{"id":"F1998B00230","name":"Family Law (Hague Convention on Intercountry Adoption) Regulations 1998","slug":"family-law-hague-convention-on-intercountry-adoption-regulations-1998","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"249 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30176,"registerId":"commonwealth-F1998B00230-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n  These Regulations are made under the Family Law Act 1975.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including the following:\n\n    (a) court;\n    (b) Territory.\n  (1) In these Regulations:\n\n> accredited body means a body accredited, under the laws of a State and in accordance with the Commonwealth‑State agreement, as an accredited body for the Convention.\n\n> Act means the Family Law Act 1975.\n\n> adoption compliance certificate means a certificate issued in accordance with article 23 of the Convention.\n\n> Bureau means the Permanent Bureau of the Hague Conference on Private International Law.\n\n> Central Authority means a person or office designated for a Convention country under article 6 of the Convention.\n\n> child means an individual who is under 18 years.\n\n> Commonwealth Central Authority has the meaning given by regulation 5.\n\n> Commonwealth‑State agreement means the “Commonwealth‑State agreement for the implementation of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption”:\n\n    (a) made between the Commonwealth and the States and Territories; and\n    (b) that commenced operation on 9 April 1998.\n\n> Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption:\n\n    (a) mentioned in subsection 111C(1) of the Act; and\n    (b) a copy of the English text of which is set out in Schedule 1.\n\n> Convention country has the meaning given by regulation 4.\n\n> parental responsibility, in relation to a child, has the same meaning as in section 61B of the Act.\n\n> receiving State has the same meaning as in article 2 of the Convention.\n\n> State includes Territory.\n\n> State Central Authority has the meaning given by regulation 8.\n\n> State of origin has the same meaning as in article 2 of the Convention.\n\n> working day means a day that is not a Saturday, Sunday or public holiday.\n\n  (2) A reference in these Regulations to a form by number is a reference to the form so numbered in Schedule 3.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Headings of certain documents","content":"#### 3A Headings of certain documents\n\n  A document to be filed in, or issued out of, a court in proceedings that is in a form set out in Schedule 3:\n    (a) must be headed in accordance with Form 1; and\n    (b) may identify the proceedings in accordance with the rules of the court.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Convention countries","content":"#### 4 Convention countries\n\n  Subject to article 45 of the Convention, each of the following countries is a Convention country:\n    (a) a country mentioned in Schedule 2, on and from the date mentioned in relation to the country;\n    (b) any other country for which the Convention has entered into force, other than:\n    (i) Australia; and\n    (ii) a country against whose accession Australia has raised an objection under article 44 of the Convention.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commonwealth and State Central Authorities","content":"## Part 2—Commonwealth and State Central Authorities","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Commonwealth Central Authority","content":"#### 5 Commonwealth Central Authority\n\n  For article 6 of the Convention, the Secretary to the Department is designated:\n    (a) the Commonwealth Central Authority; and\n    (b) the Central Authority to which communication from a country other than Australia may be addressed.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Functions etc of Commonwealth Central Authority","content":"#### 6 Functions etc of Commonwealth Central Authority\n\n  (1) The functions of the Commonwealth Central Authority are to do, or to coordinate the doing of, anything that is necessary:\n    (a) to enable the performance of Australia’s obligations under the Convention; or\n    (b) to obtain for Australia any advantage or benefit under the Convention.\n  (2) For subregulation (1), the functions of the Commonwealth Central Authority include the following:\n    (a) cooperating with Central Authorities outside Australia on matters relating to the administration and implementation of the Convention;\n    (b) consulting State Central Authorities to get information for determining whether Australia is meeting its obligations under the Convention;\n    (c) to the extent that the legislation and administrative practices of States do not ensure that Australia meets its obligations under the Convention—preparing legislation to ensure that Australia meets those obligations;\n    (d) receiving advice from a State Central Authority that a provision of the Convention has not been respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;\n    (e) receiving advice from a State Central Authority that there is a serious risk that a provision of the Convention may not be respected in the State, and ensuring with the State Central Authority that appropriate measures are taken to ensure compliance with the provision;\n    (f) consulting State Central Authorities on matters relating to intercountry adoption.\n  (3) However, the functions of the Commonwealth Central Authority do not include the following:\n    (a) processing the day‑to‑day casework involved in a particular adoption;\n    (b) approving an application for the adoption of a child;\n    (c) giving consent to the adoption of a child;\n    (d) a function reserved, under the Commonwealth‑State agreement, for a State or State Central Authority;\n    (e) accrediting a body for the Convention.\n  (4) The functions of the Commonwealth Central Authority under this regulation are additional to its other functions under these Regulations.\n  (5) Subject to subregulation (3), the Commonwealth Central Authority:\n    (a) has all of the duties of a Central Authority under the Convention; and\n    (b) may exercise all of the powers of a Central Authority under the Convention.\n  (6) If the exercise by the Commonwealth Central Authority of one of its functions (the Commonwealth function) would affect the exercise of a function of a State Central Authority, the Commonwealth Central Authority must consult the State Central Authority about the exercise of the Commonwealth function before it is exercised.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Notice of designation of Commonwealth Central Authority","content":"#### 7 Notice of designation of Commonwealth Central Authority\n\n  (1) As soon as practicable after the commencement of these Regulations, the Commonwealth Central Authority must tell the Bureau, in writing, the Commonwealth Central Authority’s name, address and functions.\n  (2) As soon as practicable after a change to the name, address or functions of the Commonwealth Central Authority, the Commonwealth Central Authority must tell the Bureau, in writing, about the change.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"State Central Authorities","content":"#### 8 State Central Authorities\n\n  (1) The State Central Authority for a State is the person:\n    (a) so designated by the State (if it has the capacity to do so) and notified to the Commonwealth Central Authority under subregulation 10(1); or\n    (b) if a person is not designated under paragraph (a)—so designated by the Commonwealth, under regulation 9.\n  (2) A State Central Authority designated under regulation 9 ceases to be a State Central Authority under that regulation if the State concerned:\n    (a) designates a State Central Authority for the State; and\n    (b) tells the Commonwealth Central Authority about the designation under subregulation 10(1).","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"State Central Authorities—designation by Commonwealth","content":"#### 9 State Central Authorities—designation by Commonwealth\n\n  (1) The Attorney‑General of the Commonwealth may designate a person, in writing, as State Central Authority of a State for these Regulations.