VICIn ForceAct
Adoption Act 1984
90Secretary to provide information
Start here
Get a plain-English read of 90
Turn the raw legal text into a practical explanation grounded in Adoption Act 1984.
90 Secretary to provide information
(1) Where a relevant authority receives an application for information under this Part—
(a) the relevant authority shall, subject to and in accordance with this Part—
(i) insofar as the information to which the application relates is contained in records in the possession or under the control of the relevant authority—give the information to the applicant so far as, under this Part, the information may be given to the applicant; and
S. 90(1)(a)(ii) amended by Nos 67/1987 s. 11(b), 46/1998
(ii) where the relevant authority is the Secretary (or any other relevant authority, subject to subsection (2)) and the information to which the application relates is not contained in records in the possession or under the control of the relevant authority—request an agency, other body or a person from which or from whom the information may be available—
S. 90(1)(a) (ii)(A) amended by No. 46/1998
(A) to give the information to the Secretary; or
(B) where the applicant agrees and the request so states, give the information to the applicant, so far as, under this Part, the information may be given to the applicant—
and, where the information is given to the Secretary, give the information to the applicant so far as, under this Part, the information may be given to the applicant; and
(b) insofar as the information to which the application relates is not contained in any such records, the relevant authority shall—
(i) make such reasonable enquiries as in all the circumstances of the case ought reasonably to be made for the purposes of obtaining the information; and
(ii) upon obtaining the information, give it to the applicant so far as, under this Part, the information may be given to the applicant.
S. 90(2) inserted by No. 67/1987 s. 11(c), amended by Nos 43/1996 s. 65(Sch. item 1.7), 46/1998
(2) For the purposes of subsection (1)(a)(ii), if an application for information referred to in that provision is an application for information about an adopted person, a relevant authority other than the Secretary may make a request under that provision to the Registrar for any information which is contained in entries in the Register of Births, Register of Deaths or Register of Marriages in the Register maintained under Part 7 of the **Births, Deaths and Marriages Registration Act 1996** about the natural parents or natural relatives (within the meaning of section 97) of the adopted person.
S. 90(3) inserted by No. 67/1987 s. 11(c), amended by No. 46/1998
(3) The power of a relevant authority to make a request under subsection (2) does not limit the power of the Secretary to make that same type of request under subsection (1)(a)(ii).
Pt 6 Div. 1A (Heading and ss 90A, 90B) inserted by No. 25/2013 s. 5, repealed by No. 32/2015 s. 7.
S. 90A inserted by No. 25/2013 s. 5, repealed by No. 32/2015 s. 7, new s. 90A inserted by No. 14/2025 s. 5.