Adoption Regulations 2016

Adoption Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Adoption Act 1988 .

C. WARNER

Governor

By Her Excellency's Command,

J. PETRUSMA

Minister for Human Services

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Adoption Regulations 2016 .

2.   Commencement

These regulations take effect on 27 December 2016.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

accepted applicant means a person named in a suitability application that is accepted by the Secretary or principal officer under regulation 15(1) ;

Act means the Adoption Act 1988 ;

assessment report means an assessment report on an accepted applicant prepared under regulation 17 ;

district registrar means a person appointed or authorised as a district registrar under section 16A of the Magistrates Court Act 1987 ;

prospective adoptive parent means an accepted applicant approved by the Secretary or a principal officer as a prospective adoptive parent under regulation 19(1)(a) ;

register of accepted applicants means the register of the names of accepted applicants kept by the Secretary or a principal officer under regulation 16;

report writer has the meaning given by regulation 17 ;

suitability application means an application for assessment of the suitability of a person to adopt a child made under regulation 13 or 14 .

(2)  In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1 .

PART 2 - Approved Agencies

4.   Prescribed information contained in applications for approval of adoption agencies

For the purpose of section 10(3)(a) of the Act, the prescribed information relating to a welfare organization to be included in an application for approval as an approved agency is as follows:

(a) the proposed operating name of the proposed approved agency, which must include the words "Adoption Agency";

(b) the proposed operating address and telephone number of the principal office and any other office or premises in Tasmania of the proposed approved agency;

(c) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person nominated to be the principal officer of the proposed approved agency;

(d) the proposed extent of employment of the principal officer by the proposed approved agency, including whether full-time employment or the expected number of hours each week;

(e) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person who is to be authorized to act for the principal officer during his or her absence;

(f) the names, qualifications and experience in adoption matters of any other person proposed to be employed by the proposed approved agency for the purposes of –

(i) the assessment of parties to adoption; and

(ii) the placement of a child in the care of persons with a view to those persons adopting the child; and

(iii) the counselling of parties to adoption;

(g) particulars of any special facilities to be operated by, or available to, the proposed approved agency;

(h) particulars of any medical, psychiatric, psychological or other consultative services available to the proposed approved agency;

(i) the estimated number of adoptions expected to be arranged by the proposed approved agency annually;

(j) particulars of any constitutional documents, rules and other documents of a similar nature of the proposed approved agency.

5.   Notification of changes to prescribed information

(1)  If any of the prescribed information referred to in regulation 4 changes in a material particular, the relevant welfare organization must forward to the Secretary written particulars of the change within 14 days after that change.

Penalty:  Fine not exceeding 20 penalty units.

(2)  An approved agency that changes the address of its principal office in Tasmania must cause notice of the change and the new address to be published in 3 newspapers circulating generally throughout Tasmania.

Penalty:  Fine not exceeding 20 penalty units.

6.   Principal officers and other staff of approved agencies

(1)  Subject to subregulation (2) , a principal officer must be a person who –

(a) is resident in Tasmania; and

(b) is employed full-time or substantially full-time; and

(c) has a tertiary degree or its equivalent in social work, psychology, counselling or another relevant field; and

(d) in the opinion of the Secretary, has training and experience in adoption administration and practice, or the ability to acquire that training and experience, to enable that person to satisfactorily carry out the duties of a principal officer.

(2)  The Secretary, in writing, may authorize an approved agency to appoint a principal officer on a part-time basis for a period specified by the Secretary if the Secretary is satisfied that the approved agency will be able to function effectively during that period.

(3)  An approved agency must employ, in addition to the principal officer, at least one person who has –

(a) not less than 2 years' experience in adoption practice; or

(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.

(4)  A person employed by an approved agency for the purposes referred to in regulation 4(f) , who is not a person referred to in subregulation (1) or (3) , is to have –

(a) not less than 2 years' experience in adoption practice; or

(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.

(5)  If the Secretary is of the opinion that an approved agency has insufficient staff with the qualifications specified in subregulations (3) and (4)  –

(a) the Secretary must notify the principal officer of the approved agency of that opinion; and

(b) the principal officer must take all reasonable steps to ensure that the approved agency employs sufficient staff who have those qualifications.