\n  (2) A person designated must be:\n    (a) the State Minister administering the laws of that State relating to adoptions; or\n    (b) a person holding, or for the time being performing the duties of, the office, in the department or service responsible for the administration of adoptions in the State, that supervises the conduct of those adoptions.\n  (3) A designation may be expressed to have effect only in the circumstances mentioned in the instrument of designation.\n  (4) As soon as practicable after the Attorney‑General designates a State Central Authority, the Attorney‑General must publish a notice of the designation in the Gazette.\n  (5) In this regulation, State Minister means:\n    (a) for a State—a Minister of the Crown for the State; and\n    (b) for a Territory—a Minister of the Crown for the Territory.\n\n> Note: Subregulations 9(1) and (2) do not necessarily apply to all States—see regulation 34.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Notice of designation of State Central Authority","content":"#### 10 Notice of designation of State Central Authority\n\n  (1) As soon as practicable after a State designates a State Central Authority, the State must tell the Commonwealth Central Authority, in writing, the name, address and functions of the State Central Authority.\n  (2) As soon as practicable after a change to the name, address or functions of a State Central Authority, the State concerned must tell the Commonwealth Central Authority, in writing, about the change.\n  (3) As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1) or (2), it must give the Bureau the information, in writing.\n  (4) As soon as practicable after the Commonwealth Central Authority is told about a designation under subregulation (1), it must also publish a notice of the designation in the Gazette.\n  (5) If a State to which subregulation (1) or (2) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (3) and (4) as if the information were given under the subregulation.\n\n> Note: Subregulations 10(1) and (2) do not necessarily apply to all States—see regulation 34.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"State Central Authorities and accredited bodies","content":"#### 11 State Central Authorities and accredited bodies\n\n  For these Regulations, a State Central Authority of a State is taken to have carried out a function if the function is carried out by an accredited body of the State.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Accredited bodies","content":"## Part 3—Accredited bodies","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Notice of accreditation","content":"#### 12 Notice of accreditation\n\n  (1) As soon as practicable after a State Central Authority accredits a body, the State Central Authority must tell the Commonwealth Central Authority, in writing:\n    (a) the name, address, duties and powers of the accredited body; and\n    (b) the conditions of the accreditation.\n  (2) As soon as practicable after a change to the name, address, duties or powers of an accredited body, the State Central Authority that accredited the body must tell the Commonwealth Central Authority, in writing, about the change.\n  (3) As soon as practicable after a change to the conditions of an accreditation, the State Central Authority that accredited the body must tell the Commonwealth Central Authority, in writing, about the change.\n  (4) As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1), (2) or (3), it must give the Bureau the information, in writing.\n  (5) As soon as practicable after the Commonwealth Central Authority is told about an accreditation, it must also publish a notice of the accreditation in the Gazette.\n  (6) If a State to which subregulation (1), (2) or (3) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (4) and (5) as if the information were given under the subregulation.\n\n> Note: Subregulations 12(1), (2) and (3) do not necessarily apply to all States—see regulation 34.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Notice of revocation","content":"#### 13 Notice of revocation\n\n  (1) As soon as practicable after a State Central Authority revokes the accreditation of a body, the State Central Authority must tell the Commonwealth Central Authority, in writing, about the revocation.\n  (2) As soon as practicable after the Commonwealth Central Authority is given information under subregulation (1):\n    (a) it must give the Bureau the information, in writing; and\n    (b) it must publish a notice of the revocation in the Gazette.\n  (3) If a State to which subregulation (1) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulation (2) as if the information were given under subregulation (1).\n\n> Note: Subregulation 13(1) does not necessarily apply to all States—see regulation 34.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Court orders and recognition of adoption","content":"## Part 4—Court orders and recognition of adoption","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Adoption of Australian child into a Convention country","content":"#### 14 Adoption of Australian child into a Convention country\n\n  (1) This regulation applies if arrangements for the adoption of a child, who is habitually resident in Australia, by a person who is, or persons who are, habitually resident in a Convention country, are made in accordance with:\n    (a) the Convention; and\n    (b) the laws of the Commonwealth and the State in which the child is habitually resident; and\n    (c) the laws of the Convention country.\n  (2) The person or persons proposing to adopt the child must apply to a court for an order that the child be adopted by the person or persons.\n  (2A) The application must:\n    (a) be in accordance with Form 3; and\n    (b) include an affidavit in accordance with Form 2.\n  (2B) At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State where the child who is the subject of the application habitually resides.\n  (2C) As soon as practicable, the State Central Authority must give notice, in accordance with Form 4, of the application to any person of whom the Authority is aware as having an interest in whether the application is granted.\n  (2D) A person to whom the notice is given:\n    (a) no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the person wishes to rely in support of the court making an order other than the order sought in the application; and\n    (b) must include with that statement an affidavit in accordance with Form 2.\n  (2E) As soon as practicable before the court hearing, the applicant, or applicants, may file with the court a reply to a statement filed under subregulation (2D), being a reply that:\n    (a) is in accordance with Form 6; and\n    (b) includes an affidavit in accordance with Form 2.\n  (2F) An order made by the court must be in accordance with Form 7.\n  (3) The court may make the order only if it is satisfied that:\n    (a) the Central Authority of the Convention country has agreed to the adoption of the child; and\n    (b) the State Central Authority of the State in which the child habitually resides has agreed to the adoption of the child; and\n    (c) the adoption is in the best interests of the child.\n  (4) However, the court must not make the order if:\n    (a) the child is not in Australia; or\n    (b) the child is not allowed to leave Australia:\n    (i) under a law of the Commonwealth or a State; or\n    (ii) because of an order of a court of the Commonwealth or a State.\n  (5) The best interests of a child must be determined in accordance with section 68F of the Act.\n\n> Note: This regulation does not necessarily apply to all States—see regulation 34.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Adoption in Australia of a child from a Convention country","content":"#### 15 Adoption in Australia of a child from a Convention country\n\n  (1) This regulation applies in relation to an adoption that is to be granted in Australia, of a child who is habitually resident in a Convention country, by a person who is, or persons who are, habitually resident in Australia, if arrangements for the adoption are made in accordance with:\n    (a) the Convention; and\n    (b) the laws of the Commonwealth and the State of habitual residence of the person or persons proposing to adopt the child; and\n    (c) the laws of the Convention country.