{"id":"adoption-general-regulations-2018","name":"Adoption (General) Regulations 2018","slug":"adoption-general-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235193,"registerId":"sa-adoption-general-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adoption (General) Regulations 2018","content":"South Australia\nAdoption (General) Regulations 2018\nunder the Adoption Act 1988\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Aboriginal and Torres Strait Islander Child Placement Principle\n4\tAboriginal and Torres Strait Islander Child Placement Principle\nPart 3—Consent to adoption\n5\tCounselling\n6\tWitnessing\nPart 4—Prospective Adoptive Parents Register\n7\tProspective Adoptive Parents Register\n8\tExpressions of interest and applications for registration\n9\tMinimum requirements for applicants for registration\n10\tAssessment report\n11\tRegistration\n12\tTransfer of registration from another State or Territory\n13\tConversion of registration into joint registration\n14\tDuration and renewal of registration\n15\tCancellation of registration\n16\tAdditional requirements relating to applications\nPart 5—Review\n17\tReview by Tribunal\n18\tPowers of Tribunal\nPart 6—Selection of applicants for adoption orders\n19\tOrder in which registered persons selected to be applicants for adoption orders\nPart 7—Proceedings under Act\n20\tLegal practitioners to comply with this regulation when representing party under 18 years\n21\tDischarge of adoption orders—investigations\nPart 8—Register of births\n22\tCourt to notify Registrar of adoption order etc\n23\tInformation to be disclosed in extract from register of births\nPart 9—Miscellaneous\n24\tForms\n24A\tPayment of fees etc\n25\tOffence to make false or misleading statement\n26\tEvidentiary\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Adoption (General) Regulations 2018.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Adoption Act 1988;\nadoption agency means a person or organisation approved by the Chief Executive under section 29 of the Act;\nchild with special needs means a child who has, or is likely to have, an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments;\noverseas subregister means the subregister of the register relating to children who are resident in a country outside Australia;\nregister means the Prospective Adoptive Parents Register kept under Part 4;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of these regulations, a reference to a person being convicted of an offence will be taken to include a reference to—\n\t(a)\ta finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of an offence are established (whether or not the person was found not guilty of the offence, or was found to be mentally unfit to stand trial, in accordance with Division 2, 3 or 3A of that Part); or\n\t(b)\tany finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).\nPart 2—Aboriginal and Torres Strait Islander Child Placement Principle\n4—Aboriginal and Torres Strait Islander Child Placement Principle\nFor the purposes of the Act, the Aboriginal and Torres Strait Islander Child Placement Principle is as follows:\n\t(a)\tif an order for adoption of an Aboriginal or Torres Strait Islander child is to be made under the Act or an Aboriginal or Torres Strait Islander child is to be placed for adoption under the Act, if reasonably practicable, the order should be made in favour of, or the child should be placed with, 1 of the following persons (in order of priority):\n\t(i)\ta member of the child's family;\n\t(ii)\ta member of the child's community who has a relationship of responsibility for the child;\n\t(iii)\ta member of the child's community;\n\t(iv)\ta person of Aboriginal or Torres Strait Islander cultural background (as the case requires),\n(determined in accordance with Aboriginal or Torres Strait Islander customary law);\n\t(b)\tif—\n\t(i)\tan order for adoption of an Aboriginal or Torres Strait Islander child cannot be made in favour of; or\n\t(ii)\tan Aboriginal or Torres Strait Islander child cannot be placed for adoption with,\n(as the case may be) a person referred to in paragraph (a), or it is not in the best interests of the child to do so, the child should be given the opportunity for continuing contact with their family, community or communities and culture (determined in accordance with Aboriginal or Torres Strait Islander customary law).\nPart 3—Consent to adoption\n5—Counselling\n\t(1)\tAn officer authorised by the Chief Executive for the purposes of section 15(5)(b) or 16(2)(c) of the Act to counsel a person before that person consents to an adoption—\n\t(a)\tmust give to that person an information brochure approved by the Chief Executive; and\n\t(b)\tmust explain the information contained in the brochure to the person and must be satisfied that the person understands that information; and\n\t(c)\tmust assist the person in considering the application of that information to the particular circumstances of the person; and\n\t(d)\tmust, in the case of an adoption of an Aboriginal or Torres Strait Islander child, ensure that the person is aware of the availability of further specialised counselling from Aboriginal or Torres Strait Islander organisations and help the person to obtain such counselling if the person so wishes.\n\t(2)\tThe information brochure referred to in subregulation (1) must include information relating to—\n\t(a)\tthe implications of adoption and the consequences of consenting to adoption; and\n\t(b)\tthe procedures and time limits for revocation of consent to adoption; and\n\t(c)\tin the case of a brochure to be given to a parent or guardian of a child consenting to adoption of the child—\n\t(i)\tcounselling and other support services available to parents or guardians; and\n\t(ii)\tarrangements that may be made for care of a child as alternatives to adoption; and\n\t(d)\tin the case of a brochure to be given to a child consenting to adoption—counselling and other support services available to children.