{"id":"sl-1993-31","name":"Adoption Regulation 1993","slug":"adoption-regulation-1993","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"31 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173242,"registerId":"act-sl-1993-31-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adoption Regulation 1993","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdoption Regulation 1993\nSL1993-31\nmade under the\nAdoption Act 1993\nRepublication No 15\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Adoption Regulation 1993, made under the Adoption Act 1993\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 16 November 2025. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdoption Regulation 1993\nmade under the\nAdoption Act 1993\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n2A Notes 2\n2B Offences against regulation—application of Criminal Code etc 2\nPart 2 Register of suitable people\n4 Register of suitable people—requests for inclusion 3\nPart 3 Consents\n5 Consent to be accompanied by statement—Act, s 30 5\n6 Conditions for signing 5\n\nContents\nPage\ncontents 2 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Primary and secondary witnesses 5\n8 Functions of primary witness 6\n9 Functions of secondary witness 6\nPart 5 Adoption records\n11 Particulars to be given to director-general by private adoption agencies\nfollowing adoption orders 8\n12 Transfer of private agency records to director-general 10\n13 Maintenance of records 10\nPart 6 Private adoption agencies\n14 Application for approval 11\n15 Alteration of objects, structure or trusts of private adoption agency 13\n16 Principal officer 13\n17 People acting for or on behalf of private adoption agency 14\n18 Adoption of overseas children or young people 14\n19 Residential premises 14\n20 Storage of information 15\n21 Private adoption agencies not to breach Territory privacy principles 15\nPart 7 Registration of adoptions\n22 Register of adoptions 16\n23 Registration 16\n24 Access to information from register of adoptions 17\n25 Re-registration of birth of adopted child or young person 18\n26 Correction of errors in register of adoptions 19\n27 Cancellation of entries in register of adoptions 19\n27A Offence to destroy etc register 20\n27B Offence to re-register birth 20\n28 Obligations of registrar-general 20\n29 Memoranda of orders sent to States and other Territories 21\n30 Reviewable decisions—Act, s 102, def reviewable decision 21\n30A Right of review and notice—Act, s 103 and s 103A 21\n\nContents\nPage\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Registering officers 22\nSchedule 2 Reviewable decisions 23\nDictionary 26\nEndnotes\n1 About the endnotes 28\n2 Abbreviation key 28\n3 Legislation history 29\n4 Amendment history 32\n5 Earlier republications 35\n\n\n\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAdoption Regulation 1993\nmade under the\nAdoption Act 1993\n\nPart 1 Preliminary\nSection 1\npage 2 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Adoption Regulation 1993.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n2B Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nRegister of suitable people Part 2\nSection 4\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Register of suitable people\n4 Register of suitable people—requests for inclusion\nFor the Act, section 18 (1), a request by an applicant for approval to\nbe registered as suitable for the placement of a child or young person\nfor adoption must state the following:\n(a) in relation to the applicant—\n(i) full name; and\n(ii) usual place of residence; and\n(iii) occupation; and\n(iv) date and place of birth; and\n(v) domicile; and\n(vi) religion (if any); and\n(vii) state of health; and\n(viii) financial circumstances;\n(b) if the applicant is in a domestic partnership—the length of the\npartnership;\n(c) in relation to each child (if any) of the applicant (whether a birth\nchild or adopted child)—\n(i) sex and date of birth; and\n(ii) the state of health of any living child; and\n(iii) if any child has died—the date of death;\n(d) whether the applicant has ever been refused an adoption order;\n(e) whether an adoption order or interim order in the applicant’s\nfavour has been discharged;\n\nPart 2 Register of suitable people\nSection 4\npage 4 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) whether the applicant’s name is entered on a list of people\nseeking to adopt a child in another State or Territory;\n(g) if paragraph (f) applies—particulars of the entry on the relevant\nadoption list.\n\nConsents Part 3\nSection 5\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Consents\n5 Consent to be accompanied by statement—Act, s 30\nAn instrument of consent must be accompanied by the statement\nmentioned in section 6 (b).\n6 Conditions for signing\nA person must not sign an instrument of consent unless the person—\n(a) received a copy of the form of consent no later than 14 days\nbefore the date when the consent is signed; and\n(b) has signed a statement to the effect that he or she is the parent or\nguardian of the child or young person; and\n(c) has shown the statement to the primary witness to the signing of\nthe instrument.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n7 Primary and secondary witnesses\n(1) For the Act, section 30, an instrument of consent must be signed in\nthe presence of, and must be attested by, a primary witness and a\nsecondary witness.\n(2) A primary witness must be—\n(a) for an instrument signed in Australia—\n(i) a commissioner for declarations under the Statutory\nDeclarations Act 1959 (Cwlth); or\n(ii) a justice of the peace; or\n(iii) a lawyer (other than a lawyer acting for the applicants); or\n(iv) a social worker approved by the director-general; or\n\nPart 3 Consents\nSection 8\npage 6 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for an instrument signed in a foreign country—\n(i) an Australian diplomatic officer, or an Australian consular\nofficer, within the meaning of the Consular Fees Act 1955\n(Cwlth); or\n(ii) a judge of a court of that country; or\n(iii) a magistrate or justice of the peace of or for that country;\nor\n(iv) a notary public.\n(3) A secondary witness must be—\n(a) for an instrument signed in Australia—a prescribed person\nunder the Statutory Declarations Act 1959 (Cwlth), section 4; or\n(b) for an instrument signed in a foreign country—a person referred\nto in subsection (2) (b).