\n  (2) The person or persons proposing to adopt the child must apply to a court for an order that the child be adopted by the person or persons.\n  (2A) The application must:\n    (a) be in accordance with Form 3; and\n    (b) include an affidavit in accordance with Form 2.\n  (2B) At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State:\n    (a) if the application is made by 1 applicant—where the applicant habitually resides; or\n    (b) if the application is made by more than 1 applicant—where the applicants habitually reside.\n  (2C) The State Central Authority:\n    (a) no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the Authority wishes to rely in support of the court making an order other than the order sought in the application; and\n    (b) must include with that statement an affidavit in accordance with Form 2.\n  (2D) As soon as practicable before the court hearing, the applicant, or applicants, may file with the court a reply to a statement filed under subregulation (2C), being a reply that:\n    (a) is in accordance with Form 6; and\n    (b) includes an affidavit in accordance with Form 2.\n  (2E) An order made by the court must be in accordance with Form 8.\n  (3) The court may make the order only if it is satisfied that:\n    (a) the Central Authority of the Convention country has agreed to the adoption of the child; and\n    (b) the State Central Authority of the State in which the applicant or applicants habitually reside has agreed to the adoption of the child; and\n    (c) the child is allowed to reside permanently in Australia.\n  (4) However, the court must not make the order if the child is not in Australia.\n  (5) For paragraph (3)(c), a child is not allowed to reside permanently in Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so residing.\n\n> Note 1: This regulation does not necessarily apply to all States—see regulation 34.\n\n> Note 2: If a child to whom an application relates enters Australia before the application is determined, the child may be subject, while the application is being considered, to the Immigration (Guardianship of Children) Act 1946. Legislation of the State in which an application is made may also have consequences for the child concerned.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Adoption of a child from a Convention country to Australia","content":"#### 16 Adoption of a child from a Convention country to Australia\n\n  (1) This regulation applies if:\n    (a) an adoption, by a person who is habitually resident in Australia, of a child who is habitually resident in a Convention country is granted in that country; and\n    (b) an adoption compliance certificate issued in that country is in force for the adoption.\n  (2) Subject to regulation 22, the adoption is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the certificate becomes effective.\n\n> Note: This regulation does not necessarily apply to all States—see regulation 34.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Adoption of a child from a Convention country to another Convention country","content":"#### 17 Adoption of a child from a Convention country to another Convention country\n\n  (1) This regulation applies if:\n    (a) a child, who is habitually resident in a Convention country, is adopted by a person who is habitually resident in another Convention country; and\n    (b) an adoption compliance certificate issued in the Convention country in which the adoption is granted is in force for the adoption.\n  (2) Subject to regulation 22, the adoption is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the certificate becomes effective.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Effect of recognition of an adoption","content":"#### 18 Effect of recognition of an adoption\n\n  Recognition of the adoption of a child includes, for the laws of the Commonwealth and each State, recognition that under those laws:\n    (a) the relationship between the child and each of the child’s adoptive parents is the relationship of child and parent; and\n    (b) each adoptive parent of the child has parental responsibility for the child; and\n    (c) if the laws of the Convention country where the adoption was granted provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents—the relationship is terminated; and\n    (d) the child has the same rights as a child who is adopted under the laws of a State.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Evidential value of adoption compliance certificate","content":"#### 19 Evidential value of adoption compliance certificate\n\n  Subject to regulation 22, an adoption compliance certificate is evidence, for the laws of the Commonwealth and each State, that the adoption to which the certificate relates:\n    (a) was agreed to by the Central Authorities of the countries mentioned in the certificate; and\n    (b) was carried out in accordance with the Convention and the laws of the countries mentioned in the certificate.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Order terminating legal relationship between child and parents","content":"#### 20 Order terminating legal relationship between child and parents\n\n  (1) This regulation applies if:\n    (a) an adoption, by a person who is habitually resident in Australia, of a child who is habitually resident in a Convention country is granted in that country; and\n    (b) the laws of the Convention country do not provide that the adoption of the child terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents (the pre‑adoption parents).\n  (2) The person may apply to a court for an order that the adoption of the child terminates the legal relationship between the child and the pre‑adoption parents.\n  (2A) The application must:\n    (a) be in accordance with Form 3; and\n    (b) include an affidavit in accordance with Form 2.\n  (2B) At the same time as the application is made, the applicant, or applicants, must give a copy of the application to the State Central Authority for the State:\n    (a) if the application is made by 1 applicant—where the applicant habitually resides; or\n    (b) if the application is made by more than 1 applicant—where the applicants habitually reside.\n  (2C) As soon as practicable, the State Central Authority must give notice, in accordance with Form 4, of the application to the Minister for Immigration and Multicultural Affairs at the principal office of the Department of Immigration and Multicultural Affairs in Canberra.\n  (2D) The Minister for Immigration and Multicultural Affairs:\n    (a) no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the Minister wishes to rely in support of the court making an order other than the order sought in the application; and\n    (b) must include with that statement an affidavit in accordance with Form 2.\n  (2E) As soon as practicable before the court hearing, the applicant, or applicants may file with the court a reply to a statement filed under subregulation (2D), being a reply that:\n    (a) is in accordance with Form 6; and\n    (b) includes an affidavit in accordance with Form 2.\n  (2F) An order made by the court must be in accordance with Form 9.\n  (3) The court may make the order only if it is satisfied that:\n    (a) an adoption compliance certificate issued in the Convention country is in force for the adoption; and\n    (b) the laws of the Convention country do not provide that the adoption of a child terminates the legal relationship between the child and the pre‑adoption parents; and\n    (c) the child is allowed:\n    (i) to enter Australia; and\n    (ii) to reside permanently in Australia.\n  (4) For paragraph (3)(c), a child is not allowed to enter, or reside permanently in, Australia if the child is affected by a law of the Commonwealth, or of a State, or by an order of a Commonwealth or State court, the effect of which is to prevent the child from so entering or residing.\n\n> Note: This regulation does not necessarily apply to all States—see regulation 34.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Decision in a Convention country to convert an adoption","content":"#### 21 Decision in a Convention country to convert an adoption\n\n  (1) Subject to regulation 22, if a decision is made in a Convention country to convert the adoption of a child, in accordance with article 27 of the Convention, the decision is recognised and effective, for the laws of the Commonwealth and each State, on and from the day the decision becomes effective.