\n6—Witnessing\n\t(1)\tFor the purposes of sections 15(5)(b) and 16(2)(b) of the Act—\n\t(a)\tthe witness to a consent to adoption must be a person approved by the Chief Executive but cannot be the person who, for the purposes of the Act, counselled the person giving consent; and\n\t(b)\tthe witness must, before witnessing a consent to adoption, be satisfied—\n\t(i)\tthat the person giving consent understands the nature of the instrument of consent; and\n\t(ii)\tthat the instrument of consent has been endorsed by a counsellor in accordance with the Act.\n\t(2)\tA witness to an instrument of consent to adoption must, as soon as practicable after the execution of the instrument—\n\t(a)\tforward a copy of the instrument to the Chief Executive; and\n\t(b)\treturn the instrument to the person giving consent.\nPart 4—Prospective Adoptive Parents Register\n7—Prospective Adoptive Parents Register\n\t(1)\tThe Prospective Adoptive Parents Register continues in existence.\n\t(2)\tThe register may be divided into subregisters, each relating to children of a particular kind.\n\t(3)\tA subregister may, for example, relate to children of a particular age group, sex or racial origin or to children with special needs.\n\t(4)\tSubject to this Part, a subregister will contain the names of persons registered as prospective adoptive parents in the order in which those persons' applications for registration on the subregister were approved by the Chief Executive under regulation 11 in respect of adopting a child of the kind to which the subregister relates.\n\t(5)\tIf—\n\t(a)\ta person is registered on a particular subregister; and\n\t(b)\twhile so registered, the person's application for registration on another subregister is approved by the Chief Executive under regulation 11,\nthe latter registration will be taken to have occurred at the same time as that of the former.\n\t(6)\tThe register is not available for public inspection.\n8—Expressions of interest and applications for registration\n\t(1)\tA person may, by notice in writing to the Chief Executive, express an interest in adopting a child.\n\t(2)\tAn expression of interest under subregulation (1) must specify the kind or kinds of child that the person is interested in adopting.\n\t(3)\tThe Chief Executive may, from time to time, invite persons who have expressed an interest in adopting a child of a particular kind to apply for registration on the subregister relating to children of that kind.\n\t(4)\tThe Chief Executive will not invite a person to apply for registration if satisfied that the person does not meet the minimum requirements for applicants for registration set out in regulation 9.\n\t(5)\tSubject to subregulation (6), an application for registration cannot be made except in accordance with an invitation given under this regulation.\n\t(6)\tWhere a person who is living together with another person in a qualifying relationship proposes to make an application for registration, the application must be made jointly with that other person.\n9—Minimum requirements for applicants for registration\n\t(1)\tA person cannot apply for registration as a prospective adoptive parent unless—\n\t(a)\tthe person is resident or domiciled in the State; and\n\t(b)\tthe person is a permanent resident of Australia; and\n\t(c)\tthe person is an Australian citizen or, in the case of a joint application for registration, at least 1 of the applicants is an Australian citizen.\n\t(2)\tA person cannot apply for registration as a prospective adoptive parent if—\n\t(a)\tthe person has previously been so registered (whether under these regulations or under the law of another State or a Territory of the Commonwealth) and that registration was cancelled on the ground that it was improperly obtained; or\n\t(b)\tthe person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or\n\t(c)\twithout limiting paragraph (b), the person has, as an adult, been convicted of—\n\t(i)\tan offence against section 14 of the Criminal Law Consolidation Act 1935 (criminal neglect); or\n\t(ii)\tany other offence involving violence towards a child, abuse of a child or abduction of a child.\n\t(3)\tA person cannot, except with the approval of the Chief Executive, apply for registration as a prospective adoptive parent if a child or young person has, at any time, been removed from the care or custody of the person under the Children and Young People (Safety) Act 2017, the Children's Protection Act 1993 or any other similar law of this State or another State or a Territory of the Commonwealth.\n\t(4)\tA person cannot apply for registration on a subregister relating to children who are resident in a country outside Australia unless the person also complies with the minimum requirements of that country for adoption of a child by a person resident in Australia.\n10—Assessment report\n\t(1)\tThe Chief Executive must cause an assessment report to be prepared with respect to an application for registration.\n\t(2)\tHowever, an assessment report need not be prepared if—\n\t(a)\tthe applicant is not resident in this State while the assessment is being carried out; or\n\t(b)\tin the opinion of the Chief Executive, the assessment cannot be completed due to—\n\t(i)\tthe inability to adequately assess the applicant in the applicant's usual home environment; or\n\t(ii)\tthe failure of the applicant to participate in workshops, seminars or interviews or to cooperate in the assessment process.\n\t(3)\tThe assessment report must contain an assessment of the suitability of the applicant to adopt a child of the kind in relation to which registration is sought and the capacity of the applicant to care adequately for such a child.