Adoption Regulation 1993 (ACT)

This regulation sets out procedural, evidentiary and administrative requirements that implement the Adoption Act 1993 (the Act) in the Australian Capital Territory. It specifies (among other things) the form and content of applications to be entered on the register of suitable people (s 4), the circumstances and formalities for valid instruments of consent to adoption (ss 5-9), the particulars private adoption agencies must give to the director-general after an adoption (s 11), record‑keeping and security obligations for adoption records (ss 12-13, 20-21), the conditions for approval and operation of private adoption agencies (ss 14-19), and the processes and limits for registration, correction, cancellation and access to entries in the register of adoptions and re-registration of births (ss 22-29). It also prescribes who may witness consents (s 7), who the registrar-general must send memoranda of orders to in other jurisdictions (s 29, sch 1), and which administrative decisions are reviewable (s 30, sch 2).

Mechanically, the regulation:

Prescribes mandatory application content for prospective adopters seeking inclusion on the register of suitable people (s 4).
Requires that an instrument of consent to adoption be accompanied by a signed statement and be witnessed and attested by both a primary and a secondary witness with specified qualifications and functions (ss 5-9).
Imposes specific data fields private agencies must supply to the director-general after an adoption order (s 11) and obliges transfer of private agency records to the director-general if the agency ceases or has approval revoked (s 12).
Sets approval requirements for private agencies, including application documentation, governance and funding disclosures, staff qualifications and premises restrictions (s 14, ss 15-19).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Adoption Regulation 1993 SL1993-31 made under the Adoption Act 1993 Republication No 15 Effective: 16 November 2025 Republication date: 16 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Adoption Regulation 1993, made under the Adoption Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Adoption Regulation 1993 made under the Adoption Act 1993 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 2A Notes 2 2B Offences against regulation—application of Criminal Code etc 2 Part 2 Register of suitable people 4 Register of suitable people—requests for inclusion 3 Part 3 Consents 5 Consent to be accompanied by statement—Act, s 30 5 6 Conditions for signing 5

Contents Page contents 2 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Primary and secondary witnesses 5 8 Functions of primary witness 6 9 Functions of secondary witness 6 Part 5 Adoption records 11 Particulars to be given to director-general by private adoption agencies following adoption orders 8 12 Transfer of private agency records to director-general 10 13 Maintenance of records 10 Part 6 Private adoption agencies 14 Application for approval 11 15 Alteration of objects, structure or trusts of private adoption agency 13 16 Principal officer 13 17 People acting for or on behalf of private adoption agency 14 18 Adoption of overseas children or young people 14 19 Residential premises 14 20 Storage of information 15 21 Private adoption agencies not to breach Territory privacy principles 15 Part 7 Registration of adoptions 22 Register of adoptions 16 23 Registration 16 24 Access to information from register of adoptions 17 25 Re-registration of birth of adopted child or young person 18 26 Correction of errors in register of adoptions 19 27 Cancellation of entries in register of adoptions 19 27A Offence to destroy etc register 20 27B Offence to re-register birth 20 28 Obligations of registrar-general 20 29 Memoranda of orders sent to States and other Territories 21 30 Reviewable decisions—Act, s 102, def reviewable decision 21 30A Right of review and notice—Act, s 103 and s 103A 21

Contents Page R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Registering officers 22 Schedule 2 Reviewable decisions 23 Dictionary 26 Endnotes 1 About the endnotes 28 2 Abbreviation key 28 3 Legislation history 29 4 Amendment history 32 5 Earlier republications 35

R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Adoption Regulation 1993 made under the Adoption Act 1993

Part 1 Preliminary Section 1 page 2 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Adoption Regulation 1993. 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 2A Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 2B Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Register of suitable people Part 2 Section 4 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Register of suitable people 4 Register of suitable people—requests for inclusion For the Act, section 18 (1), a request by an applicant for approval to be registered as suitable for the placement of a child or young person for adoption must state the following: (a) in relation to the applicant— (i) full name; and (ii) usual place of residence; and (iii) occupation; and (iv) date and place of birth; and (v) domicile; and (vi) religion (if any); and (vii) state of health; and (viii) financial circumstances; (b) if the applicant is in a domestic partnership—the length of the partnership; (c) in relation to each child (if any) of the applicant (whether a birth child or adopted child)— (i) sex and date of birth; and (ii) the state of health of any living child; and (iii) if any child has died—the date of death; (d) whether the applicant has ever been refused an adoption order; (e) whether an adoption order or interim order in the applicant’s favour has been discharged;

Part 2 Register of suitable people Section 4 page 4 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) whether the applicant’s name is entered on a list of people seeking to adopt a child in another State or Territory; (g) if paragraph (f) applies—particulars of the entry on the relevant adoption list.