\n  (2) Recognition of the decision includes, for the laws of the Commonwealth and each State, recognition that under those laws, the decision terminates the legal relationship between the child and the individuals who were, immediately before the adoption, the child’s parents.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Refusal to recognise an adoption or an article 27 decision","content":"#### 22 Refusal to recognise an adoption or an article 27 decision\n\n  (1) This regulation applies if a State Central Authority considers that an adoption, or a decision made in accordance with article 27 of the Convention, is manifestly contrary to public policy, taking into account the best interests of the child to whom the adoption or decision relates.\n  (2) The State Central Authority may apply to a court for a declaration that the adoption or decision is not recognised.\n  (2A) The application must:\n    (a) be in accordance with Form 3; and\n    (b) include an affidavit in accordance with Form 2.\n  (2B) At the same time as the application is made, the State Central Authority must give notice, in accordance with Form 4, of the application to:\n    (a) the adoptive parents, or adoptive parent, of the child to whom the adoption or decision relates; and\n    (b) the Minister for Immigration and Multicultural Affairs at the principal office of the Department of Immigration and Multicultural Affairs in Canberra.\n  (2C) A person to whom notice of the application is given:\n    (a) no later than 5 working days before the court hearing, may file with the court a statement in accordance with Form 5 that sets out briefly the matters on which the person wishes to rely in support of the court making an order other than the order sought in the application; and\n    (b) must include with that statement an affidavit in accordance with Form 2.\n  (2D) As soon as practicable before the court hearing, the State Central Authority may file with the court a reply to a statement filed under subregulation (2C), being a reply that:\n    (a) is in accordance with Form 6; and\n    (b) includes an affidavit in accordance with Form 2.\n  (2E) An order made by the court must be in accordance with Form 10.\n  (3) If a court declares that it does not recognise the adoption or decision, the adoption or decision (as the case requires) has no effect for the laws of the Commonwealth and each State.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Notice of application under regulation 22","content":"#### 23 Notice of application under regulation 22\n\n  (1) If a State Central Authority applies to a court for a declaration under regulation 22, the State Central Authority must, as soon as practicable, tell the Commonwealth Central Authority, in writing, about the application and its reasons for making the application.\n  (2) When the Commonwealth Central Authority is given information under subregulation (1), it must, as soon as practicable:\n    (a) give the Bureau and the Central Authorities of the State of origin and the receiving State the information, in writing; and\n    (b) invite those Central Authorities to make submissions to the court about the application.\n  (3) As soon as practicable after the court has decided the application, the Commonwealth Central Authority must tell the Bureau, in writing, about the decision.\n  (4) If a State to which subregulation (1) does not apply gives the Commonwealth Central Authority information of a kind mentioned in the subregulation, the Commonwealth Central Authority must comply with subregulations (2) and (3) as if the information were given under subregulation (1).\n\n> Note: Subregulation (1) does not necessarily apply to all States—see regulation 34.","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Jurisdiction of courts","content":"## Part 5—Jurisdiction of courts","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of arising in a State or Territory","content":"#### 24 Meaning of arising in a State or Territory\n\n  For this Part, a matter to which a provision of Part 4 applies arises in a State if the adoptive parents, or prospective adoptive parents, concerned are habitually resident in that State.","sortOrder":29},{"sectionNumber":"24A","sectionType":"section","heading":"Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)","content":"#### 24A Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in a matter to which a provision of Part 4 applies.\n  (2) If jurisdiction is invested, in the matter, in a court of a State under a law of the State, the Federal Circuit and Family Court of Australia (Division 2) is divested of jurisdiction in the matter.\n  (3) Subregulation (2) does not have effect in relation to:\n    (a) proceedings instituted in the Federal Circuit and Family Court of Australia (Division 2) before the day on which jurisdiction in the matter is invested in the State court; or\n    (b) proceedings on appeal from a decision of the Court in proceedings mentioned in paragraph (a).\n\n24B Appeals to the Federal Circuit and Family Court of Australia (Division 1)\n\n  (1) An appeal may be made to the Federal Circuit and Family Court of Australia (Division 1) from:\n    (a) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising original jurisdiction; or\n    (b) a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1) exercising appellate jurisdiction; or\n    (c) a decision of the Federal Circuit and Family Court of Australia (Division 2) exercising jurisdiction under subregulation 24A(1).\n  (2) The appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) is to be exercised:\n    (a) if the appeal is from a decision of a single judge of the Federal Circuit and Family Court of Australia (Division 1)—by a Full Court of the Federal Circuit and Family Court of Australia (Division 1); or\n    (b) if the appeal is from a decision of the Federal Circuit and Family Court of Australia (Division 2)—by a single Judge of the Federal Circuit and Family Court of Australia (Division 1) unless the Chief Justice directs that the application be heard and determined by a Full Court.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Jurisdiction of courts—New South Wales","content":"#### 25 Jurisdiction of courts—New South Wales\n\n  (1) The Supreme Court of New South Wales is invested with federal jurisdiction in matters arising in New South Wales to which a provision of Part 4 applies.\n  (2) An appeal from a decision of the Supreme Court of New South Wales constituted by a single judge, exercising jurisdiction under subregulation (1), may be made to the Court of Appeal of that Court.\n  (3) The Court of Appeal of the Supreme Court of New South Wales is invested with federal jurisdiction for appeals instituted under subregulation (2).","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Jurisdiction of courts—Victoria","content":"#### 26 Jurisdiction of courts—Victoria\n\n  (1) The following courts of Victoria are invested with federal jurisdiction in matters arising in Victoria to which a provision of Part 4 applies:\n    (a) the County Court;\n    (b) the Supreme Court of Victoria.\n  (2) An appeal from a decision of the County Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Victoria.\n  (3) The Supreme Court of Victoria is invested with federal jurisdiction for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of Victoria constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.\n  (5) The Court of Appeal of the Supreme Court of Victoria is invested with federal jurisdiction for appeals instituted under subregulation (4).","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Jurisdiction of courts—Queensland","content":"#### 27 Jurisdiction of courts—Queensland\n\n  (1) The following courts of Queensland are invested with federal jurisdiction in matters arising in Queensland to which a provision of Part 4 applies:\n    (a) the Children’s Court;\n    (b) the Supreme Court of Queensland.\n  (2) An appeal from a decision of the Children’s Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Queensland.\n  (3) The Supreme Court of Queensland is invested with federal jurisdiction for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of Queensland constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.