\n\t(4)\tAn assessment report must be prepared having regard to the following factors:\n\t(a)\tthe parenting skills or potential parenting skills of the applicant;\n\t(b)\tthe capacity of the applicant to provide, throughout the child's childhood, the standard of care necessary to safeguard and promote the physical, intellectual and emotional welfare of a child of the kind in relation to which registration is sought;\n\t(c)\tif the applicant has the care of any other child—\n\t(i)\tthe effect that may have on the best interests, rights and welfare of an adopted child or on the applicant's ability to care for an adopted child; and\n\t(ii)\tthe impact that adoption of a child by the applicant may have on that other child;\n\t(d)\tthe emotional warmth, maturity and stability of the applicant;\n\t(e)\tthe physical and mental health of the applicant;\n\t(f)\tthe capacity of the applicant to deal with difficult or stressful situations and the familial, social and other support available to the applicant;\n\t(g)\tin the case of a joint application—the length and quality of the relationship between the applicants;\n\t(h)\tthe economic position and financial management skills of the applicant;\n\t(i)\tthe criminal record (if any) of the applicant;\n\t(j)\tthe nature of the childhood experiences of the applicant;\n\t(k)\tif the applicant is infertile—the attitude of the applicant to that infertility or, in the case of a joint application, the attitude of each applicant to that infertility;\n\t(l)\tthe attitude of the applicant to children and in particular to the discipline of children;\n\t(m)\tthe attitude of the applicant to the status of an adopted child, to the birth parents of an adopted child and to an adopted child's access to information about the child's origin;\n\t(n)\tthe attitude to adoption of a child by the applicant of—\n\t(i)\tany children of the applicant; and\n\t(ii)\tany other parent or guardian of any children of the applicant; and\n\t(iii)\tany other person (who is a relative of the applicant, a member of the applicant's household or a close acquaintance of the applicant) with whom the child, if adopted by the applicant, would be likely to come into regular contact;\n\t(o)\tthe motivation of the applicant to adopt a child;\n\t(p)\tif the applicant has expressed an interest in adopting a child with special needs—the capacity of the applicant to provide the standard of care required to fulfil the needs of such a child throughout the child's childhood and, if it is likely to be necessary because of the child's special needs, into adulthood;\n\t(q)\tif the applicant has expressed an interest in adopting a child of a particular racial origin—the applicant's understanding of, and interest in, people of that racial origin and the applicant's attitude towards the retention by such a child of the child's cultural heritage.\n\t(5)\tA person preparing an assessment report—\n\t(a)\tmust have regard to any relevant information relating to the applicant held by the administrative unit that is, under a Minister, responsible for the administration of the Children and Young People (Safety) Act 2017; and\n\t(b)\tmay have regard to any other factor that the person considers relevant in the particular circumstances.\n\t(6)\tThe Chief Executive may rely on an assessment report prepared by an adoption agency in relation to an application if satisfied that the agency, in preparing that assessment report, has complied with the requirements of this regulation (and in such a case the Chief Executive is not obliged to cause any other assessment report to be prepared in relation to the application).\n11—Registration\n\t(1)\tA decision on an application must be made within 18 months of the date on which the application was lodged.\n\t(2)\tIf, after considering an assessment report prepared in relation to an application, the Chief Executive is satisfied that the applicant or, in the case of a joint application, each applicant is a suitable person to adopt a child of the kind in relation to which registration is sought, the Chief Executive will register the applicant or applicants on the appropriate subregister or subregisters.\n\t(3)\tIf an assessment report has not been prepared in relation to an application for the reasons set out in regulation 10(2), the application may be rejected.\n\t(4)\tBefore the Chief Executive rejects an application, the applicant must be given an opportunity to make representations on the matter to the Chief Executive.\n\t(5)\tWritten notice of the Chief Executive's decision under this regulation, together with a copy of the relevant assessment report, must be given to the applicant.\n\t(6)\tIf the Chief Executive rejects an application, the notice of that decision must inform the applicant of the right to seek a review of the decision and must set out the procedures and time limits that apply in respect of seeking a review.\n12—Transfer of registration from another State or Territory\n\t(1)\tA person who has been registered as a prospective adoptive parent under the law of another State or a Territory of the Commonwealth that substantially corresponds to the Act and these regulations may apply to the Chief Executive to have that registration transferred to this State.\n\t(2)\tIf a person who is so registered duly applies for transfer of that registration under subregulation (1), the Chief Executive must enter the applicant's name in the register if satisfied that the applicant—\n\t(a)\tis registered under that other law; and\n\t(b)\tmeets the minimum requirements for applicants for registration set out in regulation 9; and\n\t(c)\tis a suitable person to adopt a child of the kind in relation to which registration is sought; and\n\t(d)\thas given notice of the application for transfer of registration, in writing, to the authority administering the other law.\n\t(3)\tThe Chief Executive may require a person transferring registration in accordance with this regulation to provide such information as is necessary to determine which subregister or subregisters the person's name should be entered in.