Sch 3Transitional and savings

Schedule 3 — Transitional and savings [s. 144(2)] 1. Terms used In this Schedule — commencement means the commencement of Part 3 of this Act; order of adoption means an order of adoption within the meaning of and made under the repealed Act — (a) subsisting immediately before commencement; or (b) made after commencement under clause 4 or 5 8; repealed Act means the *Adoption of Children Act 1896*. 2. Interpretation Act 1984 not affected The provisions of this Schedule do not prejudice or affect the application of the *Interpretation Act 1984* to and in relation to the repeal effected by section 144(1). 3. Further savings Section 8 of the repealed Act continues to apply to the dispositions of property mentioned in section 8(1)(a) and (b) of the repealed Act and the agreements and instruments mentioned in section 8(2) of the repealed Act as if the repealed Act had not been repealed. [**4‑7.** Deleted: No. 15 of 2012 s. 71(1) 8.] 8. Provisions of this Act that apply to adoptions under 1896 Act (1) Subject to clause 9, sections 75 and 77 and Parts 4 to 7 of this Act apply in relation to — (a) an order of adoption; and (b) a party to an adoption under an order of adoption, and for the purposes of this Act, an order of adoption is to be treated as an adoption order under this Act, and a party to an adoption under an order of adoption is to be treated as a party to an adoption under this Act. (2) A reference in Parts 4 to 7 of this Act to a party to an adoption includes a reference to a person presumed under section 4A to be the father of an adoptee under an order of adoption, even where the father’s consent to the adoption was not required under the repealed Act. (3) Where an order of adoption is made after commencement under clause 4 or 5 8, section 78 applies to the order of adoption as if it were an adoption order under this Act. [Clause 8 amended: No. 8 of 2003 s. 86(1).] 9. Access to information, modified versions of s. 84, 85 and 88 apply to adoptions under 1896 Act (1) Paragraphs (a) and (b) of section 84(1) do not apply in relation to an adoptee or a birth parent of an adoptee under an order of adoption, and in that case, the following paragraphs apply in substitution for those paragraphs — “ (ii) less than 18 years of age and a person with parental responsibility for the adoptee, and each of the adoptee’s birth parents who consented to the adoption, consent to the adoptee having access to the information; (b) a birth parent of the adoptee, if — (ii) the adoptee is less than 18 years of age and a person with parental responsibility for the adoptee consents to the birth parent having access to the information, after having due regard to the wishes of the adoptee; ”. (2) Paragraph (c) of section 84(1) does not apply in relation to an adoptive parent under an order of adoption, and in that case, the following paragraph applies in substitution for that paragraph — “ (c) an adoptive parent of the adoptee, if — (ii) the adoptee is less than 18 years of age and each of the adoptee’s birth parents who consented to the adoption, consent to the adoptive parent having access to the information; and ”. (3) Section 84(3) does not apply in relation to an adoptive parent under an order of adoption, and in that case, the following subsection applies in substitution for that subsection — “ (3) Nothing in subsection (1) prevents an adoptive parent from obtaining a record of the order of adoption. ”. (4) Paragraphs (a) and (c) of section 85(1) do not apply to the original registration under the *Registration of Births, Deaths and Marriages Act 1961* 3 of an adoptee under an order of adoption, and in that case, the following paragraphs apply in substitution for those paragraphs — “ (ii) less than 18 years of age and a person with parental responsibility for the adoptee, and each of the adoptee’s birth parents who consented to the adoption, consent to the adoptee having access to the information; ”; and “ (c) an adoptive parent of the adoptee, if — (ii) the adoptee is less than 18 years of age and each of the adoptee’s birth parents who consented to the adoption, consent to the adoptive parent having access to the information. ”. (5) Paragraph (b) of section 85(1) does not apply to — (a) the re‑registration under section 12A of the repealed Act of the birth of an adoptee under an order of adoption; or (b) the registration under section 13A of the repealed Act of the birth of an adoptee under an order of adoption, and in those cases, the following paragraph applies in substitution of that paragraph — “ (b) a birth parent of the adoptee, if — (ii) the adoptee is less than 18 years of age and a person with parental responsibility for the adoptee consents to the birth parent having access to the information, after having due regard to the wishes of the adoptee; and ”. (6) Paragraph (a) of section 88 does not apply to an adoptee under an order of adoption and in that case, the following paragraph applies in substitution for that paragraph — “ (ii) less than 18 years of age and a person with parental responsibility for the adoptee consents to the adoptee having access to the information; ”. [Clause 9 amended: No. 8 of 2003 s. 86(2)-(5); No. 15 of 2012 s. 71(2)-(5).] 