7.   Approved agencies to provide services and facilities

An approved agency must provide services, including counselling where appropriate, and facilities for the following:

(a) persons who request the approved agency to make arrangements for the adoption of a child;

(b) the taking and witnessing of consents to the adoption of a child;

(c) the counselling, before and after adoption, of parties to the adoption of a child;

(d) the assessment of a person's suitability for adopting a child;

(e) the selection of persons to have a child placed in their care with a view to adopting the child;

(f) arranging care of a child before that child is placed for adoption;

(g) the regular supervision of the care of a child until an adoption order is made in respect of the child;

(h) the presentation of applications for adoption orders to court and securing adoption orders;

(i) ensuring that all services relating to adoptions are confidential;

(j) ensuring the separate and secure storage of all records relating to adoptions.

Penalty:  Fine not exceeding 20 penalty units.

8.   Principal officers to keep records of adoptions

(1)  For the purposes of section 16(2) of the Act, a principal officer must keep records relating to –

(a) the adoption of a child; and

(b) any arrangements and negotiations by the approved agency for the placement of a child in the care of a prospective adoptive parent; and

(c) all payments made to, or by, the approved agency with respect to the adoption of a child and the placement of a child in the care of a prospective adoptive parent, the purpose of those payments and the details of any reimbursement of those payments to the approved agency.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A principal officer may at any time deliver to the Secretary records relating to a matter referred to under subregulation (1) .

(3)  An approved agency must not cause or permit the record of a child that it has placed for adoption to be lost or destroyed.

Penalty:  Fine not exceeding 20 penalty units.

9.   Inspection of records by Secretary

(1)  The Secretary, or an officer of the Department authorized in writing by the Secretary for the purpose, may request a principal officer in writing to –

(a) produce to, and make available for inspection by, the Secretary or the authorized officer records kept by the principal officer under regulation 8 ; and

(b) supply any information that the Secretary or the authorized officer may require relating to any arrangements and negotiations by the principal officer for the placement of children in the care of prospective adoptive parents.

(2)  A principal officer must comply with a request under subregulation (1) within 14 days after receipt of that request.

Penalty:  Fine not exceeding 20 penalty units.

10.   Approved agencies to forward returns to Secretary

(1)  A principal officer must prepare, in respect of the periods January to June and July to December in each year, a return in respect of the approved agency specifying –

(a) the number of children who were placed in the care of prospective adoptive parents; and

(b) the number of children who were the subject of adoption orders or interim orders.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A return under subregulation (1) must be forwarded to the Secretary within 30 days after the expiration of the period to which it relates.

Penalty:  Fine not exceeding 20 penalty units.

11.   Publication of approval of approved agencies

The Secretary must cause notice to be published in the Gazette and 3 newspapers circulating generally in Tasmania specifying the following information:

(a) the granting of an application under section 11 of the Act;

(b) the revocation or suspension of the approval of an approved agency under section 13 of the Act.

PART 3 - Adoption Process

Division 1 - Overview of Adoption Process

12.   Overview of adoption process

The steps to be followed by a person who wishes to adopt a child are as follows:

(a) the person applies under Division 2 to be assessed as a person suitable to adopt a child;

(b) if that application is accepted, that person becomes an accepted applicant and his or her name is recorded on the register of accepted applicants;

(c) after the accepted applicant's name is recorded on the register of accepted applicants, an assessment report is prepared under Division 3 in respect of that accepted applicant and a copy of that report is provided to the Secretary or relevant principal officer;

(d) after consideration of the assessment report, the Secretary or relevant principal officer approves, or refuses to approve, that accepted applicant as a prospective adoptive parent under Division 4 ;

(e) the Secretary or relevant principal officer then places a child who is available for adoption with the prospective adoptive parent, with a view to that prospective adoptive parent adopting the child;

(f) the court makes an adoption order for the adoption of the child by the prospective adoptive parent with whom the child was placed.

Division 2 - Assessment of Person's Suitability to Adopt

13.   Applications for assessment of suitability to adopt

(1)  A person may apply to the Secretary or a principal officer for assessment of the suitability of a person to adopt a child.