Consents Part 3 Section 5 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Consents 5 Consent to be accompanied by statement—Act, s 30 An instrument of consent must be accompanied by the statement mentioned in section 6 (b). 6 Conditions for signing A person must not sign an instrument of consent unless the person— (a) received a copy of the form of consent no later than 14 days before the date when the consent is signed; and (b) has signed a statement to the effect that he or she is the parent or guardian of the child or young person; and (c) has shown the statement to the primary witness to the signing of the instrument. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). 7 Primary and secondary witnesses (1) For the Act, section 30, an instrument of consent must be signed in the presence of, and must be attested by, a primary witness and a secondary witness. (2) A primary witness must be— (a) for an instrument signed in Australia— (i) a commissioner for declarations under the Statutory Declarations Act 1959 (Cwlth); or (ii) a justice of the peace; or (iii) a lawyer (other than a lawyer acting for the applicants); or (iv) a social worker approved by the director-general; or

Part 3 Consents Section 8 page 6 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for an instrument signed in a foreign country— (i) an Australian diplomatic officer, or an Australian consular officer, within the meaning of the Consular Fees Act 1955 (Cwlth); or (ii) a judge of a court of that country; or (iii) a magistrate or justice of the peace of or for that country; or (iv) a notary public. (3) A secondary witness must be— (a) for an instrument signed in Australia—a prescribed person under the Statutory Declarations Act 1959 (Cwlth), section 4; or (b) for an instrument signed in a foreign country—a person referred to in subsection (2) (b). 8 Functions of primary witness The primary witness to the signing of an instrument of consent must not attest to that signing unless the primary witness— (a) has informed the person signing the instrument about the legal implications of adoption and the legal consequences of signing the instrument; and (b) is satisfied that the person understands those consequences and implications. 9 Functions of secondary witness The secondary witness to the signing of an instrument of consent must not attest to that signing unless the secondary witness is satisfied that— (a) the primary witness has adequately exercised his or her functions under section 8 (a); and

Consents Part 3 Section 9 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person signing the instrument of consent understands the legal implications of adoption and the legal consequences of signing the instrument.

Part 5 Adoption records Section 11 page 8 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Adoption records 11 Particulars to be given to director-general by private adoption agencies following adoption orders For the Act, section 61 (2) (b), the prescribed particulars are as follows: (a) in relation to the adopted child or young person— (i) full name before the adoption; (ii) sex; (iii) date of birth; (iv) place of birth; (v) father’s full name; (vi) mother’s full name; (vii) full name of any other parent; (viii) mother’s maiden name (if applicable); (ix) mother’s name at date of birth of the child or young person; (x) full name following adoption; (b) in relation to each adoptive parent— (i) full name; (ii) place of residence; (iii) occupation; (iv) date of birth; (v) place of birth; (vi) domicile; (vii) religion (if any);

Adoption records Part 5 Section 11 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (viii) if married or in a civil union—date and place of marriage or civil union; (ix) if not married or in a civil union—whether in another domestic partnership or single; (c) in relation to each child (if any) of each adoptive parent (whether a birth child or adopted child)— (i) sex; (ii) date of birth; (iii) state of health of each living child; (iv) if a child has died—date of death; (d) in relation to each birth parent— (i) full name; (ii) date of birth; (iii) date when consent is signed; (iv) whether consent is general or limited; (v) details of any express wishes contained in the consent; (e) in relation to the primary witness and secondary witness to the signing of the instrument of consent— (i) full name; (ii) capacity in which the instrument is witnessed; (f) in relation to the person who provides the report to the court under the Act, section 39D (1)— (i) full name; (ii) qualifications;

Part 5 Adoption records Section 12 page 10 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) relevant experience; (iv) business address. 12 Transfer of private agency records to director-general (1) This section applies if a private adoption agency— (a) ceases to exist; or (b) has its approval revoked under the Act, section 85 (Revocation or suspension of approval). Note The director-general may revoke an agency’s approval if— • the agency asks; or • the agency is no longer suitable to conduct negotiations and make arrangements about the adoption of children or young people; or • the agency has contravened a provision of the Act, pt 6 or a regulation. (2) The person who was the last principal officer of the agency commits an offence if the person does not give the director-general all adoption records kept by the agency. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. 13 Maintenance of records For the Act, section 61 (4), all adoption records held by a private adoption agency must be kept in a lockable, fire-resistant steel cabinet. Note Adoption records held by the director-general must be held in accordance with the Territory Records Act 2002.