\n8 Functions of primary witness\nThe primary witness to the signing of an instrument of consent must\nnot attest to that signing unless the primary witness—\n(a) has informed the person signing the instrument about the legal\nimplications of adoption and the legal consequences of signing\nthe instrument; and\n(b) is satisfied that the person understands those consequences and\nimplications.\n9 Functions of secondary witness\nThe secondary witness to the signing of an instrument of consent must\nnot attest to that signing unless the secondary witness is satisfied\nthat—\n(a) the primary witness has adequately exercised his or her\nfunctions under section 8 (a); and\n\nConsents Part 3\nSection 9\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person signing the instrument of consent understands the\nlegal implications of adoption and the legal consequences of\nsigning the instrument.\n\nPart 5 Adoption records\nSection 11\npage 8 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Adoption records\n11 Particulars to be given to director-general by private\nadoption agencies following adoption orders\nFor the Act, section 61 (2) (b), the prescribed particulars are as\nfollows:\n(a) in relation to the adopted child or young person—\n(i) full name before the adoption;\n(ii) sex;\n(iii) date of birth;\n(iv) place of birth;\n(v) father’s full name;\n(vi) mother’s full name;\n(vii) full name of any other parent;\n(viii) mother’s maiden name (if applicable);\n(ix) mother’s name at date of birth of the child or young person;\n(x) full name following adoption;\n(b) in relation to each adoptive parent—\n(i) full name;\n(ii) place of residence;\n(iii) occupation;\n(iv) date of birth;\n(v) place of birth;\n(vi) domicile;\n(vii) religion (if any);\n\nAdoption records Part 5\nSection 11\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(viii) if married or in a civil union—date and place of marriage\nor civil union;\n(ix) if not married or in a civil union—whether in another\ndomestic partnership or single;\n(c) in relation to each child (if any) of each adoptive parent (whether\na birth child or adopted child)—\n(i) sex;\n(ii) date of birth;\n(iii) state of health of each living child;\n(iv) if a child has died—date of death;\n(d) in relation to each birth parent—\n(i) full name;\n(ii) date of birth;\n(iii) date when consent is signed;\n(iv) whether consent is general or limited;\n(v) details of any express wishes contained in the consent;\n(e) in relation to the primary witness and secondary witness to the\nsigning of the instrument of consent—\n(i) full name;\n(ii) capacity in which the instrument is witnessed;\n(f) in relation to the person who provides the report to the court\nunder the Act, section 39D (1)—\n(i) full name;\n(ii) qualifications;\n\nPart 5 Adoption records\nSection 12\npage 10 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) relevant experience;\n(iv) business address.\n12 Transfer of private agency records to director-general\n(1) This section applies if a private adoption agency—\n(a) ceases to exist; or\n(b) has its approval revoked under the Act, section 85 (Revocation\nor suspension of approval).\nNote The director-general may revoke an agency’s approval if—\n• the agency asks; or\n• the agency is no longer suitable to conduct negotiations and\nmake arrangements about the adoption of children or young\npeople; or\n• the agency has contravened a provision of the Act, pt 6 or a\nregulation.\n(2) The person who was the last principal officer of the agency commits\nan offence if the person does not give the director-general all adoption\nrecords kept by the agency.\nMaximum penalty: 5 penalty units.\n(3) An offence against this section is a strict liability offence.\n13 Maintenance of records\nFor the Act, section 61 (4), all adoption records held by a private\nadoption agency must be kept in a lockable, fire-resistant steel\ncabinet.\nNote Adoption records held by the director-general must be held in accordance\nwith the Territory Records Act 2002.\n\nPrivate adoption agencies Part 6\nSection 14\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Private adoption agencies\n14 Application for approval\n(1) An application under the Act, section 81 by a charitable organisation\nfor approval as a private adoption agency must be in writing setting\nout the following information:\n(a) the name of the organisation;\n(b) the objects and purposes, or proposed objects and purposes, of\nthe organisation;\n(c) the place where the organisation has its principal office;\n(d) the facilities available at the principal office of the organisation,\nand in particular the availability of confidential interviewing\nrooms;\n(e) the full name and address of each person taking part, or\nproposing to take part, in the management or control of the\norganisation;\n(f) the full name and address of the person appointed as the\nprincipal officer of the organisation;\n(g) if the organisation is incorporated—the way and date of its\nincorporation;\n(h) the proposed method of financing the agency, including a\nfinancial statement and budget estimate;\n(i) details of the organisation’s affiliation with any body delivering\nchild and family welfare services (including services for the care\nof a child or young person for the period before his or her\nplacement for adoption or the period after a child or young\nperson is removed from a failed adoption placement);\n\nPart 6 Private adoption agencies\nSection 14\npage 12 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) the structure, membership and interests of the committee of the\norganisation responsible for—\n(i) making recommendations on applications for approval as\npeople suitable to adopt a child or young person; and\n(ii) conducting negotiations and making arrangements with a\nview to the placement of children or young people for\nadoption;\n(k) the method of keeping adoption records and the arrangements\nmade for the safekeeping of the records;\n(l) the numbers, qualifications, experience and duties of people\nengaged, or proposed to be engaged, on behalf of the\norganisation to make arrangements for the adoption of children\nor young people;\n(m) the arrangements envisaged for training staff of the organisation;\n(n) if the agency intends to organise adoptions of children or young\npeople from foreign countries—what arrangements have been\nmade for that purpose between the organisation and any relevant\nauthorities and organisations in the foreign countries;\n(o) the organisation’s reasons for wishing to make arrangements for\nthe adoption of children or young people;\n(p) any experience of the organisation in making arrangements for\nthe adoption of children or young people or related child and\nfamily welfare services.