{"id":"local-court-adoption-of-children-rules-1994","name":"LOCAL COURT (ADOPTION OF CHILDREN) RULES 1994","slug":"local-court-adoption-of-children-rules-1994","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176950,"registerId":"nt-local-court-adoption-of-children-rules-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"LOCAL COURT (ADOPTION OF CHILDREN) RULES 1994","content":"NORTHERN TERRITORY OF AUSTRALIA\nLOCAL COURT (ADOPTION OF CHILDREN) RULES 1994\nAs in force at 16 May 2016\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Application ....................................................................................... 1\n3 Interpretation ................................................................................... 1\n4 Form of application .......................................................................... 2\n5 Affidavit in support of application ..................................................... 2\n6 Filing of application and affidavit...................................................... 4\n7 Appearance ..................................................................................... 5\n8 Service............................................................................................. 5\n8A Pre-hearing conference ................................................................... 5\n8B Attendance at conference by videoconference, &c.......................... 6\n9 Application not opposed by Minister ................................................ 6\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 16 May 2016\n____________________\nLOCAL COURT (ADOPTION OF CHILDREN) RULES 1994\nRules under the Local Court Act 2015\n1 Citation\nThese Rules may be cited as the Local Court (Adoption of Children)\nRules 1994.\n2 Application\nThese Rules apply to each proceeding under the Adoption of\nChildren Act 1994 commenced in the Court on or after the\ncommencement of these Rules.\n3 Interpretation\n(1) In these Rules:\nAdoption Act means the Adoption of Children Act 1994.\napplicant means the person or, where 2 persons wish to jointly\nadopt a child, one or both of the persons, as the case may require,\nwho makes or make an application to the Court.\napplication means an application for an order for adoption made\nunder section 38 of the Adoption Act.\nchild means a child within the meaning of the Adoption Act.\nMinister means the Minister responsible for the administration of\nthe Adoption Act.\nspouse means a spouse within the meaning of the Adoption Act.\n(2) Unless the contrary intention appears, a word or expression used in\nthe Local Court (Civil Jurisdiction) Rules 1998 has the same\nmeaning in these Rules as it has in the Local Court (Civil\nJurisdiction) Rules 1998.\n\nLocal Court (Adoption of Children) Rules 1994 2\n(3) An act, matter or thing which is required to be done by an applicant\nor any other person who is a party to proceedings under the\nAdoption Act may be done by the applicant's or other person's legal\nrepresentative.\n4 Form of application\nAn application shall be in accordance with Form 1 in the Schedule.\n5 Affidavit in support of application\nAn application shall be supported by an affidavit by the applicant\nwhich shall state:\n(a) in relation to the child:\n(i) the age and sex of the child; and\n(ii) the identity of the child so far as it is known to the\napplicant; and\n(iii) the whereabouts of the child; and\n(iv) particulars of the person or persons with whom the child\nresides or who has the care and custody of the child;\nand\n(v) whether any, and what, proceedings have been brought\nor orders made by a court concerning the guardianship,\ncare, custody or maintenance of or access to the child,\nand shall have attached to it copies or certified extracts\nof any such orders or, if no such proceedings have been\nbrought, a statement to that effect; and\n(vi) whether the child is a non-citizen child within the\nmeaning of the Adoption Act; and\n(vii) where the child is a non-citizen child within the meaning\nof the Adoption Act:\n(A) whether the child has been in the care of the\napplicant; and\n(B) whether the applicant has received written notice\nfrom the Minister (under section 21(1)(a) of the\nAdoption Act) that the applicant is suitable to adopt\na non-citizen child before the child came into or\nwas placed in the care of the applicant; and\n\nLocal Court (Adoption of Children) Rules 1994 3\n(viii) whether any and what insurance has been effected on\nthe life of the child or for the benefit of the child; and\n(b) in relation to the applicant:\n(i) the age and sex of the applicant and, where 2 persons\nare making the application jointly, the relationship (if any)\nof the applicants; and\n(ii) the place of residence in the Territory of the applicant;\nand\n(iii) where the applicant is married, particulars of the\napplicant's marriage, including the church or other place\nand the date of the marriage ceremony and, if known,\nthe name of the minister or other authorised person who\nperformed the marriage ceremony; and\n(iv) where the applicant is an Aborigine and is living in a\ntraditional marriage, whether the traditional marriage is a\nrelationship that is recognised as a traditional marriage\nby an Aboriginal community or Aboriginal group to which\nthe applicant, the applicant's spouse or, where\n2 persons are making the application jointly, one or both\nof the applicants