Private adoption agencies Part 6 Section 14 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Private adoption agencies 14 Application for approval (1) An application under the Act, section 81 by a charitable organisation for approval as a private adoption agency must be in writing setting out the following information: (a) the name of the organisation; (b) the objects and purposes, or proposed objects and purposes, of the organisation; (c) the place where the organisation has its principal office; (d) the facilities available at the principal office of the organisation, and in particular the availability of confidential interviewing rooms; (e) the full name and address of each person taking part, or proposing to take part, in the management or control of the organisation; (f) the full name and address of the person appointed as the principal officer of the organisation; (g) if the organisation is incorporated—the way and date of its incorporation; (h) the proposed method of financing the agency, including a financial statement and budget estimate; (i) details of the organisation’s affiliation with any body delivering child and family welfare services (including services for the care of a child or young person for the period before his or her placement for adoption or the period after a child or young person is removed from a failed adoption placement);

Part 6 Private adoption agencies Section 14 page 12 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (j) the structure, membership and interests of the committee of the organisation responsible for— (i) making recommendations on applications for approval as people suitable to adopt a child or young person; and (ii) conducting negotiations and making arrangements with a view to the placement of children or young people for adoption; (k) the method of keeping adoption records and the arrangements made for the safekeeping of the records; (l) the numbers, qualifications, experience and duties of people engaged, or proposed to be engaged, on behalf of the organisation to make arrangements for the adoption of children or young people; (m) the arrangements envisaged for training staff of the organisation; (n) if the agency intends to organise adoptions of children or young people from foreign countries—what arrangements have been made for that purpose between the organisation and any relevant authorities and organisations in the foreign countries; (o) the organisation’s reasons for wishing to make arrangements for the adoption of children or young people; (p) any experience of the organisation in making arrangements for the adoption of children or young people or related child and family welfare services. (2) An application under subsection (1) must be accompanied by— (a) if the organisation is incorporated—a copy of its rules, or its articles and memorandum of association; and (b) particulars of any instrument evidencing trusts relating to the organisation, together with a copy of any such instrument.

Private adoption agencies Part 6 Section 15 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Alteration of objects, structure or trusts of private adoption agency (1) This section applies if any alteration affecting the functions of a private adoption agency in relation to adoptions, or its status as a charitable organisation, happens in— (a) the objects or purposes of the agency; or (b) the rules or memorandum or articles of the agency; or (c) any trusts relating to the agency. (2) If this section applies, the principal officer of the relevant agency must give the director-general— (a) notice of the alteration; and (b) a copy of the instrument evidencing the alteration; and (c) a statement verifying the authenticity of the copy; and (d) for an alteration of the objects, purposes, rules, memorandum or articles of association of the agency—a notice that the alteration— (i) is authorised; and (ii) was made in the way provided by the rules, memorandum or articles of the agency. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). 16 Principal officer A private adoption agency must not appoint a person as principal officer of the agency unless the person— (a) has obtained a tertiary qualification in social work, or in an appropriate social science, approved by the director-general; and

Part 6 Private adoption agencies Section 17 page 14 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) has 5 years experience in providing child and family welfare services relevant to the adoption of children or young people; and (c) agrees to undertake any course of training that, in the opinion of the director-general, is necessary to enable the principal officer to carry out the duties of his or her position. 17 People acting for or on behalf of private adoption agency A private adoption agency must not permit a person to conduct negotiations or make arrangements in relation to the adoption of children or young people for or on behalf of the agency unless the person— (a) has completed a course in social work approved by the director-general; and (b) has completed 5 years practical experience in social work, of which at least 3 years is relevant to the adoption of children or young people. 18 Adoption of overseas children or young people A private adoption agency must not conduct negotiations or make arrangements in relation to the adoption of a child or young person brought from a foreign country for the purpose of adoption in the ACT unless the requirements of the Act, section 20 (2) have been complied with. 19 Residential premises A private adoption agency must not be conducted from premises normally used for residential purposes.