\n(2) An application under subsection (1) must be accompanied by—\n(a) if the organisation is incorporated—a copy of its rules, or its\narticles and memorandum of association; and\n(b) particulars of any instrument evidencing trusts relating to the\norganisation, together with a copy of any such instrument.\n\nPrivate adoption agencies Part 6\nSection 15\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Alteration of objects, structure or trusts of private\nadoption agency\n(1) This section applies if any alteration affecting the functions of a\nprivate adoption agency in relation to adoptions, or its status as a\ncharitable organisation, happens in—\n(a) the objects or purposes of the agency; or\n(b) the rules or memorandum or articles of the agency; or\n(c) any trusts relating to the agency.\n(2) If this section applies, the principal officer of the relevant agency\nmust give the director-general—\n(a) notice of the alteration; and\n(b) a copy of the instrument evidencing the alteration; and\n(c) a statement verifying the authenticity of the copy; and\n(d) for an alteration of the objects, purposes, rules, memorandum or\narticles of association of the agency—a notice that the\nalteration—\n(i) is authorised; and\n(ii) was made in the way provided by the rules, memorandum\nor articles of the agency.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n16 Principal officer\nA private adoption agency must not appoint a person as principal\nofficer of the agency unless the person—\n(a) has obtained a tertiary qualification in social work, or in an\nappropriate social science, approved by the director-general; and\n\nPart 6 Private adoption agencies\nSection 17\npage 14 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) has 5 years experience in providing child and family welfare\nservices relevant to the adoption of children or young people;\nand\n(c) agrees to undertake any course of training that, in the opinion of\nthe director-general, is necessary to enable the principal officer\nto carry out the duties of his or her position.\n17 People acting for or on behalf of private adoption agency\nA private adoption agency must not permit a person to conduct\nnegotiations or make arrangements in relation to the adoption of\nchildren or young people for or on behalf of the agency unless the\nperson—\n(a) has completed a course in social work approved by the\ndirector-general; and\n(b) has completed 5 years practical experience in social work, of\nwhich at least 3 years is relevant to the adoption of children or\nyoung people.\n18 Adoption of overseas children or young people\nA private adoption agency must not conduct negotiations or make\narrangements in relation to the adoption of a child or young person\nbrought from a foreign country for the purpose of adoption in the\nACT unless the requirements of the Act, section 20 (2) have been\ncomplied with.\n19 Residential premises\nA private adoption agency must not be conducted from premises\nnormally used for residential purposes.\n\nPrivate adoption agencies Part 6\nSection 20\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Storage of information\nA private adoption agency must ensure that its adoption records are\nprotected by reasonable security safeguards against—\n(a) loss; and\n(b) unauthorised access, use, modification or disclosure; and\n(c) other misuse.\n21 Private adoption agencies not to breach Territory privacy\nprinciples\n(1) A private adoption agency commits an offence if it does something\nthat would, if it were a public sector agency for the Information\nPrivacy Act 2014, breach a Territory privacy principle within the\nmeaning of that Act.\nMaximum penalty: 5 penalty units.\nNote The Territory privacy principles (the TPPs) are contained in the\nInformation Privacy Act 2014, sch 1. The TPPs deal with the following\nissues:\n(a) open and transparent management of personal information;\n(b) anonymity and pseudonymity;\n(c) collection of solicited personal information;\n(d) dealing with unsolicited personal information;\n(e) notification of the collection of personal information;\n(f) use or disclosure of personal information;\n(g) cross-border disclosure of personal information;\n(h) quality of personal information;\n(i) security of personal information;\n(j) access to personal information;\n(k) correction of personal information.\n(2) An offence against this section is a strict liability offence.\n\nPart 7 Registration of adoptions\nSection 22\npage 16 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Registration of adoptions\n22 Register of adoptions\n(1) The registrar-general must keep a register of adoptions for the Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The register of adoptions kept by the registrar-general under the\nAdoption of Children Act 1965, section 56 (a) before the\ncommencement of the Adoption Act 1993, section 3 is to be taken to\nform part of the register of adoptions kept under subsection (1).\n(3) The registrar-general must keep an index of the entries in the register\nof adoptions.\n23 Registration\n(1) The registrar-general must register a memorandum of an adoption\norder by entering particulars of the adoption in the register of\nadoptions.\n(2) If the registrar-general receives a memorandum or copy of an\nadoption order made under a law in force in a State or in another\nTerritory, the registrar-general must register it by entering particulars\nof the adoption in the register of adoptions.\n(3) If the registrar-general receives a copy of an order, made under the\nAct or made under a law of a State or another Territory, for the\ndischarge of an adoption order that has been registered in the register\nof adoptions, the registrar-general must register it by entering\nparticulars of the discharge on the page of the register of adoptions\nwhere the adoption order was registered.\n(4) The registrar-general must register a copy of an adoption order\ndeclared by the court under the Act, section 57M to be an adoption\nthat complies with the Act, section 57L by entering the relevant\nparticulars in the register of adoptions.\n\nRegistration of adoptions Part 7\nSection 24\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Access to information from register of adoptions\n(1) The registrar-general must only allow a person to have access to the\nregister of adoptions or to any memorandum or copy of an adoption\norder or an order discharging an adoption order—\n(a) in accordance with an order of the court; or\n(b) if the registrar-general is satisfied that the access is properly\nrequired for the purpose of providing evidence in proceedings\nunder the Family Law Act 1975 (Cwlth); or\n(c) under this section.