\n\t(4)\tWhere a person who has been registered under another law becomes registered in accordance with this regulation, the entry in the register will be taken to have been made on the day on which the person was registered under the other law.\n13—Conversion of registration into joint registration\n\t(1)\tA person who is registered as a single prospective adoptive parent and who, following registration, commences living together with another person in a qualifying relationship may, if the other person meets the minimum requirements for applicants for registration set out in regulation 9, apply jointly with that other person to the Chief Executive to have the registration converted into joint registration.\n\t(2)\tThe Chief Executive will treat an application for conversion of registration under this regulation in all respects as if it were a joint application for registration made under regulation 8.\n\t(3)\tWhere a person's initial registration is converted into joint registration in accordance with this regulation, the entry in the register relating to that joint registration will be taken to have been made on the day on which the person's initial registration occurred.\n14—Duration and renewal of registration\n\t(1)\tRegistration of a person as a prospective adoptive parent—\n\t(a)\thas effect, subject to these regulations, for a period of 3 years; and\n\t(b)\tmay be renewed from time to time in accordance with this regulation; and\n\t(c)\tceases—\n\t(i)\ton written notice of withdrawal being given to the Chief Executive by the registered person or, in the case of persons with joint registration, on the written notice of either of the registered persons; or\n\t(ii)\ton the death of the registered person; or\n\t(iii)\ton cancellation of the registration by the Chief Executive under these regulations.\n\t(2)\tSubject to subregulation (3), an application for renewal of registration must be lodged with the Chief Executive not more than 3 months and not less than 1 month before the period of registration expires.\n\t(3)\tThe Chief Executive may, in the Chief Executive's discretion, accept a late application for renewal of registration.\n\t(4)\tA person may only apply for renewal of registration if the person meets the minimum requirements for applicants for registration set out in regulation 9.\n\t(5)\tOn receipt of an application for renewal of registration, the Chief Executive must cause the assessment report relating to the applicant to be reviewed having regard to any changes in circumstances of the applicant in the period since that report was prepared or was last reviewed.\n\t(6)\tHowever, an assessment report need not be reviewed if—\n\t(a)\tthe applicant is not resident in this State while the review is being carried out; or\n\t(b)\tin the opinion of the Chief Executive, the review cannot be completed due to—\n\t(i)\tthe inability to adequately review the assessment of the applicant in the applicant's usual home environment; or\n\t(ii)\tthe failure of the applicant to participate in workshops, seminars or interviews or to cooperate in the review process.\n\t(7)\tIf an assessment report has not been reviewed for the reasons set out in subregulation (6), the application for renewal of registration may be rejected.\n\t(8)\tThe Chief Executive may rely on a review of an assessment report undertaken by an adoption agency if satisfied that the agency, in undertaking the review, has had proper regard to any changes in circumstances of the applicant in the period since that report was prepared or was last reviewed.\n\t(9)\tIf, after considering the review of the assessment report, the Chief Executive is satisfied that the applicant or, in the case of a joint application, each applicant is still a suitable person to adopt a child of the kind in relation to which renewal of registration is sought, the Chief Executive will renew the registration for a further period of 3 years.\n\t(10)\tBefore the Chief Executive rejects an application for renewal of registration, the applicant must be given an opportunity to make representations on the matter to the Chief Executive.\n\t(11)\tWritten notice of the Chief Executive's decision under this regulation, together with a copy of the review of the assessment report, must be given to the applicant.\n\t(12)\tIf the Chief Executive rejects an application for renewal of registration, the notice of that decision must inform the applicant of the right to seek a review of the decision and must set out the procedures and time limits that apply in respect of seeking a review.\n15—Cancellation of registration\n\t(1)\tThe registration of a person as a prospective adoptive parent will be cancelled if a child is placed for adoption with that person.\n\t(2)\tThe registration of a person as a prospective adoptive parent will be cancelled by the Chief Executive if—\n\t(a)\tthe person ceases to be resident or domiciled in this State; or\n\t(b)\tthe person ceases to be permanently resident in Australia; or\n\t(c)\tthe person ceases to be an Australian citizen and, in the case of joint registration, the person with whom they are jointly registered is not an Australian citizen; or\n\t(d)\ta child is removed from the care or custody of that person under the Children and Young People (Safety) Act 2017, the Children's Protection Act 1993, or any other similar law of this State or another State or a Territory of the Commonwealth; or\n\t(e)\tthe person is a prohibited person within the meaning of section 15 of the Child Safety (Prohibited Persons) Act 2016; or\n\t(f)\twithout limiting paragraph (e), the person has, as an adult, been convicted of—\n\t(i)\tan offence against section 14 of the Criminal Law Consolidation Act 1935 (criminal neglect); or\n\t(ii)\tany other offence involving violence towards a child, abuse of a child or abduction of a child; or\n\t(g)\tthe person's registration is transferred to another State or a Territory of the Commonwealth; or\n\t(h)\tthe registration was improperly obtained.