Private adoption agencies Part 6 Section 20 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Storage of information A private adoption agency must ensure that its adoption records are protected by reasonable security safeguards against— (a) loss; and (b) unauthorised access, use, modification or disclosure; and (c) other misuse. 21 Private adoption agencies not to breach Territory privacy principles (1) A private adoption agency commits an offence if it does something that would, if it were a public sector agency for the Information Privacy Act 2014, breach a Territory privacy principle within the meaning of that Act. Maximum penalty: 5 penalty units. Note The Territory privacy principles (the TPPs) are contained in the Information Privacy Act 2014, sch 1. The TPPs deal with the following issues: (a) open and transparent management of personal information; (b) anonymity and pseudonymity; (c) collection of solicited personal information; (d) dealing with unsolicited personal information; (e) notification of the collection of personal information; (f) use or disclosure of personal information; (g) cross-border disclosure of personal information; (h) quality of personal information; (i) security of personal information; (j) access to personal information; (k) correction of personal information. (2) An offence against this section is a strict liability offence.

Part 7 Registration of adoptions Section 22 page 16 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Registration of adoptions 22 Register of adoptions (1) The registrar-general must keep a register of adoptions for the Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The register of adoptions kept by the registrar-general under the Adoption of Children Act 1965, section 56 (a) before the commencement of the Adoption Act 1993, section 3 is to be taken to form part of the register of adoptions kept under subsection (1). (3) The registrar-general must keep an index of the entries in the register of adoptions. 23 Registration (1) The registrar-general must register a memorandum of an adoption order by entering particulars of the adoption in the register of adoptions. (2) If the registrar-general receives a memorandum or copy of an adoption order made under a law in force in a State or in another Territory, the registrar-general must register it by entering particulars of the adoption in the register of adoptions. (3) If the registrar-general receives a copy of an order, made under the Act or made under a law of a State or another Territory, for the discharge of an adoption order that has been registered in the register of adoptions, the registrar-general must register it by entering particulars of the discharge on the page of the register of adoptions where the adoption order was registered. (4) The registrar-general must register a copy of an adoption order declared by the court under the Act, section 57M to be an adoption that complies with the Act, section 57L by entering the relevant particulars in the register of adoptions.

Registration of adoptions Part 7 Section 24 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Access to information from register of adoptions (1) The registrar-general must only allow a person to have access to the register of adoptions or to any memorandum or copy of an adoption order or an order discharging an adoption order— (a) in accordance with an order of the court; or (b) if the registrar-general is satisfied that the access is properly required for the purpose of providing evidence in proceedings under the Family Law Act 1975 (Cwlth); or (c) under this section. (2) On application by an adopted person born in a foreign country or by an adoptive parent of such an adopted person, the registrar-general must issue the applicant with a certificate in the form of an entry in the register of births. (3) The applicant must provide, in writing, any additional information required by the registrar-general to issue the certificate. (4) In this section: access, in relation to the register of adoptions or a memorandum or copy of an adoption order or an order discharging an adoption order, includes— (a) inspection of the register or the memorandum or copy; and (b) for the register—provision of an extract from the register; and (c) for a memorandum of an order or a copy of a memorandum of an order—provision of a copy of, or an extract from the memorandum or copy.

Part 7 Registration of adoptions Section 25 page 18 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Re-registration of birth of adopted child or young person (1) If an order for the adoption of a child or young person born in the ACT has been registered in the register of adoptions, the registrar- general must re-register the birth of the child or young person by entering in the register of births— (a) particulars, ascertained from the memorandum or copy of the adoption order— (i) of the child’s or young person’s name after adoption; and (ii) of the sex, date and place of birth of the child or young person; and (iii) of the adoptive parents or parent; and (b) a notation to the entry, signed and dated by the registrar-general, to the effect that the birth of the child or young person is registered under this section. (2) If, for a child or young person born in the ACT, an order discharging an adoption order has been registered in the register of adoptions, the registrar-general must— (a) make a notation accordingly on the page in the register of births where the birth of that child or young person has been re-registered under subsection (1); and (b) re-register the birth of that child or young person accordingly. (3) The notation mentioned in subsection (1) or (2) must not be included on any copy of, or extract from, an entry in the register of births issued by the registrar-general. (4) If the registrar-general re-registers the birth of an adopted child or young person under this section, the registrar-general must sign and date a notation, written on the page of the register of births that contains the original entry of the birth, to the effect that the birth of the child or young person has been re-registered under this section on a specified page of the register.