\n(2) On application by an adopted person born in a foreign country or by\nan adoptive parent of such an adopted person, the registrar-general\nmust issue the applicant with a certificate in the form of an entry in\nthe register of births.\n(3) The applicant must provide, in writing, any additional information\nrequired by the registrar-general to issue the certificate.\n(4) In this section:\naccess, in relation to the register of adoptions or a memorandum or\ncopy of an adoption order or an order discharging an adoption order,\nincludes—\n(a) inspection of the register or the memorandum or copy; and\n(b) for the register—provision of an extract from the register; and\n(c) for a memorandum of an order or a copy of a memorandum of\nan order—provision of a copy of, or an extract from the\nmemorandum or copy.\n\nPart 7 Registration of adoptions\nSection 25\npage 18 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Re-registration of birth of adopted child or young person\n(1) If an order for the adoption of a child or young person born in the\nACT has been registered in the register of adoptions, the registrar-\ngeneral must re-register the birth of the child or young person by\nentering in the register of births—\n(a) particulars, ascertained from the memorandum or copy of the\nadoption order—\n(i) of the child’s or young person’s name after adoption; and\n(ii) of the sex, date and place of birth of the child or young\nperson; and\n(iii) of the adoptive parents or parent; and\n(b) a notation to the entry, signed and dated by the registrar-general,\nto the effect that the birth of the child or young person is\nregistered under this section.\n(2) If, for a child or young person born in the ACT, an order discharging\nan adoption order has been registered in the register of adoptions, the\nregistrar-general must—\n(a) make a notation accordingly on the page in the register of births\nwhere the birth of that child or young person has been\nre-registered under subsection (1); and\n(b) re-register the birth of that child or young person accordingly.\n(3) The notation mentioned in subsection (1) or (2) must not be included\non any copy of, or extract from, an entry in the register of births issued\nby the registrar-general.\n(4) If the registrar-general re-registers the birth of an adopted child or\nyoung person under this section, the registrar-general must sign and\ndate a notation, written on the page of the register of births that\ncontains the original entry of the birth, to the effect that the birth of\nthe child or young person has been re-registered under this section on\na specified page of the register.\n\nRegistration of adoptions Part 7\nSection 26\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If an adoption order relates to a child or young person who has\npreviously been adopted, the registrar-general must re-register the\nbirth of the child or young person as if the entry relating to the\nprevious adoption of that child or young person were the original\nentry of the birth of that child or young person.\n(6) This section has effect, in relation to an adoption order, or an order\ndischarging an adoption order, made under the repealed laws and in\nforce on 31 July 1993 as if the relevant order had been made under\nthe Act.\n26 Correction of errors in register of adoptions\n(1) If the registrar-general is satisfied that the register of adoptions\ncontains an error or misstatement in, or an omission from, any\nparticulars entered under this regulation, the registrar-general must\ncorrect the register accordingly.\n(2) If the registrar-general corrects an entry in the register of adoptions\nunder subsection (1), the registrar-general must sign his or her name\nimmediately under the correction and write the date when the\ncorrection was made.\n27 Cancellation of entries in register of adoptions\n(1) If the registrar-general is satisfied that an entry in the register of\nadoptions is false, the registrar-general must cancel the entry by\nwriting in the margin of the entry the words ‘Cancelled under the\nAdoption Regulation 1993, section 27’, signing his or her name\nimmediately under those words and writing the date when the entry\nwas cancelled.\n(2) The registrar-general must not cancel an entry in the register of\nadoptions—\n(a) if the entry can be corrected under section 26; or\n\nPart 7 Registration of adoptions\nSection 27A\npage 20 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) unless the Attorney-General, or a person authorised by the\nAttorney-General, has approved, in writing, the cancellation of\nthe entry.\n27A Offence to destroy etc register\n(1) A person commits an offence if the person destroys, defaces or\ndamages the register of adoptions.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n27B Offence to re-register birth\n(1) A person commits an offence if the person—\n(a) obtains the re-registration of the birth of an adopted child or\nyoung person; and\n(b) the re-registration is obtained otherwise than in accordance with\nthis regulation.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n28 Obligations of registrar-general\nThe registrar-general must not—\n(a) omit or refuse, without reasonable cause, to register in the\nregister of adoptions in accordance with this part an adoption\norder or an order discharging an adoption order; or\n(b) omit, or refuse, without reasonable cause, to re-register in the\nregister of births in accordance with this part the birth of an\nadopted child or young person who was born in the ACT; or\n(c) enter any particulars in the register of adoptions if those\nparticulars are, to his or her knowledge, false or misleading in a\nmaterial particular.\n\nRegistration of adoptions Part 7\nSection 29\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Memoranda of orders sent to States and other Territories\nThe prescribed officer of a State or of a Territory specified in\nschedule 1, column 2 to whom a memorandum of an order, or copy\nof the discharge of an order, for the adoption of a child or young\nperson born in that State or Territory is to be sent under the Act,\nsection 105 is the officer of that State or Territory specified in that\nschedule, column 3 opposite the name of that State or Territory.\n30 Reviewable decisions—Act, s 102, def reviewable\ndecision\nA decision mentioned in schedule 2, column 3, under a provision\nmentioned in column 2 in relation to the decision is prescribed.\n30A Right of review and notice—Act, s 103 and s 103A\nAn entity mentioned in schedule 2, column 4 is prescribed.