(2)  An application for assessment of the suitability of a person to adopt a child is to –

(a) be in writing; and

(b) be in accordance with Form 1 ; and

(c) be accompanied by a medical examination report in accordance with Form 2 ; and

(d) include any other information that the Secretary or a principal officer, either generally or in a particular case, may require.

14.   Applications for assessment of suitability to adopt by natural relative, &c.

(1)  The spouse of a natural parent of a child, the spouse of an adoptive parent of a child or a relative of a child may apply to the Secretary for assessment of the suitability of the spouse or natural relative to adopt the child.

(2)  An application for assessment of the suitability of a spouse or relative to adopt a child is to be –

(a) in writing; and

(b) in accordance with Form 1 .

15.   Acceptance of suitability applications

(1)  The Secretary or a principal officer may accept a suitability application if he or she is satisfied that the person referred to in the suitability application fulfils the following criteria:

(a) in the case of a suitability application made by two persons, that those persons are –

(i) married; or

(ii) parties to a significant relationship which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; or

(iii) residing together in a stable continuous relationship as mentioned in section 20(2) of the Act;

(b) that –

(i) each person so named is resident in Tasmania; and

(ii) each person so named is a permanent resident of Australia; and

(iii) each person so named is an Australian citizen or in the case of a suitability application made by two persons, that one of those persons is an Australian citizen;

(c) that each person so named is in good physical and mental health and whether or not it is reasonable to expect that that health will be maintained;

(d) that each person so named has not been sentenced to a term of imprisonment for a criminal conviction within a period of 5 years preceding the application;

(e) that each person so named has not been sentenced to a term of imprisonment of 5 years or more at any time;

(f) that each person so named has not been convicted of any offence against a child;

(g) that each person so named is not undertaking treatment for infertility;

(h) that a female person so named is not pregnant.

(2)  The Secretary or a principal officer is to inform in writing a person named in a suitability application that the suitability application –

(a) is accepted and the person will have his or her name recorded on the register of accepted applicants; or

(b) is not accepted, stating the reasons for the non-acceptance.

16.   Register of accepted applicants

(1)  The Secretary and each principal officer must each keep a register of the names of all accepted applicants.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The Secretary or a principal officer must –

(a) ensure that the register of accepted applicants is kept in an up-to-date and accurate form; and

(b) remove from the register of accepted applicants the name of an accepted applicant if required to do so under these regulations; and

(c) notify in writing an accepted applicant whose name is removed from the register of accepted applicants of that removal, stating the reason for that removal.

Penalty:  Fine not exceeding 20 penalty units.

(3)  An accepted applicant is not entitled to have his or her name recorded on the register of accepted applicants of more than one approved agency at the same time.

Division 3 - Assessment and Approval of Accepted Applicants

17.   Preparation of assessment reports

(1)  In this regulation –

report writer means –

(a) in the case of an accepted applicant recorded on the register of accepted applicants maintained by the Secretary, an officer of the Department; or

(b) in the case of an accepted applicant recorded on the register of accepted applicants maintained by the principal officer of an approved agency, the principal officer or a person on the staff of that approved agency who has one of the qualifications referred to in regulation 6(3) .

(2)  A report writer must prepare an assessment report on an accepted applicant within 12 months after the accepted applicant's name is recorded on the register of accepted applicants.

Penalty:  Fine not exceeding 20 penalty units.

(3)  An assessment report is to include –

(a) whether or not the accepted applicant satisfies the prescribed requirements under regulation 18 ; and

(b) any additional information concerning the accepted applicant that the report writer considers relevant; and

(c) a statement relating to the suitability of the accepted applicant to adopt a child, either generally or in a particular case; and

(d) the capacity of the accepted applicant to care for a child; and

(e) the capacity of the accepted applicant to meet the physical, emotional, educational and developmental needs of a child in an appropriate and sustained manner; and

(f) if an accepted applicant wishes to have a child with special needs, or of a particular age or cultural background placed in their care with a view to adoption, the capacity of the accepted applicant to meet the particular needs of such a child; and

(g) any other information regarding any other matter which the report writer considers relevant to –

(i) the assessment of the accepted applicant's suitability to adopt a child; and

(ii) the suitability of the accepted applicant to have a child placed with him or her with a view to the adoption of that child.