belongs or belong, and whether it has\nbeen so recognised for 2 years or more; and\n(v) where the applicant is married and his or her spouse is\nnot an applicant, whether the applicant is living with the\nspouse; and\n(vi) whether the applicant is a relative of the child and how\nhe or she is related to the child; and\n(vii) where the applicant has previously been married,\nparticulars of each former marriage and of its\ntermination, and shall have attached to it a copy of a\nrelevant certificate of death or certificate of a relevant\ndecree absolute; and\n(viii) the assets and income of the applicant; and\n(ix) whether the applicant has any children (including\nadopted children) and if so the respective sexes and\nages of those children; and\n\nLocal Court (Adoption of Children) Rules 1994 4\n(x) whether, at any time before or after the birth of the child,\nthe applicant or any other person has made, given or\nreceived or agreed to make, give or receive any, and if\nso what, payment or reward for or in consideration of:\n(A) the adoption or proposed adoption of the child; or\n(B) the giving of consent or the signing of an\ninstrument of consent to the adoption of the child;\nor\n(C) the transfer of the custody, care or control of the\nchild with a view to the adoption of the child; or\n(D) the making of arrangements with a view to the\nadoption of the child; and\n(xi) in the case of an applicant who is a person referred to in\nsection 15(1) of the Adoption Act, whether for the\npurposes of section 15(3) of the Adoption Act the\nMinister is of the opinion that exceptional circumstances\nexist which make the making of an order for the adoption\nof the child desirable, and shall have attached to it a\ncopy of a document that is evidence of the Minister's\nopinion; and\n(c) any other matters necessary to support the application.\n6 Filing of application and affidavit\n(1) An application shall be filed in the Court and, on filing, the\napplication shall be taken to have been made.\n(2) On the filing of an application, a registrar must:\n(a) fix a date and time for the holding of a pre-hearing conference;\nand\n(b) return to the applicant sufficient number of copies of the\napplication for service.\n(3) An affidavit in support of an application referred to in rule 5 shall be\nfiled in the Court at the same time the application is filed.\n(4) An applicant shall, not later than 7 days after filing his or her\napplication, serve a copy of the application, together with a copy of\nthe affidavit in support referred to in rule 5, on:\n(a) the Solicitor for the Northern Territory for and on behalf of the\nMinister; and\n\nLocal Court (Adoption of Children) Rules 1994 5\n(b) each person who wishes to be a party to the proceedings and\nwhose name and address for service has been advised to the\napplicant in accordance with section 39(3) of the Adoption Act.\n(5) At the hearing of an application, the Court may order that a copy of\nan application and the affidavit in support be served on a person\nthe Court joins as a party to the proceedings under section 40(2) of\nthe Adoption Act.\n7 Appearance\n(1) A person who is served a copy of an application and the affidavit in\nsupport under rule 6(4)(b) may file in the Court an appearance not\nlater than 7 days after service on him or her of the application and\nthe affidavit.\n(2) An appearance shall be in accordance with Form 2 in the Schedule.\n(3) On the filing of an appearance, a registrar must return to the person\nfiling the appearance sufficient copies of the appearance for service\nof it on the applicant and the Solicitor for the Northern Territory.\n(4) The person who files an appearance shall, not later than 7 days\nafter filing the appearance, serve a copy of the appearance on the\napplicant and the Solicitor for the Northern Territory.\n8 Service\n(1) An application or an appearance referred to in rule 7 may be served\non a person:\n(a) by leaving it at the address for service of the person to be\nserved; or\n(b) by sending it by prepaid post to the person to be served at his\nor her address for service.\n(2) An applicant shall, not later than 7 days after serving a copy of an\napplication and the affidavit in support under rule 6(4), file in the\ncourt an affidavit of service of the application.\n(3) An affidavit of service referred to in subrule (2) shall state by whom\nthe application was served and, with relevant times and dates, the\nfacts constituting service.\n8A Pre-hearing conference\n(1) The date fixed for a pre-hearing conference under rule 6(2)(a) shall\nbe 28 days after an application is filed, or as soon as practicable\nthereafter.\n\nLocal Court (Adoption of Children) Rules 1994 6\n(2) A pre-hearing conference shall be held informally and each party to\nthe application shall attend the pre-hearing conference:\n(a) in person;\n(b) by a legal practitioner; or\n(c) subject to rule 8B, by videoconference or teleconference.\n(3) At the pre-hearing conference the Court may:\n(a) give such directions as it thinks necessary for the expeditious\ndetermination of the proceedings; or\n(b) of its own motion or on application by a party:\n(i) adjourn the pre-hearing conference and fix a date for the\nadjourned pre-hearing conference; or\n(ii) fix a date for the hearing of the application.\n8B Attendance at conference by videoconference, &c.