\n\nSchedule 1 Registering officers\npage 22 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Registering officers\n(see s 29)\ncolumn 1\nitem\ncolumn 2\nState or Territory\ncolumn 3\nregistering officer\n1 New South Wales principal registrar of births, deaths and marriages\n2 Victoria government statist\n3 Queensland registrar-general\n4 Western Australia registrar-general\n5 South Australia principal registrar of births, deaths and marriages\n6 Tasmania registrar of births, deaths and marriages\n7 Northern Territory registrar of births, deaths and marriages\n8 Norfolk Island registrar of births, deaths and marriages\n9 Christmas Island registrar-general of births, deaths and marriages\n10 Cocos (Keeling) Islands registrar-general of births, deaths and marriages\n\nReviewable decisions Schedule 2\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Reviewable decisions\n(see s 30 and s 30A)\nNote If a child or young person is mentioned in col 4 in relation to a decision,\nthe director-general must give a notice to the child or young person only\nif the director-general considers it appropriate, having regard to the age\nof the child or young person (see Act, s 103 (2)).\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 Act, 18 refuse to approve\napplication under section\n18\napplicant for approval\n2 Act, 19 removal of person’s name\nfrom register under section\n19\nperson whose name was\nremoved\n3 Act, 32 deny access person denied access or\nperson who has custody of\nchild or young person or\nchild or young person\n4 Act, 38 refuse to declare that child\nor young person is under\ndirector-general’s\nguardianship\nrequesting authority in\nState or another Territory\nor person with whom child\nor young person has been\nplaced with view to\nadoption or child or young\nperson\n5 Act, 62 refuse to give information,\nrequest authority to give\ninformation, or make\nenquires\napplicant for information\n6 Act, 62 (3) refuse to cause search to be\nmade in register of births or\nrefuse to issue copy of, or\nextract from, search or\nnotification of result of\nsearch\napplicant for search\n7 Act, 68 (7) withhold information applicant for information\n\nSchedule 2 Reviewable decisions\npage 24 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n8 Act, 72 (1) supply document or\ninformation when applicant\nhas not attended interview\nwith approved counsellor\napplicant for document or\ninformation\n9 Act, 72 (4) refuse to approve person as\ncounsellor\nperson refused approval\n10 Act, 82 refuse to grant approval of\nprivate adoption agency\nprincipal officer of\norganisation\n11 Act, 85 revoke or suspend approval principal officer of\norganisation that has\napproval revoked or\nsuspended\n12 Act, 92 deny approval of\ncommunication\nperson who seeks approval\nto communicate or child or\nyoung person or adoptive\nparent\n13 Act, 92 (b) approve communication\nsubject to conditions or\nrestrictions\nperson who seeks approval\nto communicate or child or\nyoung person or adoptive\nparent\n14 Act, 94 (2) (b) refuse to approve payment\nin respect of hospital and\nmedical expenses\nadoptive parent or birth\nmother of child or young\nperson or person who\nsought approval of\npayment\n15 Act, 94 (2) (c) refuse to authorise payment\nor reward\nadoptive parent or birth\nmother of child or young\nperson or person who\nsought approval of\npayment or reward\n16 Act, 96 (2) refuse to approve\nadvertising or other matter\nperson who seeks approval\nof advertisement or other\nmatter or child or young\nperson\n\nReviewable decisions Schedule 2\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n17 16 (a) refuse to approve tertiary\nqualification in social work\nor in appropriate social\nscience\nperson who seeks\nappointment as principal\nofficer of private adoption\nagency\n18 17 (a) refuse to approve course in\nsocial work\nperson who seeks to act for\nor on behalf of private\nadoption agency\n\nDictionary\npage 26 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• civil union\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• function\n• proceeding.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Adoption Act 1993 (see Legislation Act, s 148). For example, the\nfollowing terms are defined in the Adoption Act 1993, dict:\n• adoption order\n• birth parent\n• charitable organisation\n• court\n• general consent\n• guardian\n• instrument of consent\n• interim order\n• limited consent\n• principal officer\n• private adoption agency\n• register of births\n• register of suitable people.\nadoption record means—\n(a) a document; or\n(b) a database (however kept); or\n\nDictionary\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a photograph or other pictorial representation of a person;\nthat contains personal information about a person applying to adopt a\nchild, or a person relinquishing a child for adoption.\nprimary witness means a person mentioned in section 7 (2).\nregister of adoptions means the register kept under section 22.\nsecondary witness means a person mentioned in section 7 (3).\n\nEndnotes\n1 About the endnotes\npage 28 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Adoption Regulations. It was renamed under the\nLegislation Act 2001.\nAdoption Regulation 1993 SL1993-31\nnotified 30 July 1993 (s 2 (1))\ns 1, s 2 commenced 30 July 1993\nremainder commenced 31 July 1993 (s 2 (2))\nas amended by\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 2\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 2 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)\nRegulations Revision Regulations 1994 SL1994-7 sch 1\nnotified 22 March 1994\ncommenced 22 March 1994 (s 2)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 2\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 2 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 2\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 2 commenced 1 June 1998 (s 2 (2))\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nsch 3 commenced 10 May 2000 (s 2 (2))\n\nEndnotes\n3 Legislation history\npage 30 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 8\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 8 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nParentage Act 2004 A2004-1 sch 1 pt 1.3\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.3 commenced 22 March 2004 (s 2 and CN2004-3)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.2\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 24 November 2005 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.3\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.3 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n2006 