(4)  A report writer must provide a copy of an assessment report at the time that it is prepared to the accepted applicant in respect of whom the assessment report is made.

Penalty:  Fine not exceeding 20 penalty units.

(5)  Within 7 days after receiving a copy of an assessment report under subregulation (4) , an accepted applicant may provide written comments on any matter contained in the assessment report to the report writer.

(6)  A report writer must provide the Secretary or relevant principal officer with a copy of the assessment report and any written comments provided under subregulation (5) within 21 days after –

(a) he or she receives the written comments; or

(b) the assessment report is provided to the accepted applicant –

whichever first occurs.

Penalty:  Fine not exceeding 20 penalty units.

18.   Prescribed requirements

For the purpose of section 24(1)(a) of the Act, the prescribed requirements that a prospective adoptive parent is to satisfy are as follows:

(a) that the prospective adoptive parent is an accepted applicant;

(b) that the prospective adoptive parent is of good character and is a suitable person to be entrusted with the care of a child;

(c) that the motivation of the prospective adoptive parent for adoption of a child indicates his or her awareness of a child's needs and that his or her expectations for a child are likely to enhance a child's future development;

(d) that a prospective adoptive parent shows an understanding of the needs and rights of the natural parents who relinquish a child for adoption;

(e) that a prospective adoptive parent has the capacity to accommodate and promote the interests and welfare of a child of a particular age and gender;

(f) that a prospective adoptive parent has the capacity and commitment to assist a child to acquire knowledge of his or her child's adoptive status and origins, including the passing on of background information concerning the child;

(g) that, in the case of the approval of a prospective adoptive parent for placement of a non-citizen child or a child of a different cultural background (other than a prospective adoptive parent who is a natural relative of such a child), the prospective adoptive parent has an understanding of, and interest in, the culture of the child's background and the capacity and commitment to facilitate maintenance of positive links with that culture.

Division 4 - Approval of Prospective Adoptive Parents

19.   Approval of prospective adoptive parents

(1)  If the Secretary or a principal officer receives an assessment report under regulation 17(6) , the Secretary or principal officer may undertake any further enquiries that he or she considers necessary to determine the suitability of the accepted applicant referred to in the assessment report to be an adoptive parent and must –

(a) approve that accepted applicant as a prospective adoptive parent; or

(b) refuse to approve that accepted applicant as a prospective adoptive parent.

(2)  For the purpose of subregulation (1) , the Secretary or principal officer may refer the assessment report, together with any other relevant material, to a panel of not less than 3 persons approved by the Minister as having suitable qualifications and experience in child welfare, adoption practice and related matters.

(3)  After considering the assessment report, the panel referred to in subregulation (2) may make a recommendation to the Secretary or a principal officer concerning the suitability or otherwise of the accepted applicant referred to in the assessment report to be an adoptive parent.

(4)  A report writer must not be a member of the panel considering an assessment report that he or she has prepared.

(5)  The Secretary or a principal officer is to –

(a) record on the register of accepted applicants an approval or refusal made under subregulation (1) ; and

(b) inform the accepted applicant in writing that he or she is –

(i) approved as a prospective adoptive parent; or

(ii) refused approval as a prospective adoptive parent, stating the reasons for the refusal.

20.   Revocation of approval as prospective adoptive parents

The Secretary or relevant principal officer may withdraw an approval under section 19(1)(a) and remove the record of the approval from the register of accepted applicants if –

(a) the prospective adoptive parent fails to notify the Secretary or relevant principal officer of a change in his or her address; or

(b) the prospective adoptive parent fails to notify the Secretary or relevant principal officer that he or she no longer resides in Tasmania; or

(c) the Secretary or relevant principal officer is satisfied that the prospective adoptive parent no longer complies with a requirement specified under regulation 15 .

21.   Term of approval as prospective adoptive parents

(1)  Subject to regulations 20 and 22 , an approval of a person as a prospective adoptive parent expires 3 years after the day on which the approval is granted.

(2)  On expiry of an approval of a person as a prospective adoptive parent the Secretary or a principal officer must –

(a) remove the record of the approval from the register of accepted applicants; and

(b) notify the person in writing of that fact.

