Adoption of Children Act 1994

Definitions and scope: The Act defines core terms that determine coverage and the allocation of duties. “Child” is defined as a person available for adoption or already adopted (s 3). It distinguishes citizen‑child (born and domiciled in a State or Territory) from non‑citizen child (intended to become a permanent resident after entry to the Territory) (s 3). “Adoptive parent” is a person in whose favour an adoption order has been made (s 3). The Minister, Department and Court are identified as institutional actors (s 3; s 5). Delegation of Ministerial powers is expressly permitted (s 4).

Paramount consideration and cultural factors: The welfare and interests of the child are the paramount consideration for administration of the Act (s 8(1)). The Act requires explicit regard to ethnicity and religion of birth parents in welfare assessments and points to Schedule 1 as the list of matters to be taken into account (s 8(2), Schedule 1). For Aboriginal children there are specialised duties to make “every effort” to arrange custody within extended family or with appropriate Aboriginal persons in accordance with customary law, to prefer Aboriginal applicants where appropriate, to consider geographic proximity and undertakings to maintain kin and cultural contact (s 11).

Suitability, allocation and listing: Applicants resident or domiciled in the Territory may apply to the Minister to be assessed for suitability to adopt (s 17(1)). The Minister may use approved persons to carry out assessments and must decide suitability after consideration of reports (ss 17(3), 17A). For citizen‑children the Minister establishes and maintains an adoption list indicating chronological order of suitable applicants (s 18). The Minister must “have regard to” that adoption list and its chronology when arranging allocation and adoption of citizen‑children, while still considering the child’s welfare and parents’ wishes (s 20).

Consent and counselling: The Act sets a default rule that an adoption order should not be made without required consents unless dispensed by the Court (s 26). It specifies whose consent is required (parents and guardians, s 27), provides a framework where only one birth parent’s consent was initially given and the other parent may assert parenthood (s 28), and treats non‑citizen adoptions differently by requiring the Minister’s consent accompanied by a written declaration about the parent’s consent or other circumstances (s 29). Counselling by an approved person is mandatory for persons (other than the Minister) required to consent, with prescribed information to be given not later than 7 days before consent (s 30).

Guardianship pending adoption and interim orders: When required consents are in place (or dispensed with) the child is to be placed in the guardianship of the Minister while awaiting adoption for citizen‑children, with corresponding supervisory arrangements for non‑citizens (ss 36-37). The Court can make interim custody orders in favour of prospective adoptive applicants while an application is pending (s 42).

Legal effects and registration: An adoption order makes the adopted child the child of the adoptive parent(s) and severs parental status of former parents except in certain statutory contexts such as laws relating to sexual offences where relationships may be preserved (ss 45-46). Registrars must file memoranda of orders and record adoptions in the Register of Adoptions (s 54). The Act provides for recognition of other Australian adoptions (s 49) and sets conditions for recognising foreign adoptions (s 50), including a Ministerial power to approve overseas countries where the Minister is satisfied proceedings are fair (s 51).

Information access and secrecy: The Minister must keep records of adoption information (s 59) and the Act restricts access to adoption records outside the terms of the Act or regulations (s 60). Applicants to receive information must first receive counselling (s 63), and the Minister must not provide information when it would endanger someone’s personal safety (s 62(3)). There are mechanisms for notices of prohibition against release and time limits on such notices (s 65). Broad secrecy obligations apply to persons acting under the Act, with criminal penalties (s 72).

Offences and limits on private arrangements: The Act criminalises payments in consideration of adoption subject to specific exceptions (s 69), advertising that signals adoption intention (s 70), publication that identifies parties (s 71), unauthorised arrangements (s 74), false statements (s 75) and impersonation (s 76). Penal consequences, authority to prosecute and limits on hearings (in camera) are provided (ss 78, 79).