\n  (5) The Court of Appeal of the Supreme Court of Queensland is invested with federal jurisdiction for appeals instituted under subregulation (4).","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Jurisdiction of courts—South Australia","content":"#### 28 Jurisdiction of courts—South Australia\n\n  (1) The following courts of South Australia are invested with federal jurisdiction in matters arising in South Australia to which a provision of Part 4 applies:\n    (a) the Youth Court of South Australia;\n    (b) the Supreme Court of South Australia.\n  (2) An appeal from a decision of the Youth Court of South Australia, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of South Australia.\n  (3) The Supreme Court of South Australia is invested with federal jurisdiction for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of South Australia constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Full Court of that Court.\n  (5) The Full Court of the Supreme Court of South Australia is invested with federal jurisdiction for appeals instituted under subregulation (4).","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Jurisdiction of Family Court of Western Australia—Western Australia, Christmas Island and Cocos (Keeling) Islands","content":"#### 29 Jurisdiction of Family Court of Western Australia—Western Australia, Christmas Island and Cocos (Keeling) Islands\n\n  (1) The Family Court of Western Australia is invested with federal jurisdiction in matters:\n    (a) arising in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and\n    (b) to which a provision of Part 4 applies.\n  (2) An appeal from a decision of the Family Court of Western Australia, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Western Australia.\n  (3) The Supreme Court of Western Australia is invested with federal jurisdiction for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of Western Australia constituted by a single judge, exercising jurisdiction under subregulation (3), may be made to the Full Court of that Court.\n  (5) The Full Court of the Supreme Court of Western Australia is invested with federal jurisdiction for appeals instituted under subregulation (4).","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Jurisdiction of courts—Tasmania","content":"#### 30 Jurisdiction of courts—Tasmania\n\n  (1) The following courts of Tasmania are invested with federal jurisdiction in matters arising in Tasmania to which a provision of Part 4 applies:\n    (a) a court constituted by a magistrate sitting alone;\n    (b) the Supreme Court of Tasmania.\n  (2) An appeal from a decision of a court constituted by a magistrate sitting alone, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Tasmania.\n  (3) The Supreme Court of Tasmania is invested with federal jurisdiction for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of Tasmania constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Full Court of that Court.\n  (5) The Full Court of the Supreme Court of Tasmania is invested with federal jurisdiction for appeals instituted under subregulation (4).","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Jurisdiction of courts—Australian Capital Territory, Jervis Bay Territory, Heard and McDonald Islands and Australian Antarctic Territory","content":"#### 31 Jurisdiction of courts—Australian Capital Territory, Jervis Bay Territory, Heard and McDonald Islands and Australian Antarctic Territory\n\n  (1) Jurisdiction is conferred on the Supreme Court of the Australian Capital Territory in matters:\n    (a) arising in the Australian Capital Territory, the Jervis Bay Territory, the Territory of Heard and McDonald Islands or the Australian Antarctic Territory; and\n    (b) to which a provision of Part 4 applies.\n  (2) An appeal from a decision of the Supreme Court of the Australian Capital Territory constituted by a single judge, exercising jurisdiction under subregulation (1), may be made to the Full Court of the Federal Court of Australia.\n  (3) Jurisdiction is conferred on the Full Court of the Federal Court of Australia for appeals instituted under subregulation (2).","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Jurisdiction of courts—Northern Territory and Ashmore and Cartier Islands","content":"#### 32 Jurisdiction of courts—Northern Territory and Ashmore and Cartier Islands\n\n  (1) Jurisdiction is conferred on the following courts of the Northern Territory in matters arising in the Northern Territory or the Territory of Ashmore and Cartier Islands to which a provision of Part 4 applies:\n    (a) the Local Court;\n    (b) the Supreme Court of the Northern Territory of Australia.\n  (2) An appeal from a decision of the Local Court, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of the Northern Territory of Australia.\n  (3) Jurisdiction is conferred on the Supreme Court of the Northern Territory of Australia for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of the Northern Territory of Australia constituted by a single judge, exercising jurisdiction under subregulation (1) or (3), may be made to the Court of Appeal of that Court.\n  (5) Jurisdiction is conferred on the Court of Appeal of the Supreme Court of the Northern Territory of Australia for appeals instituted under subregulation (4).","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Jurisdiction of courts—Norfolk Island and the Coral Seas Islands Territory","content":"#### 33 Jurisdiction of courts—Norfolk Island and the Coral Seas Islands Territory\n\n  (1) Jurisdiction is conferred on the Court of Petty Sessions of Norfolk Island in matters:\n    (a) arising on Norfolk Island or in the Coral Seas Islands Territory; and\n    (b) to which a provision of Part 4 applies.\n  (2) An appeal from a decision of the Court of Petty Sessions of Norfolk Island, exercising jurisdiction under subregulation (1), may be made to the Supreme Court of Norfolk Island.\n  (3) Jurisdiction is conferred on the Supreme Court of Norfolk Island for appeals instituted under subregulation (2).\n  (4) An appeal from a decision of the Supreme Court of Norfolk Island constituted by a single Judge, exercising jurisdiction under subregulation (3), may be made to the Full Court of the Federal Court of Australia.\n  (5) Jurisdiction is conferred on the Full Court of the Federal Court of Australia for appeals instituted under subregulation (4).","sortOrder":39},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"## Part 6—Miscellaneous","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Application","content":"#### 34 Application\n\n  (1) A provision of these Regulations, except Regulations 5, 6, 7, 8, 9, 12 and 13, does not apply to a State in which there is in force a law (an intercountry adoption law) having the same effect as, or comparable effect to, that which the provision would, except for this regulation, have for the State.\n  (2) Nothing in these Regulations affects:\n    (a) the jurisdiction of a court of the Commonwealth or a State, or the power of an authority, under an intercountry adoption law to entertain proceedings, make an order or take any other action in relation to an intercountry adoption; or\n    (b) any such order or action; or\n    (c) the operation, within a State, of an intercountry adoption law of the State.","sortOrder":41},{"sectionNumber":"Form 1—Heading of documents for use in c","sectionType":"part","heading":"Form 1—Heading of documents for use in court proceedings","content":"## Form 1—Heading of documents for use in court proceedings\n\n(regulation 3A)","sortOrder":42},{"sectionNumber":"Family Law (Hague Convention on Intercou","sectionType":"schedule","heading":"Family Law (Hague Convention on Intercountry Adoption) Regulations 1998","content":"## Family Law (Hague Convention on Intercountry Adoption) Regulations 1998\n\nIN THE (insert name of court exercising jurisdiction)\n\nNO. (insert number of proceedings) of (insert year in which document is filed or issued)\n\nDATE OF FILING:\\*/ISSUE:\\* (insert date of filing or issue)\n\nIN RELATION TO THE ADOPTION OF (insert forename(s) and surname(s) of child who is the subject of the proceedings) OR (otherwise identify the proceedings in accordance with the rules of the court)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":43},{"sectionNumber":"Form 2—Affidavit","sectionType":"part","heading":"Form 2—Affidavit","content":"## Form 2—Affidavit\n\n(paragraphs 14(2A)(b), 14(2D)(b), 14(2E)(b), 15(2A)(b), 15(2C)(b), 15(2D)(b), 20(2A)(b), 20(2D)(b), 20(2E)(b), 22(2A)(b), 22(2C)(b) and 22(2D)(b))\n\nI\\*/WE\\*, (insert forename(s) and surname(s) of deponent(s)), (insert occupation(s) of deponent(s)), of (insert address of deponent(s)), declare the following under oath:\n\n(a) I\\*/We\\* am\\*/are\\* the deponent(s) for this document and have read the document and any attachment to the document; and\n\n(b) the facts stated in the document, and any attachment to the document, that are within my\\*/our\\* knowledge are correct; and\n\n(c) all other facts stated in the document, and in any attachment to the document, are correct to the best of my\\*/our\\* knowledge or belief.