ACTIn ForceAct
Adoption Act 1993
38Transfer of guardianship of child or young person until
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38 Transfer of guardianship of child or young person until
(1) On receiving a request in writing by or for the authority in a State or
another Territory having the guardianship of a child or young person
in respect of whom consents with a view to adoption in the ACT have
been given or dispensed with, the director-general may, in writing,
declare that the child or young person is under the guardianship of the
director-general while the child or young person is domiciled or
resident in the ACT.
Guardianship before adoption Division 3.5
(2) If a declaration under subsection (1) has effect, then, while the child
or young person is domiciled or resident in the ACT, the
director-general is the guardian of the child or young person until—
(a) the child or young person attains the age of 18 years; or
(b) an adoption order is made; or
or young person.
(3) A declaration under subsection (1) ceases to have effect if the child
or young person ceases to be under the guardianship of the authority
in the State or other Territory.
(4) If, in the opinion of the director-general, a law of a State or another
Territory contains a provision corresponding to this section, the
director-general may request the authority having the guardianship of
children or young people until adoption in that State or Territory to
declare that, while a child or young person of whom the
director-general is the guardian under this Act (being a child or young
person in respect of whom consents with a view to adoption in that
State or Territory have been given or dispensed with) is domiciled or
resident in that State or Territory, the child or young person is under
the guardianship of that authority.
(5) While a declaration under subsection (4) has effect, the functions and
obligations of the director-general as guardian of the child or young
person are suspended.
(6) Subsection (5) does not apply in relation to the exercise by the
director-general of a function in respect of a child or young person
under an arrangement made under subsection (7).
(7) The director-general may, on behalf of the Territory, make financial
or other arrangements with an authority mentioned in subsection (1)
or (4) in respect of a child or young person while the child or young
person is under the guardianship of the director-general or that
authority.
(8) The director-general may make arrangements for the return of a child
or young person who is under the guardianship of the director-general
under this section to his or her former custody.