10. Access to information, effect of death of person required to consent A person’s consent in relation to access to information under this Act, as affected by clause 9, is required only if the person is living, and lack of consent because of the person being deceased is not to prevent access to the information where it would otherwise be available under this Act. 11. Access to information, effect of adoptee being mentally incapable of consenting If an adoptee’s consent for access to information is required by this Act, as affected by clause 9, but the adoptee is mentally incapable of understanding the nature and effect of the consent required, the consent may be given by the adoptee’s guardian appointed under the *Guardianship and Administration Act 1990*, or if such a guardian has not been appointed and where relevant, a person with parental responsibility for the adoptee. [Clause 11 amended: No. 15 of 2012 s. 71(6).] 12. Access to information, effect of adoptive or birth parents being mentally incapable of consenting If the consent of an adoptive or birth parent is required by this Act, as affected by clause 9, for another person’s access to information but the adoptive or birth parent is mentally incapable of understanding the nature and effect of the consent required, in that case the consent of the adoptive or birth parent to the access to the information is not required. 13. Access to information, CEO may grant access to adoptee under 18 who cannot obtain required consents (1) Where an adoptee under an order of adoption is less than 18 years of age and wishes to have access to information which requires the consent of a person who has not given consent under section 84, 85 or 88 as affected by clause 9 the adoptee may apply to the CEO to give his or her authority under section 82(2) for the adoptee to have access to the information. (2) On an application under subclause (1) the CEO may give his or her authority for the adoptee to have access to the information if the CEO is satisfied that — (a) a person with parental responsibility for the adoptee is unreasonably withholding consent, or cannot be found or contacted after reasonable enquiries; or (b) there has been a breakdown in the adoption relationship and attempts to resolve the matter have not been successful, and the adoptee is mature enough to receive the information. [Clause 13 amended: No. 34 of 2004 Sch. 2 cl. 2(8); No. 15 of 2012 s. 71(7).] 14. Reference to record of Court proceedings includes record of proceedings under 1896 Act A reference in this Act to the record of proceedings in a court, includes a reference, where the proceedings were under the repealed Act, to the record kept by the registrar of the Court, whether the proceedings were in the Court or the Supreme Court and whether before or after commencement, and includes a certified copy or a memorandum of an order of adoption mentioned in section 13A(2) of the repealed Act. 15. Reference to registration of birth includes certain other registrations A reference in this Act to the registration of the birth of an adoptee under an order of adoption, includes a reference, where the order of adoption was made before commencement, unless the contrary intention appears, to — (a) the registration of the adoptee’s birth under the *Registration of Births, Deaths and Marriages Act 1961* 3; or (b) the re‑registration of the adoptee’s birth under section 12A of the repealed Act; or (c) the registration of the adoptee’s birth under section 13A of the repealed Act, or more than one of those, as is relevant to the individual case. [Schedule 4 omitted under the Reprints Act 1984 s. 7(4)(e).] ![dline]() Notes This is a compilation of the *Adoption Act 1994* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | | **Number and year** | | **Assent** | | **Commencement** | | --- | --- | --- | --- | --- | --- | --- | | *Adoption Act 1994* | | 9 of 1994 | | 15 Apr 1994 | | s. 1 and 2: 15 Apr 1994; Act other than s. 1 and 2: 1 Jan 1995 (see s. 2 and *Gazette* 25 Nov 1994 p. 5905) | | *Local Government (Consequential Amendments) Act 1996* s. 4 | | 14 of 1996 | | 28 Jun 1996 | | 1 Jul 1996 (see s. 2) | | *Acts Amendment and Repeal (Family Court) Act 1997* Pt. 2 | | 41 of 1997 | | 9 Dec 1997 | | 26 Sep 1998 (see s. 2 and *Gazette* 25 Sep 1998 p. 5295) | | *Statutes (Repeals and Minor Amendments) Act 1997* s. 17 | | 57 of 1997 | | 15 Dec 1997 | | 15 Dec 1997 (see s. 2(1)) | | *Acts Repeal and Amendment (Births, Deaths and Marriages Registration) Act 1998* s. 6 | | 40 of 1998 | | 30 Oct 1998 | | 14 Apr 1999 (see s. 2 and *Gazette* 9 Apr 1999 p. 1433) | | *Adoption Amendment Act 1999* | | 7 of 1999 | | 13 Apr 1999 | | Act other than Pt. 3: 13 Apr 1999 (see s. 2(1)); Pt. 3: 15 Sep 1999 (see s. 2(2) and *Gazette* 3 Sep 1999 p. 4295) | | *School Education Act 1999* s. 247 | | 36 of 1999 | | 2 Nov 1999 | | 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7904) | | **Reprint of the *Adoption Act 1994* as at 2 Jan 2001** (includes amendments listed above) | | | | | | | | *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* Pt. 3 | | 3 of 2002 | | 17 Apr 2002 | | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) | | *Adoption Amendment Act (No. 2) 2003* 4, 5 | | 8 of 2003 | | 1 Apr 2003 | | s. 1 and 2: 1 Apr 2003; Act other than s. 1, 2, 5(4) and (5), 42(1) and (3), 44, 51, 53, 54, 56, 57, 59, 60 and 86(2), (4) and (5): 1 Jun 2003 (see s. 2(1) and *Gazette* 20 May 2003 p. 1783); s. 5(4) and (5), 42(1) and (3), 44, 51, 53, 54, 56, 57, 59, 60 and 86(2), (4) and (5): 1 Jun 2005 (see s. 2(2)) | | *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 12 | | 65 of 2003 | | 4 Dec 2003 | | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) | | *Criminal Injuries Compensation Act 2003* s. 73 | | 77 of 2003 | | 15 Dec 2003 | | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) | | **Reprint 2: The *Adoption Act 1994* as at 21 May 2004** (includes amendments listed above except those in the *Adoption Amendment Act (No. 2) 2003* s. 5(4) and (5), 42(1) and (3), 44, 51, 53, 54, 56, 57, 59, 60 and 86(2), (4) and (5)) | | | | | | | | *Children and Community Services Act 2004* Sch. 2 cl. 2 6 | | 34 of 2004 | | 20 Oct 2004 | | 1 Mar 2006 (see s. 2 and *Gazette* 14 Feb 2006 p. 695) | | *Acts Amendment (Court of Appeal) Act 2004* s. 37 | | 45 of 2004 | | 9 Nov 2004 | | 1 Feb 2005 (see s. 2 and *Gazette* 14 Jan 2005 p. 163) | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 2 7 | | 55 of 2004 | | 24 Nov 2004 | | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 79 | | 84 of 2004 | | 16 Dec 2004 | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* s. 63 | | 24 of 2005 | | 2 Dec 2005 | | 1 Jan 2006 (see s. 2 and *Gazette* 23 Dec 2005 p. 6244) | | **Reprint 3: The *Adoption Act 1994* as at 12 May 2006** (includes amendments listed above) | | | | | | | | *Legal Profession Act 2008* s. 638 | | 21 of 2008 | | 27 May 2008 | | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) | | *Medical Practitioners Act 2008* Sch. 3 cl. 1 | | 22 of 2008 | | 27 May 2008 | | 1 Dec 2008 (see s. 2 and *Gazette* 25 Nov 2008 p. 4989) | | *Criminal Law Amendment (Homicide) Act 2008* s. 23 | | 29 of 2008 | | 27 Jun 2008 | | 1 Aug 2008 (see s. 2(d) and *Gazette* 22 Jul 2008 p. 3353) | | *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 18 | | 8 of 2009 | | 21 May 2009 | | 22 May 2009 (see s. 2(b)) | | *Statutes (Repeals and Minor Amendments) Act 2009* s. 17 | | 46 of 2009 | | 3 Dec 2009 | | 4 Dec 2009 (see s. 2(b)) | | **Reprint 4: The *Adoption Act 1994* as at 5 Mar 2010** (includes amendments listed above) | | | | | | | | *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Health Practitioner Regulation National Law (WA) Act 2010* Pt. 5 Div. 1 | | 35 of 2010 | | 30 Aug 2010 | | 18 Oct 2010 (see s. 2(b) and *Gazette* 1 Oct 2010 p. 5075‑6) | | *Statutes (Repeals and Minor Amendments) Act 2011* s. 18 | | 47 of 2011 | | 25 Oct 2011 | | 26 Oct 2011 (see s. 2(b)) | | *Adoption Amendment Act 2012* | | 15 of 2012 | | 3 Jul 2012 | | s. 1 and 2: 3 Jul 2012 (see s. 2(a)); Act other than s. 1 and 2: 3 Dec 2012 (see s. 2(b) and *Gazette* 30 Nov 2012 p. 5773) | | **Reprint 5: The *Adoption Act 1994* as at 1 Mar 2013** (includes amendments listed above) | | | | | | | | *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | | 14 Apr 2022 | | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | | | *Working with Children (Criminal Record Checking) Amendment Act 2022* s. 53 | 47 of 2022 | | 7 Dec 2022 | | 1 Jul 2023 (see s. 2(b) and SL 2023/90 cl. 2) | | | *Electoral Amendment (Finance and Other Matters) Act 2023* Pt. 3 | 30 of 2023 | | 11 Dec 2023 | | 1 Jul 2024 (see s. 2(c)) | | | *Family Court Amendment (Commonwealth Reforms) Act 2024* s. 83 | 49 of 2024 | | 6 Dec 2024 | | 10 Feb 2025 (see s. 2(b) and SL 2025/10 cl. 2) | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Assisted Reproductive Technology and Surrogacy Act 2025* Pt. 17 Div. 2 | 19 of 2025 | 18 Dec 2025 | To be proclaimed (see s. 2(c)) | Other notes 1 The day fixed under s. 2(1) of the *Adoption Amendment Act (No. 2) 2003* is 1 June 2003: see *Gazette* 20 May 2003 p. 1783. 