Directly affected persons and entities are: children who are or become the subject of adoption proceedings (defined as “child”, s 3); birth parents including relinquishing parents (s 3); adoptive parents and prospective adoptive applicants (s 3; ss 12-16; ss 17-21); guardians (as defined in s 3 and engaged by ss 27 and 36-37); the Minister and Department responsible for administration and their delegates and approved persons used for assessment and counselling (ss 4, 9, 17(3), 30, 59); the Local Court and its judicial officers, which have primary jurisdiction to hear adoption applications and related proceedings (s 5); the Registrar of Births, Deaths and Marriages and court registrars responsible for registration of orders and exchange of memoranda with other jurisdictions (ss 54-57); approved persons who provide counselling and assess suitability (ss 17(3), 30, 63); and panel members appointed to review suitability decisions where applicants are aggrieved (ss 22-25).

Who pays or bears costs directly under the Act: applicants may be charged fees for services determined by the Minister (s 84) and the Minister may provide assistance or waive fees (s 84(3), s 85). The Act states the Minister may provide financial or other assistance, on terms set out in writing, to persons involved in adopting a child or hosting a child awaiting adoption (s 85). Trustees and personal representatives are protected from liability for distributions made in good faith without notice of an adoption (s 47).

Administrative decision‑makers: The Minister has extensive operational responsibilities (s 9) and may delegate many of those functions (s 4). The Minister also has discretional powers such as approving overseas countries for recognition where satisfied proceedings are fair (s 51); that decision is expressly not reviewable (s 51(3)). The Court exercises evaluative and supervisory functions including dispensing with required consents where statutory grounds are met (s 35), making adoption orders only if satisfied of suitability and welfare (s 41), authorising interim custody (s 42), discharging adoption orders in cases of fraud or improper consent (s 44), and making orders about care, custody and guardianship post‑refusal (s 43).

Indirectly affected groups include Aboriginal communities (special procedural duties when the child is Aboriginal, s 11 and Schedule 1), officers in State and other Territory agencies who interact with guardianship transfers (s 36(2)-(3)), and persons who may seek access to adoption information (adopted person, relinquishing parent, adoptive parent and close relatives in certain circumstances, s 61).

Ministerial duties: The Minister is responsible for assessing suitability to adopt (including non‑citizen children), arranging allocation of citizen‑children, transferring care and custody to adoptive persons and giving consent where the Minister is guardian (s 9). The Minister must establish and maintain an adoption list for citizen‑children, keep it in chronological order and record particulars needed for arranging adoptions (s 18(1)-(2)). The Minister must remove names if persons cease to be suitable (s 18(3)). Where suitability assessments occur, the Minister may arrange for approved persons to undertake assessments and must make a decision and provide written notice with reasons if not suitable (ss 17(3), 17A).

Applicant and adoptive parent duties/rights: Applicants must be resident or domiciled in the Territory and the child must be present when the Court application is filed (s 6). They must apply to the Minister for suitability assessment (s 17). Prospective adoptive applicants must give the Minister at least 21 days’ written notice of intent to apply to Court (s 39(1)), which triggers the Minister’s duty to notify persons whose consent is required and whose details are known (s 39(2)). Applicants have rights to be listed on the adoption list if found suitable (s 18) and to seek review of adverse suitability decisions (ss 22-25).

Court duties and procedural protections: The Court shall not make an adoption order except where its jurisdictional conditions are met (residence/domicile and presence of child, s 6) and it is satisfied with a Minister’s written report and certain matters including promotion of the child’s welfare, suitability of applicants and ascertainment of parental wishes (s 41). The Court controls dispensing with consents (s 35), can make interim custody orders (s 42), can discharge adoption orders where procured by fraud or improper means (s 44), and can confine hearings to camera (s 79). The Court may require separate representation for the child (s 80).

Consent mechanics and rights: The Act sets detailed rules about whose consent is required (s 27), the necessity of counselling for those required to consent (s 30), the prescribed form and witnessing of consents (s 31), the possibility of setting aside defective consents (s 34), and the ability of a consenting person to revoke in writing within one month (s 33). For non‑citizen children, ministerial consent with a written declaration of parenthood circumstances is required before the Court may make an order (s 29).

Rights to information and counselling: Adopted persons, relinquishing parents and adoptive parents may apply to the Minister for adoption information held under the Act (s 61). The Minister must provide certain information subject to restrictions designed to protect third parties and personal safety (ss 62-64). Applicants for information must receive counselling before being supplied information (s 63). Persons may lodge notices of prohibition preventing the release of identifying information (s 65(2)-(4)).