\n\t(3)\tIf a person is registered on a subregister relating to children who are resident in a country outside Australia and the person ceases to satisfy the minimum requirements of that country for adoption of a child by a person resident in Australia, the person's registration on that subregister will be cancelled by the Chief Executive.\n\t(4)\tIf the registration of a person is cancelled or otherwise ceases in accordance with these regulations, the Chief Executive will, unless satisfied that special reasons exist for not doing so, cancel the registration of a person jointly registered with that person.\n\t(5)\tIf persons who are jointly registered cease living together in a qualifying relationship, the Chief Executive will cancel the registration of both persons, unless satisfied that special reasons exist for not doing so in which case the Chief Executive—\n\t(a)\tmay determine that the registration of either or both of the persons remains in effect; and\n\t(b)\twill cancel the registration of the person (if any) whose registration does not remain in effect under paragraph (a).\n\t(6)\tA person registered as a prospective adoptive parent must—\n\t(a)\twithin 28 days of the person's registration becoming liable to cancellation under this regulation, inform the Chief Executive of that fact; and\n\t(b)\tas soon as is reasonably practicable after any other significant change in the person's circumstances that—\n\t(i)\tin the case of a jointly registered person—might affect the suitability of either person to adopt a child of the kind in relation to which they are registered; or\n\t(ii)\tin any other case—might affect the suitability of the person to adopt a child of the kind in relation to which the person is registered,\ninform the Chief Executive of the change.\nMaximum penalty: $5 000.\nNote—\nThe following are examples of a significant change in a person's circumstances that might affect the suitability of the person to adopt a child:\n\t•\tif the person suffers a deterioration in health; or\n\t•\tif the person is likely to have another child residing with the person within the next 12 months.\n\t(7)\tIt is a defence to a charge of an offence under subregulation (6)(a) for the defendant to prove that—\n\t(a)\tthe defendant's registration only became liable to cancellation because, due to a change in the law of a country outside Australia, the person ceased to satisfy the minimum requirements of that country for adopting a child; and\n\t(b)\tthe defendant did not know that the law of that country had so changed.\n\t(8)\tThe Chief Executive may, at any time, review the registration of a person and may, if the Chief Executive finds that the person is no longer a suitable person to adopt a child of the kind in relation to which the person is registered or, in the case of joint registration, that either person is no longer a suitable person to adopt such a child, cancel the registration of the person or persons.\n\t(9)\tBefore the Chief Executive cancels the registration of a person under this regulation (other than under subregulation (1) or (2)), the person must be given an opportunity to make representations on the matter to the Chief Executive.\n\t(10)\tWritten notice of the Chief Executive's decision to cancel registration under this regulation, together with a brief description of the reasons for that decision, must be given to each person affected by the decision.\n\t(11)\tA notice under subregulation (9) must inform the person of the right (if any) to seek a review of the decision and must set out the procedures and time limits that apply in respect of seeking a review.\n\t(12)\tA decision to cancel the registration of a person under subregulation (1) or (2) may not be the subject of an application for a review under regulation 17.\n16—Additional requirements relating to applications\nThe Chief Executive may, for the purposes of determining an application under this Part, require the applicant—\n\t(a)\tto provide further information on any matter specified; or\n\t(b)\tto participate in specified workshops or seminars; or\n\t(c)\tto provide a medical report as to any specified matter from a medical practitioner nominated by the Chief Executive; or\n\t(d)\tto provide written consent authorising a third party to release information relating to the applicant to the Chief Executive.\nPart 5—Review\n17—Review by Tribunal\nA person who is dissatisfied with a decision of the Chief Executive under Part 4 may, within 30 days of receipt of the notice of the decision, apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.\n18—Powers of Tribunal\nWithout limiting the operation of section 37(1) of the South Australian Civil and Administrative Tribunal Act 2013, on a review, the Tribunal may make such incidental or ancillary orders as it considers appropriate relating to—\n\t(a)\tentries in the register; or\n\t(b)\tthe assessment report relevant to the person who sought the review; or\n\t(c)\tthe documentation to be sent overseas for the purposes of adoption.\nPart 6—Selection of applicants for adoption orders\n19—Order in which registered persons selected to be applicants for adoption orders\n\t(1)\tSubject to this regulation, persons whose names are included in the register will be selected to be applicants for an adoption order in the order in which the persons' names appear in the subregister relating to children of the same kind as the child to be adopted.