QLDIn ForceAct
Adoption Act 2009
sec.36Notice of application
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### sec.36 Notice of application
As soon as practicable after filing the application in the court, the applicant must serve a copy of it on the relevant parent and, if the applicant is not the chief executive, serve a copy on the chief executive.
A served copy must state where and when the application is to be heard.
A copy served on the relevant parent must also state that the application may be heard and decided even though the relevant parent does not appear in court.
The court may dispense with the requirement to serve a copy of the application on the relevant parent if the court is satisfied of any of the following matters—
the applicant can not establish the identity of the relevant parent after making all reasonable enquiries;
the applicant can not locate the relevant parent after making all reasonable enquiries;
the relevant parent is a lineal relative of the child’s mother;
the child’s conception was a result of an offence committed by the relevant parent;
there would be an unacceptable risk of harm to the child or mother if the relevant parent were made aware of the child’s birth or proposed adoption;
there are other special circumstances for giving the dispensation.
(sec.36-ssec.1) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on the relevant parent and, if the applicant is not the chief executive, serve a copy on the chief executive.
(sec.36-ssec.2) A served copy must state where and when the application is to be heard.
(sec.36-ssec.3) A copy served on the relevant parent must also state that the application may be heard and decided even though the relevant parent does not appear in court.
(sec.36-ssec.4) The court may dispense with the requirement to serve a copy of the application on the relevant parent if the court is satisfied of any of the following matters— the applicant can not establish the identity of the relevant parent after making all reasonable enquiries; the applicant can not locate the relevant parent after making all reasonable enquiries; the relevant parent is a lineal relative of the child’s mother; the child’s conception was a result of an offence committed by the relevant parent; there would be an unacceptable risk of harm to the child or mother if the relevant parent were made aware of the child’s birth or proposed adoption; there are other special circumstances for giving the dispensation.
- (a) the applicant can not establish the identity of the relevant parent after making all reasonable enquiries;
- (b) the applicant can not locate the relevant parent after making all reasonable enquiries;
- (c) the relevant parent is a lineal relative of the child’s mother;
- (d) the child’s conception was a result of an offence committed by the relevant parent;
- (e) there would be an unacceptable risk of harm to the child or mother if the relevant parent were made aware of the child’s birth or proposed adoption;
- (f) there are other special circumstances for giving the dispensation.