Registration of adoptions Part 7 Section 26 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If an adoption order relates to a child or young person who has previously been adopted, the registrar-general must re-register the birth of the child or young person as if the entry relating to the previous adoption of that child or young person were the original entry of the birth of that child or young person. (6) This section has effect, in relation to an adoption order, or an order discharging an adoption order, made under the repealed laws and in force on 31 July 1993 as if the relevant order had been made under the Act. 26 Correction of errors in register of adoptions (1) If the registrar-general is satisfied that the register of adoptions contains an error or misstatement in, or an omission from, any particulars entered under this regulation, the registrar-general must correct the register accordingly. (2) If the registrar-general corrects an entry in the register of adoptions under subsection (1), the registrar-general must sign his or her name immediately under the correction and write the date when the correction was made. 27 Cancellation of entries in register of adoptions (1) If the registrar-general is satisfied that an entry in the register of adoptions is false, the registrar-general must cancel the entry by writing in the margin of the entry the words ‘Cancelled under the Adoption Regulation 1993, section 27’, signing his or her name immediately under those words and writing the date when the entry was cancelled. (2) The registrar-general must not cancel an entry in the register of adoptions— (a) if the entry can be corrected under section 26; or

Part 7 Registration of adoptions Section 27A page 20 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) unless the Attorney-General, or a person authorised by the Attorney-General, has approved, in writing, the cancellation of the entry. 27A Offence to destroy etc register (1) A person commits an offence if the person destroys, defaces or damages the register of adoptions. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 27B Offence to re-register birth (1) A person commits an offence if the person— (a) obtains the re-registration of the birth of an adopted child or young person; and (b) the re-registration is obtained otherwise than in accordance with this regulation. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 28 Obligations of registrar-general The registrar-general must not— (a) omit or refuse, without reasonable cause, to register in the register of adoptions in accordance with this part an adoption order or an order discharging an adoption order; or (b) omit, or refuse, without reasonable cause, to re-register in the register of births in accordance with this part the birth of an adopted child or young person who was born in the ACT; or (c) enter any particulars in the register of adoptions if those particulars are, to his or her knowledge, false or misleading in a material particular.

Registration of adoptions Part 7 Section 29 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Memoranda of orders sent to States and other Territories The prescribed officer of a State or of a Territory specified in schedule 1, column 2 to whom a memorandum of an order, or copy of the discharge of an order, for the adoption of a child or young person born in that State or Territory is to be sent under the Act, section 105 is the officer of that State or Territory specified in that schedule, column 3 opposite the name of that State or Territory. 30 Reviewable decisions—Act, s 102, def reviewable decision A decision mentioned in schedule 2, column 3, under a provision mentioned in column 2 in relation to the decision is prescribed. 30A Right of review and notice—Act, s 103 and s 103A An entity mentioned in schedule 2, column 4 is prescribed.

Schedule 1 Registering officers page 22 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Registering officers (see s 29) column 1 item column 2 State or Territory column 3 registering officer 1 New South Wales principal registrar of births, deaths and marriages 2 Victoria government statist 3 Queensland registrar-general 4 Western Australia registrar-general 5 South Australia principal registrar of births, deaths and marriages 6 Tasmania registrar of births, deaths and marriages 7 Northern Territory registrar of births, deaths and marriages 8 Norfolk Island registrar of births, deaths and marriages 9 Christmas Island registrar-general of births, deaths and marriages 10 Cocos (Keeling) Islands registrar-general of births, deaths and marriages

Reviewable decisions Schedule 2 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Reviewable decisions (see s 30 and s 30A) Note If a child or young person is mentioned in col 4 in relation to a decision, the director-general must give a notice to the child or young person only if the director-general considers it appropriate, having regard to the age of the child or young person (see Act, s 103 (2)). column 1 item column 2 section column 3 decision column 4 entity 1 Act, 18 refuse to approve application under section 18 applicant for approval 2 Act, 19 removal of person’s name from register under section 19 person whose name was removed 3 Act, 32 deny access person denied access or person who has custody of child or young person or child or young person 4 Act, 38 refuse to declare that child or young person is under director-general’s guardianship requesting authority in State or another Territory or person with whom child or young person has been placed with view to adoption or child or young person 5 Act, 62 refuse to give information, request authority to give information, or make enquires applicant for information 6 Act, 62 (3) refuse to cause search to be made in register of births or refuse to issue copy of, or extract from, search or notification of result of search applicant for search 7 Act, 68 (7) withhold information applicant for information