No S93)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.2\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 19 May 2008 (s 2 and CN2008-8)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.3\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nAdoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.1\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 22 April 2010 (s 2 and LA s 79)\n\nEndnotes\nLegislation history 3\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdoption Amendment Regulation 2010 (No 1) SL2010-32\nnotified LR 2 August 2010\ns 1, s 2 commenced 2 August 2010 (LA s 75 (1))\nremainder commenced 3 August 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.6\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2011 (s 2 (1))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.3\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.3 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.1\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.1 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.2\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.2 commenced 17 November 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.2\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.2 commenced 27 April 2016 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.3, sch 4 pt 4.7\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.3, sch 4 pt 4.7 commenced 16 November 2025 (s 2 (1), (9))\n\nEndnotes\n4 Amendment history\npage 32 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R2 LA; R4 LA\nDictionary\ns 2 om A2001-44 amdt 1.64\nins SL2010-32 s 6\nNotes\ns 2A ins A2005-54 amdt 1.3\nOffences against regulation—application of Criminal Code etc\ns 2B ins A2005-54 amdt 1.3\nDefinitions for regulation\ns 3 am A2001-44 amdt 1.66, amdt 1.67\ndefs reloc to dict SL2010-32 s 5\nom SL2010-32 s 6\ndef Act om A2001-44 amdt 1.65\ndef adoption list am A1999-64 sch 3\nom SL2010-32 s 4\ndef determined fee om A2001-44 amdt 1.65\nRegister of suitable people\npt 2 hdg sub SL2010-32 s 7\nRegister of suitable people—requests for inclusion\ns 4 sub SL2010-32 s 8\nam SL2010-32 s 13\nConsent to be accompanied by statement—Act, s 30\ns 5 sub A2001-44 amdt 1.68; A2016-18 amdt 3.5\nam A2025-29 amdt 4.7\nConditions for signing\ns 6 am SL2010-32 s 13; A2016-18 amdts 3.6-3.8\nPrimary and secondary witnesses\ns 7 am A1997-96 sch 2; A1999-64 sch 3; A2011-22 amdt 1.26;\nA2025-29 amdt 3.3\nAccess to information\npt 4 hdg om R8 LA\nPrescribed information—incest and sexual assault\ns 10 om A2009-36 amdt 1.1\n\nEndnotes\nAmendment history 4\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nParticulars to be given to director-general by private adoption agencies\nfollowing adoption orders\ns 11 hdg am A2011-22 amdt 1.26\ns 11 am A2004-1 amdt 1.14; pars renum R3 LA (see A2004-1\namdt 1.15); A2006-22 amdt 1.12 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.3; SL2010-32 s 9, s 13; A2012-40\namdt 3.11\nTransfer of private agency records to director-general\ns 12 hdg am A2011-22 amdt 1.26\ns 12 am A1999-64 sch 3\nsub A2005-54 amdt 1.4\nam SL2010-32 s 14; A2011-22 amdt 1.26\nMaintenance of records\ns 13 am A1999-64 sch 3\nsub A2009-36 amdt 1.2\nam A2011-22 amdt 1.26\nApplication for approval\ns 14 pars renum R2 LA\nam SL2010-32 s 13, s 14\nAlteration of objects, structure or trusts of private adoption agency\ns 15 am A1999-64 sch 3; A2011-22 amdt 1.26; A2016-18 amdt 3.9,\namdt 3.10\nPrincipal officer\ns 16 am A1999-64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26\nPeople acting for or on behalf of private adoption agency\ns 17 am A1999-64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26\nAdoption of overseas children or young people\ns 18 hdg am SL2010-32 s 14\ns 18 am SL2010-32 s 13, s 14\nPrivate adoption agencies not to breach Territory privacy principles\ns 21 sub A2005-54 amdt 1.5; A2014-49 amdt 1.2\nRegister of adoptions\ns 22 am A1993-64 sch 2; A2001-44 amdt 1.69\nRegistration\ns 23 am A1993-64 sch 2; A2001-44 amdts 1.70-1.72; SL2010-32\ns 10; A2025-29 amdt 4.7\nAccess to information from register of adoptions\ns 24 am A1993-64 sch 2; A2001-44 amdt 1.73-1.75; A2025-29\namdt 4.7\n\nEndnotes\n4 Amendment history\npage 34 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRe-registration of birth of adopted child or young person\ns 25 hdg am SL2010-32 s 13\ns 25 am A1993-64 sch 2; SL2010-32 s 11, s 13\nCorrection of errors in register of adoptions\ns 26 am A1993-64 sch 2\nCancellation of entries in register of adoptions\ns 27 am A1993-64 sch 2\nOffence to destroy etc register\ns 27A ins A2005-54 amdt 1.6\nOffence to re-register birth\ns 27B ins A2005-54 amdt 1.6\nam SL2010-32 s 13\nObligations of registrar-general\ns 28 hdg sub A2005-54 amdt 1.7\ns 28 am A1993-64 sch 2; A2005-54 amdt 1.8; SL2010-32 s 13\nMemoranda of orders sent to States and other Territories\ns 29 am A2001-44 amdts 1.76-1.78; SL2010-32 s 13\nReviewable decisions—Act, s 102, def reviewable decision\ns 30 am SL1994-7 sch 1; A1994-60 sch 2; A1999-64 sch 3\nsub A2008-37 amdt 1.15\nRight of review and notice—Act, s 103 and s 103A\ns 30A ins SL1994-7 sch 1\nam A1994-60 sch 2; A1999-64 sch 3\nsub A2008-37 amdt 1.15\nDetermination of fees\ns 31 om A2001-44 amdt 1.79\nRegistering officers\nsch 1 orig sch 1 om A2001-44 amdt 1.80\n(prev sch 2) renum as sch 1 A2001-44 amdt 1.81\nReviewable decisions\nsch 2 hdg note am A2011-22 amdt 1.26\nsch 2 orig sch 2 renum as sch 1\nins A2008-37 amdt 1.16\nam A2009-36 amdt 1.3; items renum R8 LA; SL2010-32 s 13;\nA2011-22 amdt 1.27\n\nEndnotes\nEarlier republications 5\nR15\n16/11/25\nAdoption Regulation 1993\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins SL2010-32 s 12\nam A2011-22 amdt 1.28; A2012-40 amdt 3.12; A2013-39\namdt 2.1 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\ndef adoption record reloc from s 3 SL2010-32 s 5\ndef primary witness reloc from s 3 SL2010-32 s 5\ndef register of adoptions reloc from s 3 SL2010-32 s 5\ndef secondary witness reloc from s 3 SL2010-32 s 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-60 31 January 1995\n2 A2001-44 11 April 2002\n3 A2004-1 22 March 2004\n4 A2004-1 3 November 2004\n5 A2005-54 24 November 2005\n6 A2008-14 19 May 2008\n7 A2008-37 2 February 2009\n8 A2009-36 22 April 2010\n9 SL2010-32 3 August 2010\n10 A2011-22 1 July 2011\n11 A2012-40 11 September 2012\n12 A2013-39 (never effective) 7 November 2013\n12 (RI) A2013-39 (never effective) ≠ 24 February 2014\n\nEndnotes\n5 Earlier republications\npage 36 Adoption Regulation 1993\nEffective: 16/11/25\nR15\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 A2014-49 17 November 2014\n14 A2016-18 27 April 2016\n≠ reissue because of High Court decision in relation to A2013-39\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This regulation operationalises and supplements the Adoption Act rather than expanding its substantive scope. Amendments over time have updated qualifications, privacy and record‑keeping standards and added certain offences (for example, strict liability offences and express privacy obligations [ss 12, 21, 27A–27B]), but these are consistent with implementing, clarifying and enforcing the Act’s procedures. The instrument remains an administrative implementation vehicle: it tightens procedural and evidentiary rules, raises compliance standards for private agencies, and updates cross‑references to other laws, rather than materially changing the Act’s core objectives or creating new substantive powers beyond those enabling implementation."