Rights and effects of orders: Adoption orders make the child the child of the adoptive parent(s) as if birth parentage, affecting legal relationships and dispositions of property (ss 45-46). Trustees and personal representatives may act without determining whether an adoption exists unless they have notice (s 47). An adoption order’s effects are qualified for certain statutory purposes like sexual‑offence laws (s 45(2)).

Recordkeeping and confidentiality obligations: The Minister must keep and maintain records in any form (s 59). Access is restricted except as provided in the Act or regulations (s 60). Persons acting under the Act must observe secrecy and face criminal penalties for unauthorised disclosures or destruction of documents (ss 72-73).

Range of offences and penalties: The Act enumerates multiple criminal offences with specified maximum penalties, commonly expressed as “40 penalty units” for offences such as taking an adopted child away by a former parent/guardian (s 68(1)), receiving or harbouring a child knowing it was taken in contravention (s 68(2)), payments in consideration of adoptions (s 69(1)), unauthorised advertising about adoption (s 70(1)), publishing identifying information about parties to an adoption (s 71(1)), secrecy breaches (s 72(1)), destruction of records (s 73(1)), making unauthorised arrangements for transfer of custody with a view to adoption (s 74(1)), false statements in adoption matters (s 75), impersonation of persons required to consent (s 76), improper witnessing of consent (s 77). The Act’s endnotes confirm amendment history to these penalty provisions (Endnotes and the schedule of amendments).

Enforcement authority: Criminal proceedings under the Act or regulations cannot be commenced except by the Director of Public Prosecutions or with the written consent of the Solicitor for the Northern Territory (s 78). This concentrates prosecutorial initiation with central prosecutorial authorities rather than allowing private prosecutions.

Court orders and remedies: The Court can make orders dispensing with consents (s 35), grant interim custody (s 42), discharge adoption orders where procured by fraud or improper means (s 44), and make consequential orders for the welfare of the child including orders about name, property, custody and domicile (s 44(4)). The Court’s powers include directions about costs only in special circumstances (s 81) and the Act limits courtroom publicity by requiring in‑camera hearings (s 79).

Administrative enforcement and recording: Registrars have duties to register adoption orders and memoranda and to send copies to other jurisdictions when appropriate (ss 54-57). The Minister may certify compliance with counselling and consent formalities for the purposes of Court proceedings (s 30(3)), and the Minister’s actions (such as approving an overseas country for recognition) are discretionary in ways that the Act sometimes renders non‑reviewable (s 51(3)).

Regulatory offences: The Administrator may make regulations that include penalties for contravention (s 87(2)(f)), allowing subordinate legislation to create offence regimes and associated enforcement mechanisms within the parameters of the Act.

Practical consequence of penalties: Multiple provisions impose the same maximum (40 penalty units). The Director of Public Prosecutions or Solicitor’s consent requirement centralises enforcement thresholds and is a gatekeeper to criminal proceedings under the Act (s 78).

State and Commonwealth instruments referenced: The Act cross‑references several external legislative instruments and legal concepts, integrating adoption law into broader legal frameworks. The Local Court’s registrar is defined with reference to the Local Court Act 2015 (s 3 note); the Court’s jurisdiction interacts with the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) as noted at s 5; parenthood in certain circumstances is determined by the Status of Children Act 1978 for births arising from fertilisation procedures (s 3(3)); the Family Law Act 1975 (Cth) and the Guardianship of Infants Act 2016 are invoked as comparative remedies that must be considered before adoption orders are made in favour of specified classes of relatives or spouses of parents (s 15(3)(a)); and the Immigration (Guardianship of Children) Act 1946 (Cth) is referenced in relation to non‑citizen children and the transition of guardianship on entry to the Territory (s 37).

Recognition and interstate law: The Act treats adoptions effected in other Australian States and Territories as having the same effect in the Territory as an order under this Act provided they have not been rescinded under those jurisdictions (s 49). Registrars are obliged to send memoranda or copies of orders to officers in other States and Territories where births are registered (s 56). Records received from other jurisdictions are to be registered in the Territory’s Register of Adoptions and relevant birth registers updated (s 57).

Foreign adoptions: The Act sets conditions for recognising foreign adoptions (s 50), including that the adoption remains effective under the law of the foreign country, that adoptive parents obtained rights superior to birth parents in custody, that adoptive parents were put generally into the position of birth parents under foreign law, and that residency or Ministerial suitability determinations apply (s 50(1)(a)-(d)). The Minister may pre‑approve overseas countries for recognition where satisfied proceedings are fair (s 51), and that approval may carry terms and is not reviewable (s 51(1)-(3)). There is a procedure for obtaining a Court declaration of validity for foreign adoptions (s 52) which, for the purposes of Territory law, binds the Crown and may be relied on as evidence (s 52(5)-(6)).

Court rules and evidence: Proof mechanisms are tied to documentary evidence and judicial notice of signatures (ss 82-83), with registrar certification mechanisms for cross‑jurisdictional exchange of adoption particulars (ss 54-57). The Court’s jurisdictional limits are defined by residence and presence criteria (s 6), and the Act excludes application of private international law rules by stating that the Court’s jurisdiction is not dependent on facts other than those expressly specified (s 7).

Administrative law overlay and review: The Minister’s discretionary decisions are reviewable in limited ways provided by the Act, for example, suitability decisions can be reviewed by a Ministerial panel at the applicant’s request (ss 22-25) and the Minister must review the decision considering the panel’s recommendations (s 25). However, some Ministerial actions, such as approval of overseas countries, are declared non‑reviewable (s 51(3)).

Regulations and delegated rulemaking: The Administrator may make regulations to implement the Act (s 87). These regulations may prescribe forms, witnessing of consent, Register procedures, fees and penalties, and the Act explicitly reserves certain matters for the Court to make rules under the Local Court Act (s 87(1)-(2)).

Interaction with guardianship and family law remedies: The Act requires the Court to be satisfied that guardianship or custody orders under the Family Law Act 1975 or the Guardianship of Infants Act 2016 would be inadequate before making certain relative‑based adoptions (s 15(3)(a)). This requires practitioners to consider parallel family law procedures and outcomes in planning adoption applications.

The Act as presented is current as at 3 March 2023 and contains a schedule of historical amendments and consequential notes in its endnotes. Key legislative events recorded in the text and endnotes include:

• Original enactment: Adoption of Children Act 1994 (Act No. 17, 1994), assent 18 April 1994; commenced 3 May 1994 (Endnotes 2).
• Statute Law Revision Act (No. 2) 1995 (Act No. 42, 1995) amending s 16 (Endnotes 2 and 4).
• Adoption of Children Amendment Act 2006 (Act No. 6, 2006), assent 26 April 2006; commenced 26 April 2006; amendments include s 5 and transitional Part 10 and related sections (Endnotes 2, 4; pt 10 heading inserted).
• Legal Profession (Consequential Amendments) Act 2007 affecting s 23 (Endnotes 2, 4).
• Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) amending several offence provisions, including s 68 and s 69-71 (Endnotes 2, 4).
• Local Court (Related Amendments) Act 2016 (Act No. 8, 2016), making changes to procedural references and cross‑references; multiple sections amended as listed in the printed amendments table (Endnotes 2, 4).
• Adoption of Children Legislation Amendment (Equality) Act 2018 (Act No. 4, 2018), assent 19 April 2018 and commenced 20 April 2018; this amending Act made multiple changes visible in the amendments list and inserted Part 11 transitional provisions addressing equality‑related changes and their transitional operation (Endnotes 2, 4; Pt 11 inserted).
• Statute Law Revision Act 2018 (Act No. 10, 2018) making formal amendments to certain sections (Endnotes 2, 3, 4).
• Statute Law Revision Act 2023 (Act No. 4, 2023) with assent 2 March 2023 and commencement 3 March 2023,this is the date of the reprint stated at the head (Endnotes 2).

The endnotes include a list (s 4 List of Amendments) enumerating the specific sections amended by later Acts and the instrument and section of amendment. For example, s 17 was substituted by No. 4, 2023 s 6; s 17A was inserted by No. 4, 2023 s 6; s 18 was amended by No. 4, 2018 s 6 and again by No. 4, 2023 s 7. The amendments table at the end of the Act is the source’s record of changes and should be consulted for precise amendment provenance for any particular provision.

Transitional provisions: The Act contains detailed transitional provisions dealing with continuity of orders, applications and registers following repeal and re‑enactment (Part 9, ss 89-90). Part 10 and Part 11 set transitional rules for the 2006 and 2018 amending Acts respectively, including the treatment of pending applications and offence provision timing (ss 91, 93-94).

Because the reprint itself includes the endnotes’ list of amendments, practitioners should use those endnotes to track which sections were altered by which amending Act and to verify commencement dates for specific amendments where those are material to a case or administrative step.

The text of the Act as provided does not record any judicial decisions construing its provisions. It does, however, set out the procedural mechanisms and judicial powers that generate litigation pathways.

Court forum and remedies: The Local Court has exclusive jurisdiction to hear and determine proceedings instituted under the Act subject to the Act’s conditions (s 5). The Act anticipates proceedings such as applications for declarations of validity of foreign adoptions (s 52), applications for adoption orders (ss 38-41), applications to dispense with consents (s 35), applications for review of Ministerial suitability decisions via a ministerially constituted panel (ss 22-25, 25), and applications to discharge adoption orders for fraud or improper means (s 44). The Act authorises the Court to direct notice, join parties, and permit intervention (s 52(3)) and to make ancillary orders to secure the welfare of the child (s 44(4)).

Statutory presumptions and standards that affect litigation: In questions of recognition of foreign adoptions under s 50, the Court “shall … presume” that the adoption complies with the statutory requirements unless contrary evidence appears (s 50(2)(a)), but retains discretion to refuse recognition if the procedure or law applied in the foreign adoption was not fair and just (s 50(2)(b)). This creates a default evidentiary posture in litigation about foreign adoptions.

Review mechanisms and administrative law: The Act provides an internal review route for suitability decisions: an aggrieved applicant may apply to the Minister for review within one month, triggering constitution of a panel to inquire and make recommendations to the Minister, followed by a Ministerial review and notice to the applicant (ss 22-25). This administrative review process sits alongside judicial functions and could generate judicial review challenges to the exercise of Ministerial power, though the Act expressly makes certain Ministerial decisions non‑reviewable (e.g. s 51(3) approving overseas countries). The Act’s text however does not itself discuss or record any cases in which courts have been asked to review such administrative acts.

Procedural protections in litigation: Hearings in adoption matters are to be in camera (s 79); the Court may order separate legal representation for a child (s 80); and cost orders are limited to special circumstances (s 81). These rules affect litigation strategy and access to records in court proceedings.

Evidence and certification: The Act provides that certain documents are prima facie evidence (s 82) and that a certified copy of an order under s 52 may be used as evidence in other Territory proceedings (s 52(6)), thus setting the evidentiary framework within which disputes will be litigated.

Absence of enumerated case law: Because the Act text does not cite any judicial authorities or report any litigation outcomes, practitioners should search case law databases for judicial interpretation when case law is required, taking heed that the Local Court and potentially higher courts will be the forums for disputes arising under the Act.

1. Ministerial discretion with limited reviewability: The Minister has a range of discretionary powers that are centrally important to the process (assessment, allocation, consent where Minister is guardian, approval of overseas countries). Notably, the decision to approve an overseas country is declared non‑reviewable (s 51(3)). That removes a standard administrative law avenue for challenge to that specific class of decisions.

2. Adoption list chronology does not trump welfare: The Minister must keep a chronological adoption list and “have regard to” it when arranging allocations (s 18, s 20(1)). However s 20(2) expressly preserves a duty to consider all relevant matters including the child’s welfare and parental wishes. Practitioners should not assume that chronological position guarantees allocation; the Minister retains discretion to prioritise welfare.

3. Residency and presence timing: The Court will not make an adoption order unless the applicant(s) were resident or domiciled in the Territory and the child was present in the Territory at the time of filing (s 6). There is a safe harbour presumption for events occurring within 21 days before filing (s 6(2)), but the timing of residence and the child’s presence is a strict jurisdictional gate. Cases involving recent arrival or cross‑jurisdictional movement require careful attention to the 21‑day presumption and evidentiary support.

4. Consent formalities and narrow revocation window: A person may revoke consent only by notice served on the Minister within one month after signing (s 33(1)). That is a narrow revocation window and counselling and prescribed formality requirements apply (ss 30, 31). Defective consents can vitiate an application (s 34). The birth mother’s consent has special protective mechanics: consents signed before birth or within one month of birth are presumptively invalid unless fitness to consent is proven by certificates/reports (s 34(2)-(3)). These formalities and narrow windows can create late procedural traps.

5. Compulsory counselling before information release and consent: Persons required to consent must receive counselling from an approved person before consenting (s 30) and applicants for adoption information must receive counselling before being supplied information (s 63). Delay or failure to arrange approved counselling can delay consent or information release.

6. Secrecy rules with high penalties: Broad secrecy obligations are imposed on persons acting under the Act, with maximum penalties of 40 penalty units for unauthorised disclosure or destruction of records (ss 72-73). These provisions capture former office holders and continue to apply post‑service, a point to note when former employees or contractors hold records.

7. Advertising and publication prohibitions: The Act criminalises a wide range of advertising and publication likely to facilitate informal placements or identify parties (ss 70-71). There are limited exceptions if the Minister or Court approves (s 70(2), s 71(2)). Organisations and practitioners who use public platforms must obtain approval or risk criminal exposure.

8. Interaction with other remedies before pursuing relative adoptions: Before a Court makes an adoption order in favour of certain relatives or a spouse of a parent, the Court must be satisfied that orders under the Family Law Act 1975 or the Guardianship of Infants Act 2016 would not make adequate provision (s 15(3)(a)). Practitioners should prepare to show why family law remedies are insufficient before pursuing an adoption route.

9. Registration and notice obligations: Registrars must send memoranda or copies of orders to other States or Territories where the child’s birth is registered (s 56). The requirement to register and send notices creates obligations that can affect property or succession claims; trustees are protected from liability only where they had no notice of an adoption claim prior to distribution (s 47). Failure to account for registration can affect downstream rights.

10. Criminal enforcement gatekeeper: Prosecutions under the Act require DPP initiation or the Solicitor’s written consent (s 78). While that limits opportunistic prosecutions, it also means offences are likely to be pursued only where the prosecution services consider them appropriate.

For prospective adoptive applicants (individuals or couples)

1. Residency/Presence: Ensure applicant(s) are resident or domiciled in the Territory at the time of filing and the child is present in the Territory, or evidence fits the 21‑day presumption in s 6(2).

2. Apply for assessment: Lodge an application to the Minister in the prescribed form to be assessed for suitability under s 17. Specify whether the application is for a citizen‑child or non‑citizen child (s 17(2)).

3. Assessment and approved persons: Expect that the Minister may engage approved persons to conduct assessments and prepare reports (s 17(3)). Provide requested documents and submit to interviews. The Minister must make a suitability decision and notify you in writing; if not suitable, reasons must be provided (s 17A).

4. Adoption list and chronology: If suitable for a citizen‑child, your details will be placed on the adoption list. Maintain contact details and notify the Department of any change because the Minister keeps a chronological record and particulars to assist allocation (s 18).

5. Preparing for Court application: Give the Minister at least 21 days’ written notice of intent to apply for an adoption order (s 39(1)). The Minister will notify persons whose consent is required and those persons may indicate whether they intend to be parties (s 39(2)-(3)). File in the Local Court and ensure the Minister’s written report is available to the Court (ss 38, 41).

6. Consent and counselling: Ensure any person whose consent is required receives counselling from an approved person and the prescribed information at least 7 days before consent is given (s 30). Execute consent instruments in the prescribed form, properly witnessed, dated and signed (s 31). For non‑citizen children, the Minister’s written declaration regarding parenthood and consent under foreign law is required before the Court can make the order (s 29).

7. Interim custody and guardianship: If interim custody is needed, apply to the Court for an interim order (s 42). Recognise that where appropriate consents exist or have been dispensed with, the child may be placed in the Minister’s guardianship pending adoption (s 36).

For birth parents and guardians

1. Counselling before consenting: Persons required to consent must receive counselling from an approved person before giving consent (s 30). The counsellor must provide prescribed information at least 7 days before the instrument is signed.

2. Revocation window: If you change your mind after signing consent, you may revoke by serving written notice on the Minister within one month of signing; beyond that time revocation is not permitted (s 33). Service may be by personal delivery or certified mail (s 33(2)).

3. Protest and parenthood claims: If one birth parent has consented and the other is believed to be the birth parent, the non‑consenting parent is to be sent notice and has limited timeframes to take steps to establish parenthood (s 28(1)-(3)). Practitioners must act quickly where parenthood is contested.

For the Minister and administrative officers

1. Assessment and recordkeeping: Comply with s 17 by arranging for approved persons to assess applicants and keep full records in the form(s) the Minister thinks fit (s 59). Record chronological order and particulars on the adoption list for citizen‑children (s 18(2)).

2. Notifications and timeframes: On receiving a 21‑day notice of intent from applicants, the Minister must notify required consenters within 7 days (s 39(2)) and provide applicants with details of persons wishing to be parties (s 39(3)). When certifying compliance with s 30 counselling, provide a certification that is prima facie evidence (s 30(3)).

3. Exercise of discretion on overseas matters: If approving overseas countries for recognition, record the satisfaction that proceedings are fair and determine any terms and conditions; note that the Act makes these decisions non‑reviewable (s 51).

4. Confidentiality and release of information: Respond to applications for adoption information under ss 61-62 only after ensuring counselling has been provided (s 63), applying s 62(3) screening for personal safety risks, and respecting any lodged notices of prohibition (s 65). Maintain secrecy and avoid unauthorised disclosure; section 72 sets criminal sanctions for breaches.

For registrars and courts

1. Registration duties: After every adoption order or discharging order, send a memorandum in the prescribed form to the Registrar of Births, Deaths and Marriages who must register it in the Register of Adoptions and update birth registers where applicable (s 54). Where orders concern births registered in other States or Territories, send certified memoranda or copies to the appropriate officers (s 56).

2. Court evidentiary and procedural requirements: Before making an adoption order the Court must receive a Minister’s written report and be satisfied about welfare, suitability and parental wishes (s 41). Follow in‑camera hearing requirements (s 79), consider separate representation for children (s 80), and limit cost orders to special circumstances (s 81).

For organisations and third parties

1. Advertising and public communications: Do not publish advertisements or matters that indicate willingness to adopt, give up for adoption, or make arrangements for adoption without Ministerial approval (s 70). Do not publish identifying information about parties to adoptions unless approved by the Minister or the Court (s 71).

2. Prohibition on unauthorised arrangements: Do not organise private transfers of custody with a view to adoption (s 74). Exceptions cover certain family placements (s 74(2)) but practitioners should confirm authority and obtain Ministerial or Court approval where necessary.

General compliance and risk mitigation

• Keep careful, dated records of counselling, consent instruments, witnessing steps and correspondence with the Minister to evidence compliance with statutory preconditions (ss 30, 31, 33).
• Seek Court orders to dispense with consents where statutory grounds apply (s 35) rather than relying on informal releases or private arrangements.
• Be proactive in engaging approved counsellors and approved persons for assessments, and maintain copies of their reports because the Minister and Court rely on these (ss 17, 30, 41).
• Where non‑citizen adoption is involved, ensure the Minister’s declaration under s 29 is in place before litigating for an adoption order in Court.
• For cross‑jurisdictional matters, ensure proper registration and exchange of memoranda between registrars to protect downstream rights and to ensure the Register of Adoptions accurately reflects orders (ss 54-57).

Complying with the Act requires coordination among applicants, the Minister’s office, approved assessors, counselling services and the Local Court. Adherence to statutory timing, form requirements for consent, and the Ministerial notification and listing processes is central to avoiding procedural inadmissibility or later challenges.