come into operation.
10 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
corresponding officer 33(5)
Aboriginal
person 4(1)
access 4(1)
adoptee 4(1), 124(4)
adoption applications
committee 4(1)
adoption authority 4(1)
adoption
certificate 4(1)
adoption compliance certificate 4(1)
adoption
order 4(1)
adoption plan 4(1)
adoption service 4(1)
adoptive
parent 4(1)
application 26(1), 26A
Australian citizen 4(1)
birth
parent 4(1)
carer 4(1)
Central Authority 4(1)
CEO 4(1)
child 4(1),
75(7), 120(1), 136D(3), 138B(3)
commencement Sch. 3 cl. 1
commencement
day 146(4)
Commonwealth Central Authority 4(1)
competent
authority 4(1)
contact 4(1)
contact and mediation licensee 4(1)
contact
veto 4(1)
corresponding
officer 34(4)
country 4(1)
Court 4(1)
Department 4(1)
descendant 81(1)(a)
document 4(1)
effective
consent 4(1)
grandparent 81(1)(b)
Hague Convention 4(1)
identifying
information 4(1)
independent counsellor Sch. 1 cl.
1(2)
lawyer 4(1)
legal practitioner 4(1)
lineal
relative 4(1)
medical practitioner 4(1)
mother 4(1)
order of
adoption Sch. 3 cl. 1
overseas jurisdiction 4(1)
parentage testing
order 26A
parental responsibility 4(1)
particulars 78(3)
party to an
adoption 4(1)
private adoption
agency 4(1)
publish 120(1)
Register 92(3)
Registrar 4(1)
relative 4(1)
repealed
Act Sch. 3 cl. 1
representative 4(1)
revocation
period 4(1)
sibling 81(1)(c), 109(3)
State Central
Authority 4(1)
step-parent 4(1)
the assessment report 40(1)
the birth
parent 59(2)
Torres Strait Islander 4(1)
veto cut off
day 4(1)