Western Australian Numbered Acts Western Australian Numbered Acts Section 90 is
repealed and the following section is inserted instead —
“
90. If adoptee cannot be found
(1) If an adoptee who
is 18 or more years of age, cannot be found or contacted after enquiries which
the Director-General thinks are sufficient, any —
(a)
grandparent of the adoptee;
(b)
descendant of the adoptee; or
(c)
sibling of the adoptee,
who is 18 or more
years of age has the right to have access to the registration of the
adoptee’s birth.
(2)
Subsection (1) is subject to —
(a)
section 82(2);
(b)
production to the Registrar, of the authority under section 82(2) to
allow access to the information; and
(c) the
Births, Deaths and Marriages Registration Act 1998 in relation to the
manner of application for access to information held by the Registrar.
(3) The production to
the Registrar of the authority referred to in subsection (2)(b) is to be
treated as an adequate reason, for the purposes of section 54 or 55 of
the Births, Deaths and Marriages Registration Act 1998 , for the
Registrar —
(a) to
allow a person access to the Register;
(b) to
provide a person with information extracted from the Register; or
(c) to
search for information in the Register,
within the meaning of
that Act.
(4) If an adoptee who
is 18 or more years of age, cannot be found or contacted after enquiries which
the Director-General thinks are sufficient, any —
(a)
grandparent of the adoptee;
(b)
descendant of the adoptee; or
(c)
sibling of the adoptee,
who is 18 or more
years of age has the right to have access to the record of proceedings in a
court in relation to an adoption or a proposed adoption.
(5)
Subsection (4) is subject to —
(a)
section 82(2);
(b) the
production to the registrar of the court or other similar officer, of the
authority under section 82(2) to allow access to the information;
(c) the
requirements of the relevant court under any law or rule of practice relating
to inspection of and release of information generally from its record of
proceedings; and
(d) any
court order in relation to exclusion of persons from the hearing of the
proceedings.
”.