\n(1) A party wishing to attend a pre-hearing conference by\nvideoconference or teleconference may, not less than 24 hours\nbefore the time set for the conference, seek the permission of the\nCourt to do so and the Court may, in its discretion, grant or refuse\nto grant such permission.\n(2) Permission under this rule may be granted informally by telephone\nand without notice to any other party.\n(3) A party who has been granted permission to attend a pre-hearing\nconference under this rule shall give such notice to the other parties\nof his or her attendance at the pre-hearing by videoconference or\nteleconference as the Court may direct.\n(4) The Court may direct that the party granted permission to attend\nthe pre-hearing conference under this rule provide and meet the\nexpense of any equipment necessary to enable the\nvideoconference or teleconference to take place.\n9 Application not opposed by Minister\nWhere, at the hearing of an application:\n(a) the Minister does not appear as a party; and\n(b) the report from the Minister referred to in section 41 of the\nAdoption Act does not express opposition to the making of the\norder for adoption applied for,\n\nLocal Court (Adoption of Children) Rules 1994 7\nthe court may presume that the Minister does not oppose the order\nfor adoption applied for.\n\nSchedule\nLocal Court (Adoption of Children) Rules 1994 8\nSchedule\nrule 4\nFORM 1\nNORTHERN TERRITORY OF AUSTRALIA\nAdoption of Children Act 1994\nAPPLICATION FOR AN ORDER FOR ADOPTION\nIn the Local Court No. 20\nat\nTO: The Solicitor for the Northern Territory, representing the Minister\nresponsible for the administration of the Adoption of Children Act 1994.\nAPPLICANT:\nFull Name:\nAddress:\nTelephone Number:\nAPPLICANT'S SOLICITOR (IF ANY):\nName:\nAddress:\nTelephone Number:\nDated\nSigned\nTake notice that this application for an order for adoption will be heard on date\nat time in the Local Court at place.\nFILED: date\nRegistrar\n\nSchedule\nLocal Court (Adoption of Children) Rules 1994 9\nFORM 2\nrule 7(2)\nNORTHERN TERRITORY OF AUSTRALIA\nAdoption of Children Act 1994\nAPPEARANCE\nIn the Local Court No. 20\nat\nTO: Name of applicant\nAND TO: The Solicitor for the Northern Territory, representing the Minister\nresponsible for the administration of the Adoption of Children Act 1994.\nTAKE NOTICE THAT the person whose details appear below wishes to be a\nparty to these adoption proceedings.\nFull Name:\nAddress:\nTelephone Number:\nADDRESS FOR SERVICE OF DOCUMENTS WITHIN NORTHERN\nTERRITORY:\nSOLICITOR (IF ANY)\nName:\nAddress:\nTelephone Number:\nDated\nSigned\nFILED: date\nRegistrar\n\nENDNOTES\nLocal Court (Adoption of Children) Rules 1994 10\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Court (Adoption of Children) Rules (SL No. 43, 1994)\nNotified 7 December 1994\nCommenced 7 December 1994\nAmendments of Local Court (Adoption of Children) Rules (SL No. 32, 1995)\nNotified 20 September 1995\nCommenced 20 September 1995\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nLocal Court (Adoption of Children) Amendment Rules 2016 (SL No. 20, 2016)\nNotified 16 May 2016\nCommenced 16 May 2016\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr: 1, 2 and 3 and sch.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 40, 2010, s 149; No. 20, 2016, r 3\nr 5 amd Act No. 40, 2010, s 150\nr 6 amd No. 32, 1995, r 2; Act No. 40, 2010, s 151; No. 20, 2016, r 4\nr 7 amd Act No. 40, 2010, s 152; No. 20, 2016, r 5\nr 8 amd Act No. 40, 2010, s 153\n\nENDNOTES\nLocal Court (Adoption of Children) Rules 1994 11\nrr 8A – 8B ins No. 32, 1995, r 3\nsch amd No. 20, 2016, r 6","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing court procedures for adoption applications. The 2016 amendments added video/teleconference options for pre-hearing conferences (rules 8A-8B) and updated form references, but these are procedural modernisations rather than scope expansion. The rules have not grown beyond their original intent of governing how adoption applications are processed in the Local Court."},"complexity_factors":["Short length — only 9 substantive rules plus 2 standard court forms","Minimal cross-referencing — primarily references the Adoption of Children Act 1994 and Local Court (Civil Jurisdiction) Rules 1998 for definitions","Straightforward procedural structure — sequential steps from filing to hearing","Limited conditional logic — mostly 'if X, then Y' requirements without nested exceptions","Only 6 defined terms in the interpretation section (Adoption Act, applicant, application, child, Minister, spouse)","Clear, prescriptive language using 'shall' and 'must' rather than complex discretionary provisions"],"plain_english_summary":"These are procedural rules that govern how adoption applications are handled in the Northern Territory's Local Court. They set out the paperwork, timelines, and steps people must follow when applying to adopt a child.