Schedule 2 Reviewable decisions page 24 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 decision column 4 entity 8 Act, 72 (1) supply document or information when applicant has not attended interview with approved counsellor applicant for document or information 9 Act, 72 (4) refuse to approve person as counsellor person refused approval 10 Act, 82 refuse to grant approval of private adoption agency principal officer of organisation 11 Act, 85 revoke or suspend approval principal officer of organisation that has approval revoked or suspended 12 Act, 92 deny approval of communication person who seeks approval to communicate or child or young person or adoptive parent 13 Act, 92 (b) approve communication subject to conditions or restrictions person who seeks approval to communicate or child or young person or adoptive parent 14 Act, 94 (2) (b) refuse to approve payment in respect of hospital and medical expenses adoptive parent or birth mother of child or young person or person who sought approval of payment 15 Act, 94 (2) (c) refuse to authorise payment or reward adoptive parent or birth mother of child or young person or person who sought approval of payment or reward 16 Act, 96 (2) refuse to approve advertising or other matter person who seeks approval of advertisement or other matter or child or young person

Reviewable decisions Schedule 2 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 decision column 4 entity 17 16 (a) refuse to approve tertiary qualification in social work or in appropriate social science person who seeks appointment as principal officer of private adoption agency 18 17 (a) refuse to approve course in social work person who seeks to act for or on behalf of private adoption agency

Dictionary page 26 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • civil union • director-general (see s 163) • domestic partner (see s 169 (1)) • function • proceeding. Note 3 Terms used in this regulation have the same meaning that they have in the Adoption Act 1993 (see Legislation Act, s 148). For example, the following terms are defined in the Adoption Act 1993, dict: • adoption order • birth parent • charitable organisation • court • general consent • guardian • instrument of consent • interim order • limited consent • principal officer • private adoption agency • register of births • register of suitable people. adoption record means— (a) a document; or (b) a database (however kept); or

Dictionary R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a photograph or other pictorial representation of a person; that contains personal information about a person applying to adopt a child, or a person relinquishing a child for adoption. primary witness means a person mentioned in section 7 (2). register of adoptions means the register kept under section 22. secondary witness means a person mentioned in section 7 (3).

Endnotes 1 About the endnotes page 28 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Adoption Regulations. It was renamed under the Legislation Act 2001. Adoption Regulation 1993 SL1993-31 notified 30 July 1993 (s 2 (1)) s 1, s 2 commenced 30 July 1993 remainder commenced 31 July 1993 (s 2 (2)) as amended by Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 2 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 (s 2 (1)) sch 2 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207) Regulations Revision Regulations 1994 SL1994-7 sch 1 notified 22 March 1994 commenced 22 March 1994 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 2 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 2 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 2 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 2 commenced 1 June 1998 (s 2 (2)) Children and Young People (Consequential Amendments) Act 1999 A1999-64 sch 3 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 3 commenced 10 May 2000 (s 2 (2))

Endnotes 3 Legislation history page 30 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation (Consequential Amendments) Act 2001 A2001-44 pt 8 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 8 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Parentage Act 2004 A2004-1 sch 1 pt 1.3 notified LR 18 February 2004 s 1, s 2 commenced 18 February 2004 (LA s 75 (1)) sch 1 pt 1.3 commenced 22 March 2004 (s 2 and CN2004-3) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.2 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.2 commenced 24 November 2005 (s 2) Civil Unions Act 2006 A2006-22 sch 1 pt 1.3 notified LR 19 May 2006 s 1, s 2 commenced 19 May 2006 (LA s 75 (1)) sch 1 pt 1.3 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.2 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.2 commenced 19 May 2008 (s 2 and CN2008-8) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.3 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.3 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Adoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.1 notified LR 22 October 2009 s 1, s 2 commenced 22 October 2009 (LA s 75 (1)) sch 1 pt 1.1 commenced 22 April 2010 (s 2 and LA s 79)