22.   Extension of term of approval as prospective adoptive parents

(1)  A prospective adoptive parent, up to and including 30 days before the day on which his or her approval expires under regulation 21(1) or an extension of his or her approval expires under subregulation (2) , may apply in writing to the Secretary or a principal officer for an extension, or further extension, of his or her approval as a prospective adoptive parent.

(2)  On receipt of an application for an extension under subregulation (1) and subject to a review of the prospective adoptive parent's continuing suitability to adopt a child, the Secretary or principal officer may extend the approval of the prospective adoptive parent for a period not exceeding 2 years.

(3)  A prospective adoptive parent may make no more than 3 applications for extension under this regulation.

PART 4 - Consent to Adoptions

23.   Prescribed forms of consent

(1)  For the purposes of section 30 of the Act, the prescribed form of consent to the adoption of a child is –

(a) Form 5 , in the case of consent other than under paragraph (b) or (c) ; or

(b) Form 6 , in the case of consent to the adoption of a child by –

(i) a spouse of a natural parent, or of an adoptive parent, of the child; or

(ii) a natural relative of the child; or

(iii) 2 persons, one of whom is a natural relative of the child; or

(c) Form 7 , in the case of consent given by the Secretary under section 70 of the Children, Young Persons and Their Families Act 1997 to the adoption of a child who is under the guardianship of the Secretary.

(2)  For the purposes of section 32 of the Act, the prescribed form of consent given by the guardian or delegate of the guardian to the adoption of a child who is a non-citizen child is Form 7 .

24.   Taking and witnessing of consents

(1)  For the purpose of section 30(1)(a)(i) of the Act, an approved counsellor is a prescribed person.

(2)  For the purpose of section 30(1)(b) of the Act, the prescribed statement by a witness is contained in Form 5 or 6 .

(3)  For the purpose of section 30(2)(b) of the Act, the prescribed statement by a witness is contained in Form 5 or 6 .

25.   Information to be given to consenting persons

For the purpose of section 31(1)(b) of the Act, the prescribed form is a document containing information on the following matters:

(a) the nature of adoption, the effect of an adoption order and the effect of signing a consent to adoption;

(b) the alternatives to adoption and the availability of relevant services and support;

(c) the right of the consenting person to express wishes and to be notified of certain matters in respect of adoption arrangements for the child;

(d) the right of the consenting person to have reasonable access to the child throughout the revocation period referred to in section 35(1) of the Act;

(e) the right of the consenting person to obtain a copy of the child's birth certificate before the making of an adoption order;

(f) the provisions of the Act relating to revocation of consent;

(g) the provisions of section 90 of the Act relating to the Adoption Information Register.

26.   Acceptance of consents in accordance with Form 5

(1)  If consent to the adoption of a child in accordance with Form 5 is certified by a principal officer or a person employed by an approved agency under regulation 6(3) and the consent authorizes the principal officer to make arrangements for the adoption of the child, the principal officer must, within 14 days after the signing of the consent –

(a) forward the consent by registered post to the Secretary for acceptance of the guardianship of the child; and

(b) inform the Secretary as to whether or not the approved agency is willing to make those arrangements.

(2)  If the Secretary receives consent under subregulation (1)(a) , the Secretary must –

(a) if he or she is satisfied that there is no likely impediment to the adoption of the child named on the consent, signify acceptance of guardianship under section 40(2)(c) of the Act; and

(b) notify that acceptance of guardianship to the principal officer by registered post.

(3)  If the Secretary is not willing to signify acceptance of the guardianship of a child, the Secretary must give written notification of that fact to the person giving the consent and, where the case so requires, the principal officer.

27.   Applications to dispense with consent

An application to dispense with the consent of a person to the adoption of a child is to be in accordance with Form 8 .

PART 5 - Placement of Child

28.   Requirements for placement of child

The Secretary or a principal officer must not place, arrange or approve the placement of a child in the care of a prospective adoptive parent with a view to his or her adoption of the child unless, at the time of placement –

(a) the prospective adoptive parent continues to satisfy the requirements under Part 3 ; and

(b) if the prospective adoptive parent is female, she is not pregnant; and

(c) if another child has already been placed in the care of the prospective adoptive parent with a view to adoption by him or her and the adoption of that other child has been finalised.

29.   Placement of child with prospective adoptive parents

(1)  The Secretary or a principal officer is to place a child who is available for adoption with a prospective adoptive parent who, in accordance with the Act, is eligible to have a child placed with him or her for the purposes of adoption and who, in the opinion of the Secretary or principal officer –

(a) is, of the prospective adoptive parents, best able to meet the needs of the child; and

(b) so far as is practicable, meet the wishes of the natural parents.

(2)  Arrangements or negotiations with respect to the placement of a child with a prospective adoptive parent with a view to his or her adoption of the child are not to be completed by a principal officer except in consultation with one or more employees qualified as mentioned in regulation 6 .

(3)  In all matters relating to the placement of a child with a view to adoption, the Secretary or a principal officer must have regard to sections 8 and 17 of the Act.

30.   Duties where no placement of child

If the Secretary or a principal officer is holding a consent to the adoption of a child and the child is not placed in the care of a prospective adoptive parent with a view to adoption within 6 months after the day on which the consent is signed, or the child is not the subject of an adoption order within 2 years after that day, the Secretary or principal officer must –

(a) endeavour to inform each person who so consented of the reasons for the delay and give him or her an opinion concerning the likelihood of an adoption order being made; and

(b) give each such person who requests it further information as to the progress of arrangements for the adoption of the child.

PART 6 - Financial Assistance

31.   Child of a prescribed class

For the purposes of section 92 of the Act, a child is of a prescribed class –

(a) if the child has significant long-term needs involving substantial costs in providing necessary care to him or her in respect of one or more of the following:

(i) his or her physical health, mental health or development;

(ii) a recognised high risk to his or her physical health, mental health or development;

(iii) emotional, behavioural or social factors affecting him or her; or

(b) if –

(i) the child has been placed in the care of foster-parents and has developed significant and enduring bonds with those foster-parents; and

(ii) the foster-parents wish to adopt the child; and

(iii) financial or other assistance will facilitate proceedings for the adoption of the child by the foster-parents which may not otherwise eventuate.

PART 7 - Adoption Orders

32.   Applications for adoption orders

(1)  An application for an adoption order is to be in accordance with Form 9 .

(2)  The Secretary or a principal officer may apply to a court for an adoption order in respect of a child on behalf of a person seeking to adopt the child if –

(a) the person has provided him or her with written authorization for that application in accordance with Part A of Form 9 ; and

(b) the Secretary or principal officer is satisfied that the requirements of the Act have been complied with.

33.   Documents to be filed with applications for adoption orders

(1)  For the purposes of section 24(1) of the Act, a report by the Secretary or a principal officer concerning the proposed adoption of a child by a prospective adoptive parent is to contain the following information:

(a) the circumstances of the proposed adoption;

(b) the eligibility and suitability of the prospective adoptive parent on whose behalf the application is made to adopt the child;

(c) any wishes expressed by the child or a natural parent of the child at the time when consent to the adoption was given;

(d) any arrangements agreed between a natural parent of the child and the prospective adoptive parent for access to the child or for information about the child.

(2)  For the purposes of section 24(4) of the Act, the form of a report by a medical practitioner as to the physical and mental condition of a child is to be in accordance with –

(a) Form 3 , if the child to whom the report relates has not attained the age of 6 months; or

(b) Form 4 , if the child to whom the report relates has attained the age of 6 months or more.

34.   Notification of applications for adoption orders

For the purposes of section 25 of the Act, notification of an application for an adoption order is to be in accordance with Form 10 and, unless the court dispenses with the giving of notice under section 25(3) of the Act, is to be delivered in person or sent by registered post addressed to a person specified in section 25(1)(a) , (b) or (c) of the Act.

35.   Adoption orders, certificates of adoption and interim orders

(1)  An adoption order is to be in accordance with Form 11 .

(2)  A certificate of adoption is to be in accordance with Form 12 .

(3)  For the purposes of section 56 of the Act, an interim order is to be in accordance with Form 13 .

(4)  If an adoption order is not made, the court must include in the envelope referred to in regulation 36 a statement of the court's reasons for refusing to make the order.