\n\t(2)\tA person is excluded from selection as an applicant for an order for adoption of a particular child in accordance with the order prescribed by subregulation (1) if the Chief Executive is satisfied that—\n\t(a)\tthe adoption of the child by the person would be inconsistent with a limitation of the consent to the adoption of a parent or guardian of the child; or\n\t(b)\tthe adoption of the child by the person would be contrary to—\n\t(i)\tthe wishes of the child's birth parent or guardian; or\n\t(ii)\tin relation to a child who is resident in a country outside Australia—the requirements of the law of that country governing the adoption of children; or\n\t(c)\tthe adoption of the child by another person whose name is included in the register would, in the particular circumstances of the child, better safeguard and promote the best interests, rights and welfare of the child; or\n\t(d)\tthe registration of the person on the register is liable to cancellation; or\n\t(e)\tthe person is living together with another person in a qualifying relationship but the other person is not jointly registered with the person as a prospective adoptive parent; or\n\t(f)\tthe person is lawfully married but not living together with the person's spouse and the spouse does not consent to the adoption; or\n\t(g)\tthe Court is unlikely to make an adoption order in favour of the person on a ground set out in the Act.\n\t(3)\tA person who—\n\t(a)\tis not resident or domiciled in this State; or\n\t(b)\tis not living together with another person in a qualifying relationship; or\n\t(c)\tis in a qualifying relationship with another person but has only been living together with that other person for a continuous period of less than 3 years,\nis excluded from selection as an applicant for an order for adoption of a particular child in accordance with the order prescribed by subregulation (1) unless the Chief Executive is satisfied that there are special circumstances that would justify the making of an adoption order in favour of the person.\n\t(4)\tIf a person—\n\t(a)\thas a child residing with him or her and the child has so resided for a period of less than the immediately preceding 12 months; or\n\t(b)\twill or is likely to have any other child residing with him or her in the period of 2 years following selection as an applicant for an adoption order under this regulation,\nthe Chief Executive must, before selecting the person as an applicant for an order for adoption of a particular child in accordance with this regulation, have regard to—\n\t(c)\tthe effect that having the care of another child may have on the best interests, rights and welfare of the particular child proposed to be adopted or on the person's ability to care for that child; and\n\t(d)\tthe impact that the adoption of the particular child by the person may have on that other child.\n\t(5)\tIn the case of selection of applicants for an adoption order from the overseas subregister—\n\t(a)\tsubject to any requirements of the overseas country, the order of selection will be as follows:\n\t(i)\tthe Chief Executive will invite those persons on the subregister, in the order in which the persons' names appear in the subregister, to submit documentation for forwarding to the relevant authority of an overseas country; and\n\t(ii)\tthe documentation will be forwarded to the overseas country in the order in which the completed documentation has been received by the Chief Executive; and\n\t(b)\tsubregulations (2) to (4) (inclusive) apply if a relevant authority of an overseas country proposes the adoption of a particular child.\n\t(6)\tThe selection of a person under this regulation as an applicant for an order for adoption of a child may be cancelled if the Chief Executive becomes aware of circumstances that, if known or in existence at the time of the selection, would have resulted in the person being excluded from selection as an applicant for the order.\n\t(7)\tIf the selection of a person is cancelled under subregulation (6), the Chief Executive must notify the person in writing of the cancellation.\nPart 7—Proceedings under Act\n20—Legal practitioners to comply with this regulation when representing party under 18 years\n\t(1)\tIn acting for a party to proceedings under the Act who is less than 18 years of age, a legal practitioner must, to the extent that it is consistent with the legal practitioner's duty to the Court to do so, comply with the following provisions:\n\t(a)\tthe legal practitioner must, as far as is reasonably practicable, act in accordance with any instructions given by the party;\n\t(b)\tto the extent that the party has not given, or is not capable of giving, instructions, the legal practitioner must act in accordance with the legal practitioner's own view of the best interests of the party;\n\t(c)\tthe legal practitioner must, in a manner appropriate to the capacity of the party to understand, explain to the party the nature of the legal practitioner's role in relation to them (including any limitations on the legal practitioner's ability to act in accordance with their instructions);\n\t(d)\tin any proceedings before the Court, the legal practitioner must explain to the Court the basis on which submissions are made, having regard to the preceding paragraphs.\n\t(2)\tA legal practitioner cannot, in complying with this regulation, be held to have breached any code of professional ethics or etiquette, or to have departed from any accepted form of professional conduct.\n21—Discharge of adoption orders—investigations\n\t(1)\tIn conducting an investigation under section 14(2) of the Act, the Chief Executive and, if relevant, the nominee of the Attorney-General, must—\n\t(a)\tmake reasonable efforts to obtain information (in so far as their powers to obtain information allow) about the circumstances relating to the application for the discharge order in accordance with any direction of the Court; and\n\t(b)\tfor the purposes of section 14(4) of the Act, take reasonable steps to ascertain the views of the other parties to the adoption in relation to the application.\n\t(2)\tIn connection with subregulation (1)(b), if a party to the adoption is deceased or mentally or physically incapable of expressing their views, the Chief Executive and, if relevant, the nominee of the Attorney-General, must take reasonable steps to ascertain the views of members of the person's family considered appropriate for the purposes of the investigation.