},"complexity_factors":["Multiple cross‑references to other Acts (Adoption Act 1993, Legislation Act 2001, Criminal Code, Statutory Declarations Act 1959 (Cwlth), Consular Fees Act 1955 (Cwlth), Information Privacy Act 2014, Territory Records Act) increasing interpretive work across instruments","Several defined terms and a dictionary with terms carried over from the Adoption Act (eg adoption record, primary witness, register of adoptions)","Numerous conditional pathways (domestic vs foreign signing requirements, different witness categories for in‑Australia vs overseas signatures) in ss 7–9","Qualification and experience requirements with director‑general approval powers (ss 16–17) introduce discretionary assessments","Multiple strict liability offences (s 12(3), s 21(2), s 27A(2), s 27B(2)) meaning legal risk does not depend on fault","Detailed schedules: list of interstate registering officers (sch 1) and a non‑trivial list of reviewable administrative decisions and notice entitlements (sch 2)","Procedural rules about records: transfer, physical storage standard (lockable fire‑resistant cabinet), ‘reasonable security safeguards’ language (ss 12–13, 20) create both prescriptive and open‑ended obligations","Frequent cross‑linking to the Adoption Act for key definitions and functions (eg registerable decisions, who must be satisfied) requiring concurrent reading of primary legislation"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Sets the detailed administrative rules that put the Adoption Act 1993 into effect in the ACT. It specifies forms, information to be collected, who may witness and attest consents, how adoption records are to be kept and transferred, requirements for approval and operation of private adoption agencies, registration of adoptions and re‑registration of births, and a small number of criminal offences tied to adoption records (see ss 4–29, schs 1–2).\n\n**Who it affects**\n\n- Prospective adoptive applicants (what they must provide when asking to be registered as suitable) — see s 4.\n- Birth parents and guardians who sign instruments of consent — witness and statement rules in ss 5–9.\n- Private adoption agencies (rules for applying for approval, staffing qualifications, premises, record‑keeping, privacy obligations, and what to do if an agency closes or loses approval) — see ss 11–21, particularly ss 14–17 and 20–21.\n- The director‑general and registrar‑general (decision‑makers and record keepers responsible for approvals, records, registration and re‑registration) — see ss 11–13, 22–29.\n- Courts and interstate/territory registrars (procedures for registering interstate adoptions and exchanging memoranda) — see ss 23, 29.\n\n**Key operational requirements and effects**\n\n- Applications to be listed as suitable must supply personal, health, financial and family details; if the applicant is on another State/Territory adoption list they must say so (s 4). This places an information‑collection burden on applicants and creates a central record for suitability assessment.\n\n- Consent to adoption must be signed after being given a copy of the form at least 14 days earlier and must be accompanied by a signed statement showing parentage/guardianship and attested by both a primary and a secondary witness. The regulation prescribes who may act as those witnesses (including different categories for instruments signed overseas) and requires that the primary witness explain legal consequences and be satisfied the signatory understands them (ss 5–9). Mechanically, this raises the evidentiary standard intended to reduce uninformed or coerced consents.\n\n- Private adoption agencies must apply in writing and supply detailed corporate, governance, staffing, facilities and financial information to get approval (s 14). They must notify the director‑general if their objects, rules or trusts change (s 15).\n\n- Senior staff and people conducting negotiations or arrangements for adoptions must meet specified qualifications and experience (principal officer: approved tertiary qualification and 5 years’ relevant experience; other workers: approved social work course and 5 years’ practical experience with at least 3 years adoption‑relevant) — ss 16–17. These are entry barriers that make compliance an explicit cost of operating a private adoption agency.\n\n- Agencies must keep adoption records secure (lockable fire‑resistant cabinet for agency records; reasonable safeguards against loss, unauthorised access, modification, disclosure for any records) and must transfer records to the director‑general if the agency ceases or loses approval (ss 12, 13, 20). Failure to transfer is a strict liability offence carrying a small penalty (s 12(2) and s 12(3)).\n\n- Agencies are explicitly required not to breach the Territory privacy principles in the Information Privacy Act 2014; breach is a strict liability offence (s 21). That imports the TPPs as a compliance standard for private agencies.\n\n- The registrar‑general keeps the register of adoptions, must index it, register adoption memoranda and interstate adoption orders, correct errors, cancel false entries (with Attorney‑General approval for cancellation), and re‑register births of ACT‑born adopted children (ss 22–28). Access to the register is tightly limited (court order, properly required for Family Law Act 1975 proceedings, or under limited provisions in s 24). There are offences for destroying or improperly re‑registering births (ss 27A–27B).\n\n- Schedules list the interstate officers to receive memoranda (sch 1) and identify reviewable administrative decisions and who gets notice (sch 2). Those schedules set the channels for interjurisdictional record flow and internal administrative review rights.