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Adoption Act 2009
sec.282Exchanging identifying information
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### sec.282 Exchanging identifying information
A participant may exchange identifying information with another participant while an interim order is in force only if—
an adoption plan required under section 169A has been agreed; and
the chief executive has consented to each participant exchanging identifying information; and
each participant has given a notice of intention stating that the participant wishes to exchange identifying information while the interim order is in force.
A participant may exchange identifying information with another participant after a final adoption order is made only if—
either—
the chief executive has given identifying information to each participant on an application under division 2 or 3 ; or
the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and
each participant has given a notice of intention stating that the participant wishes to exchange identifying information after the final adoption order is made.
However, despite subsection (2) (a) (i) , if the participants exchanged identifying information under subsection (1) , the participants may exchange the same type of identifying information after the final adoption order is made if each participant has given a notice mentioned in subsection (2) (b) .
For an adult relative of a birth parent who is a participant under section 280 (5) , subsection (2) (a) applies as if the birth parent were the participant instead of the adult relative.
For subsection (1) (b) , the chief executive may consent to a participant exchanging identifying information while an interim order is in force for a child if the chief executive is satisfied that exchanging identifying information is not likely to be contrary to the child’s wellbeing and best interests.
s 282 sub 2016 No. 57 s 60
(sec.282-ssec.1) A participant may exchange identifying information with another participant while an interim order is in force only if— an adoption plan required under section 169A has been agreed; and the chief executive has consented to each participant exchanging identifying information; and each participant has given a notice of intention stating that the participant wishes to exchange identifying information while the interim order is in force.
(sec.282-ssec.2) A participant may exchange identifying information with another participant after a final adoption order is made only if— either— the chief executive has given identifying information to each participant on an application under division 2 or 3 ; or the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and each participant has given a notice of intention stating that the participant wishes to exchange identifying information after the final adoption order is made.
(sec.282-ssec.3) However, despite subsection (2) (a) (i) , if the participants exchanged identifying information under subsection (1) , the participants may exchange the same type of identifying information after the final adoption order is made if each participant has given a notice mentioned in subsection (2) (b) .
(sec.282-ssec.4) For an adult relative of a birth parent who is a participant under section 280 (5) , subsection (2) (a) applies as if the birth parent were the participant instead of the adult relative.
(sec.282-ssec.5) For subsection (1) (b) , the chief executive may consent to a participant exchanging identifying information while an interim order is in force for a child if the chief executive is satisfied that exchanging identifying information is not likely to be contrary to the child’s wellbeing and best interests.
- (a) an adoption plan required under section 169A has been agreed; and
- (b) the chief executive has consented to each participant exchanging identifying information; and
- (c) each participant has given a notice of intention stating that the participant wishes to exchange identifying information while the interim order is in force.
- (a) either— (i) the chief executive has given identifying information to each participant on an application under division 2 or 3 ; or (ii) the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and
- (i) the chief executive has given identifying information to each participant on an application under division 2 or 3 ; or
- (ii) the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and
- (b) each participant has given a notice of intention stating that the participant wishes to exchange identifying information after the final adoption order is made.
- (i) the chief executive has given identifying information to each participant on an application under division 2 or 3 ; or
- (ii) the participants are parties to an intercountry adoption or their participation relates to an intercountry adoption; and