\nPart 8—Register of births\n22—Court to notify Registrar of adoption order etc\n\t(1)\tThe Court must, on making an adoption order, give notice of the order to the Registrar.\n\t(2)\tThe Court must, on making any order subsequent to an adoption order declaring the name by which the adopted child is to be known, give notice of that order to the Registrar.\n\t(3)\tThe Court must, on making an order under section 14 of the Act discharging an adoption order, give notice to the Registrar of the order and any orders consequential or ancillary to the discharge order relevant to the Registrar's functions.\n23—Information to be disclosed in extract from register of births\n\t(1)\tIf the Registrar issues a copy of, or extract from, an entry in the register of births that has been cancelled in accordance with old section 41 of the Act (as defined in section 41A(5) of the Act), the copy or extract must show that the entry has been cancelled, unless the copy or extract is issued in accordance with subregulation (2)(a).\n\t(2)\tIf, in accordance with the Act, the Registrar issues a copy of, or extract from, an entry in the register of births relating to an adopted person, the copy or extract may show—\n\t(a)\tthe entry with the names of the adoptive parents in addition to the other information in the entry; or\n\t(b)\tthe entry with only the names of the adoptive parents of the adopted person,\nin accordance with the wishes of the person seeking that copy or extract.\nPart 9—Miscellaneous\n24—Forms\nA notice, application or renewal required under these regulations must be in a form determined by the Chief Executive and must be accompanied by such further documentation as is required by the Chief Executive.\n24A—Payment of fees etc\n\t(1)\tThe Chief Executive may permit the payment by instalment of a fee prescribed for the purposes of the Act or these regulations.\n\t(2)\tThe Chief Executive may waive or remit the payment of the whole or any part of a fee prescribed for the purposes of the Act or these regulations.\n25—Offence to make false or misleading statement\nA person must not, in a notice, application or renewal lodged under these regulations—\n\t(a)\tmake a statement that is, to the person's knowledge, false or misleading; or\n\t(b)\tomit or authorise the omission from any such document a particular which is, to the person's knowledge, a material particular.\nMaximum penalty: $5 000.\n26—Evidentiary\n\t(1)\tIn any proceedings under the Act, an apparently genuine document purporting to be a consent to adoption given under these regulations will, in the absence of proof to the contrary, be taken to be a valid consent to adoption given under these regulations.\n\t(2)\tIn any proceedings under the Act, an apparently genuine document purporting to be signed by—\n\t(a)\tthe Chief Executive; or\n\t(b)\ta person to whom functions and powers of the Chief Executive under the Act or these regulations have been delegated; or\n\t(c)\ta person who, under the law of another State or a Territory of the Commonwealth, is entitled to exercise functions and powers corresponding to functions and powers of the Chief Executive under the Act or these regulations,\nwill, in the absence of proof to the contrary, be taken to have been so signed.\n\t(3)\tIn any proceedings under the Act, a certificate as to a delegation apparently signed by the Chief Executive will be accepted, in the absence of proof to the contrary, as proof of the delegation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Adoption (General) Regulations 2018 revoked the following:\nAdoption Regulations 2004\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n227\nGazette 29.11.2018 p4059 \n15.12.2018: r 2\n2019\n208\nGazette 19.9.2019 p3329\n19.9.2019: r 2\n2020\n174\nGazette 4.6.2020 p3031\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n19.9.2019\nPt 4\n\n\nr 15\n\n\nr 15(5)\nsubstituted by 208/2019 r 4\n19.9.2019\nPt 9\n\n\nr 24A\ninserted by 174/2020 r 4\n1.7.2020\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n19.9.2019\nHistorical versions\n19.9.2019\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable due to a broken hyperlink resulting from a website migration. No substantive content was available for comparison against original intent."},"complexity_factors":["No legislative text was actually provided — only a website error page was returned","Unable to assess true complexity of the Regulations without access to the substantive content","Score of 2 reflects the inability to analyse, not the inherent simplicity of adoption regulations generally","Adoption regulations in Australian jurisdictions are typically moderately complex due to intersecting family law, child protection, and international treaty obligations"],"plain_english_summary":"The Adoption (General) Regulations 2018 (SA) set out the procedural and administrative rules that implement the Adoption Act 1988—governing how adoptions are applied for, assessed, recorded and managed in South Australia. They affect prospective adoptive parents, children, birth parents, adoption agencies, social workers and courts, and matter because they determine eligibility, process and information disclosure in adoption cases."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2018 Regulations replaced the Adoption Regulations 2004 and have been varied since commencement (see Legislative history). Amendments altered procedural provisions (for example r15(5) substituted in 2019) and added fee-payment/waiver powers (reg 24A inserted in 2020), so the instrument’s practical scope and administrative powers have changed from earlier versions while continuing to regulate adoption procedures, registration and review."