2 Section 16A(2) was deleted by the *Adoption Amendment Act 2012* s. 10. 3 Repealed by the *Births, Deaths and Marriages Registration Act 1998*. 4 The *Adoption Amendment Act (No. 2) 2003* s. 7(3) is a transitional provision that is of no further effect. 5 The *Adoption Amendment Act (No. 2) 2003* s. 34(2) and 59(2) read as follows: 34. Section 65 amended and validation of certain adoption orders (2) An adoption order made or purported to be made by the Court before the commencement of this Act is, and is taken always to have been, as valid and effective as it would have been if the amendments made by subsection (1) were in effect at the time the order was made or purported to be made. 59. Section 101 repealed and a provision declaring information vetoes to be ineffective from the time of the repeal (2) An information veto — (a) that was registered under Part 4 Division 4 of the *Adoption Act 1994* before the veto cut off day; and (b) that has effect immediately before the day on which subsection (1) comes into operation, has no effect on and from the day on which subsection (1) comes into operation. 6 The amendment in the *Children and Community Services Act 2004* Sch. 2 cl. 2(9) to s. 107(d) is not included because the provision it sought to amend was replaced by the *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* s. 12 before the amendment purported to come into operation. 7 The *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 5, the *State Administrative Tribunal Act 2004* s. 167 and 169, and the *State Administrative Tribunal Regulations 2004* r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act. 8 The *Adoption Act 1994* Sch. 3 cl. 4 and 5 were deleted by the *Adoption Amendment Act 2012* (No. 15 of 2012) s. 71(1). They read as follows: 4. Application for order of adoption Subject to clause 8, an application for an order of adoption filed before commencement continues to be governed by the repealed Act, despite the repeal of that Act. 5. Child placed with a view to adoption under repealed Act Subject to clause 8, where immediately before commencement, a child had been placed in a person’s care under the repealed Act for or towards or with a view to the child’s adoption by the person, an application for the child’s adoption continues to be governed by the repealed Act, despite the repeal of that Act. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** Aboriginal person 4(1) access 4(1) adoptee 4(1), 124(4) adoption applications committee 4(1) adoption authority 4(1) adoption certificate 4(1) adoption compliance certificate 4(1) adoption order 4(1) adoption plan 4(1) adoption service 4(1) adoptive parent 4(1) application 26(1), 26A assessment report 40(1) Australian citizen 4(1) birth parent 4(1) carer 4(1) Central Authority 4(1) CEO 4(1) child 4(1), 75(7), 120(1), 136D(3), 138B(3) Class 1 offence 4(1) Class 2 offence 4(1) close relative 59(1A) commencement Sch. 3 cl. 1 commencement day 145(1), 146(1A) Commonwealth Central Authority 4(1) communicate 124(2A) competent authority 4(1) contact 4(1) contact and mediation licensee 4(1) contact veto 4(1) conviction 4(1) corresponding officer 33(5), 34(4) country 4(1) Court 4(1) Department 4(1) descendant 81(1) document 4(1) effective consent 4(1) grandparent 81(1) Hague Convention 4(1) identifying information 4(1) independent counsellor Sch. 1 cl. 1(2) lineal relative 4(1) medical practitioner 4(1) mother 4(1) order of adoption Sch. 3 cl. 1 overseas jurisdiction 4(1) parentage testing order 26A parental responsibility 4(1) particulars 78(3) party to an adoption 4(1) pending charge 4(1) place 52(1A) private adoption agency 4(1) publish 120(1) Register 92(3) register 127B(1) Registrar 4(1) relative 4(1), 120(1) repealed Act Sch. 3 cl. 1 representative 4(1) revocation period 4(1) sibling 81(1), 109(3) State Central Authority 4(1) step-parent 4(1) Torres Strait Islander 4(1) veto cut off day 4(1) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer