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Adoption of Children Act 1994
1Short title
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1 Short title
This Act may be cited as the Adoption of Children Act 1994.
2 Commencement
The provisions of this Act shall come into operation on such date or
dates as is or are fixed by the Administrator by notice in the
Gazette.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Aboriginal means a person who is a member of the Aboriginal race
of Australia.
adoption list means the list established and maintained by the
Minister under section 18.
adoptive parent, in relation to a child, means a person in whose
favour an order for the adoption of a child has been made (whether
before or after the commencement of this Act).
allocation, in respect of the adoption of a child, means the
matching of a person or persons wishing to adopt a child and a
child who is available for adoption (for the purposes of the adoption
of the child) taking into account the interests and welfare of the
child and the wishes of the parent or parents of the child and the
person or persons wishing to adopt.
approved person means a person, or the holder from time to time
of a particular designation or office, approved in writing by the
Minister for a purpose under this Act.
Part 1 Preliminary
Adoption of Children Act 1994 2
care and custody, in relation to a child, means the responsibility
for the daily care and control of the child, including making
decisions concerning the accommodation, attendance at school,
clothing, feeding, transportation, behaviour and urgent or routine
health needs of the child.
child means a person who is or was available for adoption in
respect of whom an order for adoption is yet to be made or has
been made.
citizen-child means a child who was born and is domiciled in a
State or Territory.
Court means the Local Court.
Department means the department responsible through the
Minister for the administration of this Act.
disposition of property includes the grant or exercise of a power
of appointment in respect of property.
guardian, in relation to a child, means the person who has the
responsibility for the care and custody and the long term welfare of
the child (including decisions concerning education, religion, place
of residence and the general health of the child) and who has the
rights, powers and duties vested by law or custom in the guardian
of the child.
marriage means a legal marriage and married has a corresponding
meaning.
non-citizen child means a child who has not attained the age of
18 years, who has entered the Territory as a non-citizen for the
purposes of being adopted by a permanent resident of Australia
and who is intended to become a permanent resident of Australia.
overseas country means a country that is outside the
Commonwealth and the Territories of the Commonwealth and
includes part of such a country.
parent means birth parent or adoptive parent.
Register of Adoptions, see section 54(1)(a).
registrar, see section 3 of the Local Court Act 2015.
relative, in relation to a child, means a grandparent, brother, sister,
uncle or aunt of the child, whether the relationship is of whole-blood
or half-blood or by affinity, and notwithstanding that the relationship
depends on the adoption of any person.