\n\nSWORN by the deponent(s)\n\nat (insert place where declaration made)\n\non (insert date of declaration)\n\n...........................................................\n\n(signature(s) of deponent(s))\n\n...................................................................................\n\n(name of deponent(s))\n\n...................................................................................\n\n(title or position of deponent(s))\n\nBEFORE ME:\n\n...................................................................................\n\n(signature of person before whom affidavit is sworn)\n\n...................................................................................\n\n(name of signatory)\n\n...................................................................................\n\n(title or position of signatory)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":44},{"sectionNumber":"Form 3—Application for order","sectionType":"part","heading":"Form 3—Application for order","content":"## Form 3—Application for order\n\n(paragraphs 14(2A)(a), 15(2A)(a), 20(2A)(a) and 22(2A)(a))\n\n(insert heading for document in accordance with Form 1)\n\nApplication for order under regulation 14\\*/15\\*/20\\*/22\\*","sortOrder":45},{"sectionNumber":"1.1","sectionType":"schedule","heading":"Child","content":"## 1.1 Child\n\nSurname:\n\nForenames:\n\nSex:\n\nAge:\n\nDate and place of birth:\n\nFather’s surname:\n\nOther names:\n\nMother’s maiden surname:\n\nOther names:","sortOrder":47},{"sectionNumber":"1.2","sectionType":"schedule","heading":"Applicant(s)","content":"## 1.2 Applicant(s)\n\n    2.1 Mother:\n    Surname:\n    Other names:\n    Occupation:\n    Address:\n    2.2 Father:\n\nSurname:\n\nOther names:\n\nOccupation:\n\nAddress:","sortOrder":48},{"sectionNumber":"Affidavit","sectionType":"schedule","heading":"Affidavit","content":"## Affidavit\n\n(insert affidavit in accordance with Form 2)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":52},{"sectionNumber":"Form 4—Notice of application","sectionType":"part","heading":"Form 4—Notice of application","content":"## Form 4—Notice of application\n\n(subregulations 14(2C), 20(2C) and 22(2B))","sortOrder":53},{"sectionNumber":"Form 5—Response to application","sectionType":"part","heading":"Form 5—Response to application","content":"## Form 5—Response to application\n\n(paragraphs 14(2D)(a), 15(2C)(a), 20(2D)(a) and 22(2C)(a))\n\n(insert heading for document in accordance with Form 1)\n\nResponse to application for order under regulation 14\\*/15\\*/20\\*/22\\*\n\nIN RESPONSE TO the application made by (insert forename(s) and surname(s) of applicant(s)) filed in the (insert name of court) on (insert date of filing of application), a copy\\*/notice\\* of which was given to me\\*/us\\* on (insert date on which copy, or notice, of the application was given to respondent(s)), I\\*/WE\\*, (insert forename(s) and surname(s) of respondent(s)) state as follows:\n\n(insert brief statement of the matters in support of the court making an order other than the order sought in the application)\n\nDATED..................................\n\n................................................\n\n(signature(s) of respondent(s))\n\n..........................................................................\n\n(name of respondent(s))\n\n......................................................................................................................\n\n(title or position of respondent(s))","sortOrder":54},{"sectionNumber":"Form 6—Reply to response to application","sectionType":"part","heading":"Form 6—Reply to response to application","content":"## Form 6—Reply to response to application\n\n(paragraphs 14(2E)(a), 15(2D)(a), 20(2E)(a) and 22(2D)(a))\n\n(insert heading for document in accordance with Form 1)\n\nReply to response to application under regulation 14\\*/15\\*/20\\*/22\\*\n\nIN REPLY TO the response to my\\*/our\\* application made by (insert forename(s) and surname(s) of respondent(s)) filed in the (insert name of court) on (insert date of filing of response), I\\*/WE\\* state as follows:\n\n(insert brief reply to matters stated in response to application)\n\nDATED.................................\n\n..............................................\n\n(signature(s) of applicant(s))\n\n.................................................................................\n\n(name of applicant(s))\n\n......................................................................................................................\n\n(title or position of applicant(s))","sortOrder":56},{"sectionNumber":"Form 7—Adoption order — Australian child","sectionType":"part","heading":"Form 7—Adoption order — Australian child","content":"## Form 7—Adoption order — Australian child\n\n(subregulation 14(2F))\n\n(insert heading for document in accordance with Form 1)\n\nAdoption order — Australian child\n\nON THE BASIS that this court is satisfied that it may, in accordance with regulation 14 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, make the following orders in these proceedings:\n\nTHE COURT AUTHORISES, in accordance with that regulation, (insert forename(s) and surname(s) of applicant(s)), (insert occupation of applicant(s)), of (insert address of applicant(s)) to adopt (insert forename(s) and surname(s) of child), an Australian child, into (insert name of Convention country), a Convention country.\n\nTHE COURT approves the following forename(s) as the forename(s) of the child:\n\n(insert forename(s) approved by the court)\n\nTHE COURT approves the following surname(s) as the surname(s) of the child:\n\n(insert surname(s) approved by the court)\n\nDATED: (insert date of order)\n\n(Seal of court)","sortOrder":57},{"sectionNumber":"Form 8—Adoption order — child from Conve","sectionType":"part","heading":"Form 8—Adoption order — child from Convention country","content":"## Form 8—Adoption order — child from Convention country\n\n(subregulation 15(2E))\n\n(insert heading for document in accordance with Form 1)\n\nAdoption order — child from a Convention country\n\nON THE BASIS that this court is satisfied that it may, in accordance with regulation 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, make the following orders in these proceedings:\n\nTHE COURT AUTHORISES, in accordance with that regulation, (insert forename(s) and surname(s) of applicant(s)), (insert occupation of applicant(s)), of (insert address of applicant(s)) to adopt in Australia (insert forename(s) and surname(s) of child), a child from (insert name of Convention country), a Convention country.\n\nTHE COURT approves the following forename(s) as the forename(s) of the child:\n\n(insert forename(s) approved by the court)\n\nTHE COURT approves the following surname(s) as the surname(s) of the child:\n\n(insert surname(s) approved by the court)\n\nDATED: (insert date of order)\n\n(Seal of court)","sortOrder":58},{"sectionNumber":"Form 9—Order terminating parental relati","sectionType":"part","heading":"Form 9—Order terminating parental relationship","content":"## Form 9—Order terminating parental relationship\n\n(subregulation 20(2F))\n\n(insert heading for document in accordance with Form 1)\n\nOrder terminating legal relationship between child and parents\n\nON THE BASIS that this court is satisfied that it may, in accordance with regulation 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, make the following orders in these proceedings:\n\nTHE COURT ORDERS, in accordance with that regulation, on application by (insert forename(s) and surname(s) of applicant(s)), (insert occupation of applicant(s)), of (insert address of applicant(s)), that the adoption of the child (insert forename(s) and surname(s) of child), by the applicant(s) terminates the legal relationship between the pre‑adoption parents of that child and the child.\n\nTHE COURT approves the following forename(s) as the forename(s) of the child:\n\n(insert forename(s) approved by the court)\n\nTHE COURT approves the following surname(s) as the surname(s) of the child:\n\n(insert surname(s) approved by the court)\n\nDATED: (insert date of order)\n\n(Seal of court)","sortOrder":59},{"sectionNumber":"Form 10—Declaration of non‑recognition","sectionType":"part","heading":"Form 10—Declaration of non‑recognition","content":"## Form 10—Declaration of non‑recognition\n\n(subregulation 22(2E))\n\n(insert heading for document in accordance with Form 1)\n\nDeclaration that adoption or decision is not recognised\n\nON THE BASIS that this court is satisfied that it may, in accordance with regulation 22 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998, make the following orders in these proceedings:\n\nTHE COURT DECLARES, in accordance with that regulation, on application by (insert forename(s) and surname(s) of applicant(s)), (insert occupation of applicant(s)), of (insert address of applicant(s)), that the adoption of\\*/the decision made in accordance with Article 27 of the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption in relation to\\* (insert forename(s) and surname(s) of child) is not recognised.\n\nTHE COURT approves the following forename(s) as the forename(s) of the child:\n\n(insert forename(s) approved by the court)\n\nTHE COURT approves the following surname(s) as the surname(s) of the child:\n\n(insert surname(s) approved by the court)\n\nDATED: (insert date of declaration)\n\n(Seal of court)\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\* omit if inapplicable","sortOrder":60}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":674},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulations appear to maintain their original scope as implementing legislation for the 1993 Hague Convention. The framework — Central Authorities, court processes for incoming/outgoing adoptions, recognition mechanisms, and State flexibility under regulation 34 — aligns with the Convention's requirements. No significant scope creep is evident; the detailed forms and jurisdictional provisions are necessary implementation details rather than expansion beyond the original purpose."},"complexity_factors":["Extensive cross-referencing between Regulations, the Family Law Act 1975, and the full Hague Convention text (Schedule 1)","Multiple conditional pathways depending on whether adoption is outgoing (Australian child) or incoming (foreign child)","Regulation 34 creates a complex overlay where most provisions don't apply if States have 'comparable' laws — requiring comparison of legislative schemes","Detailed procedural requirements with strict timelines (e.g., 'no later than 5 working days before the court hearing')","10 prescribed forms with specific formatting requirements in Schedule 3","Jurisdiction split across 6 different court hierarchies depending on State/Territory (regulations 24-33)","Multiple nested exceptions: recognition can be refused under regulation 22, which itself has preconditions and notification requirements","Definitions rely on external instruments including the Commonwealth-State agreement and 'the Convention' itself"],"plain_english_summary":"These Regulations implement Australia's obligations under the **1993 Hague Convention on Intercountry Adoption**, an international treaty designed to protect children and ensure ethical practices in adoptions between countries.\n\n**What this does:**\n\n- **Establishes a framework** for adoptions between Australia and other countries that have signed the Hague Convention (listed in Schedule 2 — over 80 countries including the US, UK, China, India, and most of Europe)\n- **Creates Central Authorities** — the Commonwealth Central Authority (the Secretary of the relevant Department) coordinates Australia's international obligations, while each State/Territory has its own State Central Authority handling actual adoption cases\n- **Sets up court processes** for four types of matters:\n  - *Regulation 14:* Australian children being adopted overseas\n  - *Regulation 15:* Overseas children being adopted in Australia\n  - *Regulation 20:* Terminating birth parents' legal rights when overseas adoptions don't automatically do so\n  - *Regulation 22:* Refusing to recognise overseas adoptions that are \"manifestly contrary to public policy\"\n\n- **Provides automatic recognition** of Hague-compliant overseas adoptions in Australia (via \"adoption compliance certificates\"), while allowing courts to refuse recognition in exceptional circumstances\n\n**Who it affects:**\n- Prospective adoptive parents seeking to adopt from overseas\n- Children being adopted across international borders\n- State government departments handling adoptions\n- Courts hearing adoption matters\n\n**Why it matters:**\nThe Regulations aim to prevent child trafficking, ensure proper consents are obtained, and guarantee that intercountry adoptions only proceed when genuinely in a child's best interests. They create a structured, transparent process with safeguards against improper financial gain and exploitation.\n\n**Key feature:** Regulation 34 means States with their own equivalent laws can operate under those instead — creating a flexible, cooperative federal system."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations implement the Hague Convention but expressly limit their application where a State has an \"intercountry adoption law\" with the same or comparable effect—regulation 34(1) removes most Regulations (all except regs 5, 6, 7, 8, 9, 12 and 13) from operation in such States. That means the Regulations do not impose a uniform, nationwide regime: (a) core Commonwealth coordination and reporting duties remain (regs 5–7, 9, 12–13), but (b) case‑level procedures, accreditation handling and court processes can be governed by State law instead (reg 34(1)–(2)). The practical result is an intentional narrowing of the Regulations’ operational scope in any State with equivalent State law, producing a patchwork application across jurisdictions and shifting implementation and compliance responsibility toward State systems where those exist."},"complexity_factors":["Cross‑jurisdictional structure: division of roles between Commonwealth Central Authority, State Central Authorities and accredited bodies (regs 5, 6, 8–11; Schedule 1, Articles 6, 9–13).","Interplay with international instrument: direct incorporation and reliance on Convention text reproduced in Schedule 1 (multiple Articles referenced by regs 14–23).","Procedural detail: mandatory court forms, affidavits and tight timeframes for notice and response (Schedule 3; regs 14(2A)–(2F), 15(2A)–(2E), 20(2A)–(2F), 22(2A)–(2E)).","Evidentiary rules and recognition mechanics: effect and evidential status of adoption compliance certificates, subject to judicial non‑recognition (regs 16–19, 22).","Notification and publication obligations across multiple levels of government and to the Hague Bureau and Gazette (regs 7, 10–13, 23).","Exceptions and partial application: reg 34 permits State intercountry adoption laws to displace most Regulations, producing a potential patchwork of differing procedures and scope.","Allocation of judicial jurisdiction across many State and Territory courts (Part 5, regs 24A–33), complicating choice of forum.","Delegation to accredited bodies and non‑profit constraints on those bodies under the Convention (Schedule 1, Articles 10–11, 22)."],"plain_english_summary":"# What these Regulations do, who they affect, and how they work\n\n- What the instrument changes mechanically\n  - These Regulations implement the 1993 Hague Convention on intercountry adoption for Australia by (a) designating which Commonwealth and State offices act as the Convention’s Central Authorities (reg 5, reg 8–9); (b) setting out the Commonwealth Central Authority’s functions and limits (reg 6); (c) creating a standard court process and standard forms for Australian courts to make, recognise or refuse recognition of adoption orders and related declarations under the Convention (regs 14–22, Forms in Schedule 3); and (d) prescribing notification and accreditation reporting duties between State Central Authorities, the Commonwealth Central Authority and the Hague Permanent Bureau (regs 7, 10–13, 23). The Regulations also list which foreign countries are “Convention countries” for these rules (reg 4; Schedule 2) and reproduce the text of the Convention (Schedule 1).