\n\n**Who it affects:**\n- People applying to adopt a child in the Northern Territory\n- The Minister responsible for adoption (represented by the Solicitor for the Northern Territory)\n- Any other parties who want to be involved in the adoption proceedings\n\n**What it does:**\n\n**1. Application process**\n- Applicants must use a specific court form (Form 1) and file it with the court\n- They must provide a detailed affidavit (a sworn written statement) covering:\n  - The child's details, whereabouts, and any previous court orders about them\n  - The applicant's personal circumstances — age, residence, marital status, income, assets, existing children, and relationship to the child\n  - Whether any money changed hands in connection with the adoption (which is generally illegal)\n  - Special requirements if adopting a non-citizen child\n\n**2. Filing and service**\n- The application and affidavit must be filed together\n- The court sets a date for a pre-hearing conference (about 28 days after filing)\n- The applicant must serve copies on the Minister's representative and any other parties within 7 days\n- Proof of service must be filed with the court\n\n**3. Pre-hearing conference**\n- An informal meeting held about a month after filing\n- Parties can attend in person, through a lawyer, or by video/teleconference (with the court's permission)\n- The court gives directions to move the case along and can set a date for the final hearing\n\n**4. Appearances**\n- Other parties who want to be involved must file a formal notice (Form 2) within 7 days of being served\n- They must serve this notice on the applicant and the Minister's representative\n\n**5. Minister's position**\n- If the Minister doesn't show up at the hearing and their report doesn't oppose the adoption, the court can assume the Minister doesn't object\n\n**Why it matters:**\nAdoption is a life-changing legal process that permanently transfers parental rights. These rules ensure the court has complete information about the child's welfare and the applicant's suitability, while keeping the process orderly and fair to everyone involved — especially the child."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The rules were originally made in 1994 but have been reprinted at least five times (REPL063R5), with the current version commencing in 2016. This strongly suggests the scope and detail of the rules has evolved over more than two decades, likely to reflect changes in broader adoption law and court practices. The original 1994 intent — setting procedural rules for Local Court adoption proceedings — appears to have been retained, but the specific requirements have been updated."},"complexity_factors":["Procedural rules can involve technical court terminology and filing requirements","Interaction with broader adoption legislation (substantive law) creates a dependency that readers must understand separately","Multiple amendments over time (evidenced by the reprint number REPL063R5) mean the current version may differ significantly from the original 1994 rules","Adoption law itself is a specialised and sensitive area touching on family law, child welfare, and privacy","Limited metadata provided makes it difficult to assess the full scope and detail of the rules"],"plain_english_summary":"These rules set out the procedural framework for adoption cases in the Local Court — the required forms, steps and court processes for applications to adopt. They affect prospective adopters, practitioners, court staff and other parties to adoption proceedings. They matter because adoption permanently alters a child’s legal family relationships and must be processed consistently and lawfully (current version commenced 16 May 2016)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Rules continue to apply to proceedings under the Adoption of Children Act 1994 (r2). Amendments recorded in the endnotes (insertion of rr8A–8B in 1995 and later formal amendments listed) adjusted procedures (e.g. pre‑hearing conferences, videoconference rules, oath/affidavit formalities) but did not change the classes of proceedings covered by r2 or expand substantive subject‑matter jurisdiction."},"complexity_factors":["Detailed affidavit requirements covering child and applicant circumstances (r5)","Multiple short, mandatory time limits for filing, service and appearances (r6(3)–(4), r7(1), r8(2))","Registrar duties to set pre‑hearing dates and return copies on filing (r6(2))","Court discretion to direct pre‑hearing conferences, fix hearing dates and join parties (r8A(3), r6(5))","Discretionary permission for remote attendance and potential cost on party for equipment (r8B(1)–(4))","Service alternatives and formal affidavit of service requirement (r8(1)–(3))","Presumption where Minister does not appear and Minister’s report does not oppose an order (r9)","References to and dependence on meanings from the Local Court (Civil Jurisdiction) Rules 1998 (r3(2))"],"plain_english_summary":"This instrument sets procedural rules for adoption applications in the Northern Territory Local Court. It requires applicants to use Form 1 and file a detailed supporting affidavit about the child and applicant (rr4–5), mandates filing, service and appearance steps with short time limits (rr6–8), and fixes a pre‑hearing conference timetable (r6(2), r8A). The Court and registrar control timing and directions; a party granted remote attendance may be required to meet videoconference equipment costs (r8B(4))."}},"importantCases":[],"_links":{"self":"/api/acts/local-court-adoption-of-children-rules-1994","history":"/api/acts/local-court-adoption-of-children-rules-1994/history","analysis":"/api/acts/local-court-adoption-of-children-rules-1994/analysis","conflicts":"/api/acts/local-court-adoption-of-children-rules-1994/conflicts","importantCases":"/api/acts/local-court-adoption-of-children-rules-1994/important-cases","documents":"/api/acts/local-court-adoption-of-children-rules-1994/documents"}}