\n\n**Why it matters (claimed purpose and practical implications)**\n\n- The regulation supplies operational detail the Adoption Act leaves out (who may witness consent, what data to collect, what qualifications staff must have, how records are kept). The stated purpose in the Act is to ensure appropriate safeguards around consent, agency operation, and record integrity; the regulation implements those safeguards.\n\n- Practical trade‑offs and costs: the regulation increases compliance costs for private agencies (detailed applications, governance disclosures, minimum staff qualifications, premises restrictions, secure storage, and privacy obligations) (ss 14–21). These costs are borne by agencies and ultimately by prospective adoptive parents (through fees or reduced supply of agency services). They can raise the barrier to new or smaller providers, concentrating opportunities on better‑resourced charitable organisations (ss 14, 16–17, 19). The director‑general’s approval powers and discretion to approve qualifications, courses and social workers (ss 16–17, 7) concentrate decision‑making in the public administration, which creates implementation risk where standards are ambiguous.\n\n- Privacy and record security: centralising records with obligations on agencies to transfer and protect them (ss 12, 13, 20, 21) reduces risk of loss or misuse of sensitive personal data, but creates compliance and storage costs and legal risk because several offences are strict liability (ss 12(3), 21(2), 27A(2), 27B(2)). Strict liability shifts the risk of prosecution to the agency or individual even where fault is absent.\n\n- Access and individual choice: the rules limit public access to adoption registers (s 24) while providing mechanisms for adopted persons born overseas to obtain certificates (s 24(2)). That balances privacy and evidentiary needs but reduces the scope for third‑party searches except in specified circumstances.\n\n- Effects on private choice and competition: qualification and non‑residence requirements (ss 16–19) restrict who can lawfully operate an agency or act for one. That reduces the set of potential providers and limits informal or ad hoc facilitation of adoptions.\n\n**Who pays, who decides and what behaviour changes**\n\n- Who pays: private adoption agencies bear most compliance costs (application preparation, staff recruitment, premises, secure storage, privacy compliance) (ss 14–21). Prospective applicants and birth parents bear the burden of producing detailed personal information and complying with consent formalities (s 4; ss 5–9). The Territory (registrar‑general, director‑general) bears administrative costs for maintaining registers and enforcing rules (ss 22–29).\n\n- Who decides: the director‑general authorises agencies, approves courses and social worker approvals in some cases (ss 7(2)(a)(iv), 14, 16–17). The registrar‑general controls registration and re‑registration of births and the register (ss 22–28). The Attorney‑General must approve cancellations of entries in certain cases (s 27(2)(b)).\n\n- Behaviour changes: prospective agencies will formalise governance and staff qualifications, avoid residential operations, improve record security, and comply with privacy obligations. Applicants and birth parents will follow formal consent procedures with witnesses and waiting periods. Registrar processes centralise documents and limit access.\n\n**Implementation risks and administrative discretion**\n\n- The regulation gives the director‑general discretion to approve qualifications, social work courses and to authorise social workers (ss 7(2)(a)(iv), 16–17). That discretion, combined with non‑prescriptive phrases like “reasonable security safeguards” (s 20), creates implementation uncertainty for agencies.\n\n- Strict liability offences for record transfer and privacy breaches (ss 12(3), 21(2), 27A(2), 27B(2)) increase legal exposure for agencies and individuals and may encourage conservative compliance behaviour.\n\n**Selected section references**: information requirements (s 4); consent form and timing (ss 5–6); witness categories and functions (ss 7–9); particulars to director‑general after adoption (s 11); record transfer (s 12); record security (ss 13, 20); agency approval and application contents (s 14); staff qualifications/experience (ss 16–17); privacy obligations (s 21); registration/re‑registration and access to registers (ss 22–25); offences about registers (ss 27A–27B); interstate registering officers (sch 1); reviewable decisions (sch 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation remains focused on its original purpose of operationalising the Adoption Act 1993. While it has been amended numerous times over 32 years (including updates for privacy laws, civil unions, and criminal code harmonisation), these changes reflect evolutionary updates rather than scope creep. The core functions—consent procedures, record keeping, agency regulation, and registration—remain consistent with the original 1993 framework."},"complexity_factors":["32 years of amendment history with 20+ amending instruments, creating layering of provisions","Extensive cross-referencing to the Adoption Act 1993 (the parent Act) requiring dual reading","Multiple defined terms in the Dictionary (5 specific definitions plus incorporation of Act definitions)","Conditional logic for witnesses depending on location (Australia vs foreign country)","Strict liability offences (sections 12, 21, 27A, 27B) with specific penalty units","Schedule-based administrative details (Schedule 1 lists registering officers by jurisdiction; Schedule 2 lists 18 categories of reviewable decisions)","Transitional provisions preserving pre-1993 adoption records and orders"],"plain_english_summary":"This regulation sets out how adoptions are run in the ACT, covering who may adopt, how birth parents must give informed consent, how adoptions are registered, and strict record-keeping and privacy rules. It affects prospective adoptive parents, birth parents, private adoption agencies and government registries, and matters because it safeguards consent, preserves records and limits access while imposing qualifications and oversight for agencies."}},"importantCases":[],"_links":{"self":"/api/acts/adoption-regulation-1993","history":"/api/acts/adoption-regulation-1993/history","analysis":"/api/acts/adoption-regulation-1993/analysis","conflicts":"/api/acts/adoption-regulation-1993/conflicts","importantCases":"/api/acts/adoption-regulation-1993/important-cases","documents":"/api/acts/adoption-regulation-1993/documents"}}