36.   Supplementary procedures

(1)  On completion of the hearing of an application for an adoption order, the court must –

(a) seal in an envelope the application, report and other documents that contain any information as to the identity of the child and the natural parents or guardians of the child; and

(b) cause that envelope to be delivered to the Secretary.

(2)  The Secretary is to ensure the safe-keeping of an envelope delivered to him or her under subregulation (1) .

37.   Memorandums of adoption orders, &c.

(1)  For the purpose of section 62 of the Act, a memorandum relating to the making of an adoption order or an order for the discharge of an adoption order is to be in accordance with Form 14 .

(2)  For the purposes of section 66 of the Act, a memorandum by the Registrar relating to an adoption order or an order for the discharge of an adoption order is to be in accordance with Form 15 .

38.   Registering officers in other States or in Territories

For the purpose of section 66 of the Act, the following officers are prescribed as officers having functions in relation to the registration of births in the relevant State or Territory:

(a) Registrar of Births, Deaths and Marriages in New South Wales;

(b) Registrar of Births, Deaths and Marriages in Victoria;

(c) Registrar of Births, Deaths and Marriages in South Australia;

(d) Registrar of Births, Deaths and Marriages in Western Australia;

(e) Registrar-General in Queensland;

(f) Registrar-General in the Australian Capital Territory;

(g) Registrar of Births, Deaths and Marriages in the Northern Territory;

(h) Registrar of Births, Deaths and Marriages in Norfolk Island.

PART 8 - Miscellaneous

39.   Applications for, and certificates as to, counselling, &c.

For the purposes of section 80 of the Act –

(a) an application to a relevant authority for a certificate to the effect that the requirements of that section have been complied with is to be in accordance with Form 16 ; and

(b) the certificate to the effect that the requirements of that section have been complied with is to be in accordance with Form 17 .

40.   Fees for adoption services

(1)  The fee payable by a person wishing to adopt a child, for services provided to or on behalf of that person, is the fee set out in Part 1 of Schedule 2 .

(2)  The fee payable by a person for an application under Part VI of the Act or for information given to a person under that Part is the fee set out in Part 2 of Schedule 2 .

41.   Exemptions from payment of fees

The Secretary or a principal officer, on his or her own motion, may at any time exempt a person from liability to pay all or part of a fee specified under regulation 40 if the Secretary or principal officer is satisfied –

(a) that the person is unable to pay all or part of the fee; and

(b) that payment of all or part of the fee would cause the person unreasonable hardship.

SCHEDULE 1 - Forms

Form 1 - Application for assessment of suitability to adopt child

Regulation 13(2)(b) and  14(2)

Form 2 - Medical Examination Report

Regulation 13(2)(c)

Form 3 - Report on physical and mental condition of child aged less than 6 months who is to be adopted

Regulation 33(2)(a)

Form 4 - Report on physical and mental condition of child aged 6 months or more who is to be adopted

Regulation 33(2)(b)

Form 5 - General consent for adoption of child

Regulation 23(1)(a) , regulation 24(2) and (3) and regulation 26(1)

Form 6 - Consent in favour of spouse of parent of child or relative of child

Regulation 23(1)(b) and regulation 24(2) and (3)

Form 7 - Consent given by Secretary or guardian

Regulation 23(1)(c) and (2)

Form 8 - Application to dispense with consent of person to adoption of a child

Regulation 27

Form 9 - Application for an adoption order

Regulation 32(1) and (2)

Form 10 - Notice of application for adoption order under section 25 of Act

Regulation 34

Form 11 - Adoption order

Regulation 35(1)

Form 12 - Certificate of adoption

Regulation 35(2)

Form 13 - Interim order

Regulation 35(3)

Form 14 - Memorandum to the Registrar relating to adoption order or order for discharge of adoption order

Regulation 37(1)

Form 15 - Memorandum by Registrar relating to adoption order or order for discharge of adoption order

Regulation 37(2)

Form 16 - Application under section 80 of Act

Regulation 39(a)

Form 17 - Certificate pursuant to section 80 of Act

Regulation 39(b)

SCHEDULE 2 - Fees

Regulation 40(1) and (2)

PART 1 - Fees for services

PART 2 - Fees for applications and information

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 December 2016

These regulations are administered in the Department of Health and Human Services.