\n\n- Stated purpose of the Regulations (as expressed in the Convention and the Regulations)\n  - The Regulations implement the Convention’s stated objectives: to establish safeguards and cooperation for intercountry adoptions, and to secure recognition of adoptions made in accordance with the Convention (Schedule 1, Articles 1–3, 23–26). The Regulations translate those international obligations into domestic procedure: who is the Central Authority, how courts are to proceed, how accredited bodies are to be notified and reported, and how recognition of foreign adoptions operates (reg 5; regs 6, 12–13; regs 14–22).\n\n- Practical effects, who pays, who decides, and what behaviour changes\n  - Who decides: the Secretary to the Department is the Commonwealth Central Authority and receives and transmits communications under the Convention (reg 5). States may designate their own State Central Authority; if they do not, the Commonwealth Attorney‑General may designate one (reg 8–9). Courts decide domestic orders under the Regulations (regs 14–22). The Bureau (Permanent Bureau of the Hague Conference) receives notifications from the Commonwealth Central Authority (regs 7, 10, 12, 13, 23).\n  - Who pays: the Convention text reproduced in Schedule 1 requires that costs of translations requested by competent authorities be borne by the prospective adoptive parents (Schedule 1, Article 34). Other administrative costs such as Gazette publication and written reporting are imposed on Commonwealth and State Central Authorities by the Regulations (regs 7, 10, 12, 13, 23); the Regulations do not specify a charge on applicants for those notices.\n  - What behaviour changes are required of private parties: prospective adoptive parents and others must use the prescribed court forms and affidavits (Forms in Schedule 3; reg 3(2), reg 3A). Applicants must give copies of court applications to the State Central Authority (see reg 14(2B), reg 15(2B), reg 20(2B), reg 22(2B)). Interested persons and Ministers may file short statements and accompanying affidavits no later than 5 working days before hearing (regs 14(2D), 15(2C), 20(2D), 22(2C)). An adoption compliance certificate from the foreign Convention country is treated as evidence that an adoption was carried out in accordance with the Convention (reg 19) and, subject to the refusal power in reg 22, is recognised and effective from the certificate date (regs 16–17).\n\n- Compliance burden and timing\n  - Standardised forms and sworn affidavits are mandatory for applications and responses (Forms 2–6; regs 14(2A), 14(2D)–(2E), 15(2A), 15(2C)–(2D), 20(2A), 20(2C)–(2E), 22(2A), 22(2B)–(2D)).\n  - Short time windows are prescribed for responses: persons given notice may file a statement no later than 5 working days before the hearing (regs 14(2D), 15(2C), 20(2D), 22(2C)).\n  - State Central Authorities must promptly notify the Commonwealth Central Authority of designations, accreditations and revocations, and the Commonwealth must in turn inform the Hague Bureau and publish notices in the Gazette (regs 7, 10, 12, 13). These reporting steps create administrative duties for State and Commonwealth offices.\n\n- Limits, discretion and legal checks\n  - The Commonwealth Central Authority’s functions are coordinating, reporting and ensuring compliance with the Convention, but do not include day‑to‑day case processing, approval of adoptions, consent, accreditation, or functions reserved by the Commonwealth‑State agreement to States (reg 6(1)–(5)). When a Commonwealth action would affect a State Central Authority’s function, the Commonwealth must consult the State Central Authority before acting (reg 6(6)).\n  - Courts are given specific thresholds for making adoption or termination orders: agreements from the relevant foreign Central Authority and the State Central Authority are required, and courts must be satisfied as to best interests and immigration/entry status where specified (regs 14(3), 15(3), 20(3)).\n  - A State Central Authority may apply to a court to declare that an adoption or a conversion decision under Article 27 is not recognised if it is manifestly contrary to public policy, considering the child’s best interests (reg 22(1)–(3)). If the court declares non‑recognition, the adoption or conversion has no effect for Commonwealth or State law (reg 22(3)). The Commonwealth Central Authority must notify the Bureau and invite submissions from the foreign Central Authorities when a State Central Authority makes such an application (reg 23).\n\n- Effects on private enterprise, competition and intermediate actors\n  - Accredited bodies (those accredited under State law in accordance with the Commonwealth‑State agreement) act for State Central Authorities and are the recognised intermediaries for tasks that may be delegated under the Convention (reg 11; Schedule 1, Articles 9–13, 22). The Regulations require States to advise on accreditations and revocations (regs 12–13). Article 11 of the Convention (reproduced in Schedule 1) directs that accredited bodies pursue non‑profit objectives, be staffed by suitably qualified persons, and be supervised — this constrains how private organisations can participate.\n\n- Trade‑offs, opportunity costs and implementation risk\n  - Trade‑off: the Regulations centralise international communications through the Commonwealth Central Authority (reg 5) while preserving State roles in approvals, accreditation and casework (reg 6(3); reg 34). That design shares coordination benefits (single contact point for the Bureau, regs 7, 23) against potential duplication and additional intergovernmental administrative overhead (consultation duties, reporting steps in regs 6, 7, 10–13, 23).\n  - Opportunity cost and patchwork risk: regulation 34 allows State laws that have the same or comparable effect to displace most of these Regulations in that State (reg 34(1)). That produces a risk of differing procedure and timing across States depending on State law (reg 34), and therefore practical complexity for applicants who must follow State or Commonwealth rules as applicable.\n  - Implementation risk and discretionary bottlenecks: the Commonwealth Central Authority may prepare legislation or take measures where State legislation and practice do not ensure Convention compliance (reg 6(2)(c)). State Central Authorities can seek court declarations of non‑recognition invoking public policy (reg 22). Those provisions create points at which intergovernmental negotiation and litigation may be triggered.\n\n- Evidence and legal effect\n  - An adoption compliance certificate issued in the Convention country is evidence that the adoption was agreed by the Central Authorities and carried out in accordance with the Convention (reg 19) and, subject to reg 22, gives recognition and legal effect in Commonwealth and State law from the certificate date (reg 16–17, reg 18 on effects).\n\nReferences to the Regulations and Convention text are provided in parentheses throughout: core designations (reg 5, reg 8–9), Commonwealth Central Authority functions and limits (reg 6), court procedure and forms (regs 14–22; Schedule 3), accreditation and reporting duties (regs 10–13), non‑recognition procedure (reg 22–23), application limits (reg 34), and Convention provisions cited in Schedule 1 (Articles 1–39, including Article 34 on translation costs and Article 11 on accreditation)."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998","history":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998/history","analysis":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998/analysis","conflicts":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998/conflicts","importantCases":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998/important-cases","documents":"/api/acts/family-law-hague-convention-on-intercountry-adoption-regulations-1998/documents"}}