},"complexity_factors":["Extensive procedural detail across lifecycle of adoption applications (assessment, registration, renewal, cancellation) increases compliance steps (regs 10–15).","High administrative discretion vested in the Chief Executive to invite applicants, require additional information, accept late renewals, rely on agency reports and cancel registrations (regs 8(3), 10(6), 11(2), 14(3), 16, 15(8)).","Numerous substantive assessment criteria spanning parenting skills, health, criminal history, finances, cultural competence and family context create multi-factor suitability judgments (reg 10(4)).","Inter-jurisdictional interactions and transfer mechanisms with other States/Territories and overseas adoption rules add legal complexity (regs 12, 7(2)–(5), 13, 19(5)).","Specific mandatory steps for consent counselling and witnessing impose evidentiary and procedural safeguards (regs 5–6) and link to court processes (regs 22–23).","Statutory penalties and evidentiary presumptions raise legal risk and require careful record-keeping by applicants and officials (regs 25–26).","Review pathway to the South Australian Civil and Administrative Tribunal introduces litigation and evidentiary angles for decisions under Part 4 (regs 17–18).","Specialised provisions for Aboriginal and Torres Strait Islander child placement create prioritized selection rules and cultural-assessment obligations (reg 4).","Time limits for decision-making and for seeking review (eg, 18 months for decision, 30 days to apply to Tribunal) impose procedural timing constraints (reg 11(1), reg 17).","Evolving instrument history and later amendments (eg, insertion of reg 24A, variations to r15) require users to track versions (Legislative history)."],"plain_english_summary":"These Regulations set out how adoptions work in South Australia: counselling and witnessing of consent, a Prospective Adoptive Parents Register with assessment, selection, registration, renewal and cancellation rules, review rights, and court/registry notifications. They apply to prospective adoptive parents, adoption agencies, the Chief Executive and courts. The Chief Executive makes registration, renewal and cancellation decisions (regs 10–15); applicants may pay fees and face penalties for false or misleading statements (regs 24A, 25); registered people must notify significant changes to their circumstances (reg 15(6))."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as procedural and administrative rules supporting the Adoption Act 1988. The 2018 version consolidates and updates previous regulations without significant expansion beyond the original purpose of regulating the adoption process, prospective parent registration, and related administrative matters."},"complexity_factors":["Multiple nested conditions in eligibility criteria (regulation 9 has 4 subsections with multiple paragraphs and sub-paragraphs)","17 specific assessment factors in regulation 10(4) that must be considered","Cross-references to at least 6 other Acts (Adoption Act 1988, Criminal Law Consolidation Act 1935, Child Safety (Prohibited Persons) Act 2016, Children and Young People (Safety) Act 2017, Children's Protection Act 1993, South Australian Civil and Administrative Tribunal Act 2013)","Complex conditional logic in regulation 19 regarding selection order with 7 exclusion grounds in subregulation (2) plus additional restrictions in subregulation (3)","Multiple exceptions to general rules (e.g., regulation 14(3) allows late renewal applications 'in the Chief Executive's discretion')","Dual pathways for assessment (Chief Executive or approved adoption agency) with compliance requirements","Special evidentiary provisions creating presumptions of validity (regulation 26)","Defence provisions for offences (regulation 15(7))","Interaction between individual and joint registration statuses with conversion mechanics (regulation 13)"],"plain_english_summary":"These regulations set out the detailed rules for how adoption works in South Australia. They cover:\n\n**Who can adopt:**\n- People must be South Australian residents, permanent residents of Australia, and (for solo applicants) Australian citizens\n- They must pass a detailed assessment looking at their parenting skills, health, finances, criminal record, and attitude toward adoption\n- People with certain criminal convictions (especially involving violence or abuse toward children) are banned\n\n**How the process works:**\n- Interested people first express interest, then may be invited to apply for registration\n- They go through counselling and assessment before being placed on a register\n- The register is divided into subregisters for different types of children (by age, special needs, or overseas adoption)\n- Registration lasts 3 years and must be renewed\n\n**Special protections for Aboriginal and Torres Strait Islander children:**\n- Priority is given to placement with family members, then community members, then other Indigenous carers\n- If placed outside the community, the child must have opportunity for ongoing contact with their culture\n\n**How children are matched:**\n- Generally a \"first in, first served\" system based on when people registered\n- But the Chief Executive can skip people if it's not in the child's best interests, if there are consent issues, or if the person is no longer suitable\n\n**Other important rules:**\n- Birth parents must receive counselling and proper information before consenting\n- Lawyers representing children under 18 must balance the child's wishes with their best interests\n- People can appeal decisions to a tribunal\n- False statements in applications carry a $5,000 penalty"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/adoption-general-regulations-2018","history":"/api/acts/adoption-general-regulations-2018/history","analysis":"/api/acts/adoption-general-regulations-2018/analysis","conflicts":"/api/acts/adoption-general-regulations-2018/conflicts","importantCases":"/api/acts/adoption-general-regulations-2018/important-cases","documents":"/api/acts/adoption-general-regulations-2018/documents"}}