Endnotes Legislation history 3 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Adoption Amendment Regulation 2010 (No 1) SL2010-32 notified LR 2 August 2010 s 1, s 2 commenced 2 August 2010 (LA s 75 (1)) remainder commenced 3 August 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.6 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.6 commenced 1 July 2011 (s 2 (1)) Civil Unions Act 2012 A2012-40 sch 3 pt 3.3 notified LR 4 September 2012 s 1, s 2 commenced 4 September 2012 (LA s 75 (1)) sch 3 pt 3.3 commenced 11 September 2012 (s 2) Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.1 notified LR 4 November 2013 s 1, s 2 commenced 4 November 2013 (LA s 75 (1)) sch 2 pt 2.1 commenced 7 November 2013 (s 2 and CN2013-11) Note The High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55) Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.2 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.2 commenced 17 November 2014 (s 2) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.2 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.2 commenced 27 April 2016 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.3, sch 4 pt 4.7 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.3, sch 4 pt 4.7 commenced 16 November 2025 (s 2 (1), (9))

Endnotes 4 Amendment history page 32 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R2 LA; R4 LA Dictionary s 2 om A2001-44 amdt 1.64 ins SL2010-32 s 6 Notes s 2A ins A2005-54 amdt 1.3 Offences against regulation—application of Criminal Code etc s 2B ins A2005-54 amdt 1.3 Definitions for regulation s 3 am A2001-44 amdt 1.66, amdt 1.67 defs reloc to dict SL2010-32 s 5 om SL2010-32 s 6 def Act om A2001-44 amdt 1.65 def adoption list am A1999-64 sch 3 om SL2010-32 s 4 def determined fee om A2001-44 amdt 1.65 Register of suitable people pt 2 hdg sub SL2010-32 s 7 Register of suitable people—requests for inclusion s 4 sub SL2010-32 s 8 am SL2010-32 s 13 Consent to be accompanied by statement—Act, s 30 s 5 sub A2001-44 amdt 1.68; A2016-18 amdt 3.5 am A2025-29 amdt 4.7 Conditions for signing s 6 am SL2010-32 s 13; A2016-18 amdts 3.6-3.8 Primary and secondary witnesses s 7 am A1997-96 sch 2; A1999-64 sch 3; A2011-22 amdt 1.26; A2025-29 amdt 3.3 Access to information pt 4 hdg om R8 LA Prescribed information—incest and sexual assault s 10 om A2009-36 amdt 1.1

Endnotes Amendment history 4 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Particulars to be given to director-general by private adoption agencies following adoption orders s 11 hdg am A2011-22 amdt 1.26 s 11 am A2004-1 amdt 1.14; pars renum R3 LA (see A2004-1 amdt 1.15); A2006-22 amdt 1.12 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.3; SL2010-32 s 9, s 13; A2012-40 amdt 3.11 Transfer of private agency records to director-general s 12 hdg am A2011-22 amdt 1.26 s 12 am A1999-64 sch 3 sub A2005-54 amdt 1.4 am SL2010-32 s 14; A2011-22 amdt 1.26 Maintenance of records s 13 am A1999-64 sch 3 sub A2009-36 amdt 1.2 am A2011-22 amdt 1.26 Application for approval s 14 pars renum R2 LA am SL2010-32 s 13, s 14 Alteration of objects, structure or trusts of private adoption agency s 15 am A1999-64 sch 3; A2011-22 amdt 1.26; A2016-18 amdt 3.9, amdt 3.10 Principal officer s 16 am A1999-64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26 People acting for or on behalf of private adoption agency s 17 am A1999-64 sch 3; SL2010-32 s 14; A2011-22 amdt 1.26 Adoption of overseas children or young people s 18 hdg am SL2010-32 s 14 s 18 am SL2010-32 s 13, s 14 Private adoption agencies not to breach Territory privacy principles s 21 sub A2005-54 amdt 1.5; A2014-49 amdt 1.2 Register of adoptions s 22 am A1993-64 sch 2; A2001-44 amdt 1.69 Registration s 23 am A1993-64 sch 2; A2001-44 amdts 1.70-1.72; SL2010-32 s 10; A2025-29 amdt 4.7 Access to information from register of adoptions s 24 am A1993-64 sch 2; A2001-44 amdt 1.73-1.75; A2025-29 amdt 4.7

Endnotes 4 Amendment history page 34 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Re-registration of birth of adopted child or young person s 25 hdg am SL2010-32 s 13 s 25 am A1993-64 sch 2; SL2010-32 s 11, s 13 Correction of errors in register of adoptions s 26 am A1993-64 sch 2 Cancellation of entries in register of adoptions s 27 am A1993-64 sch 2 Offence to destroy etc register s 27A ins A2005-54 amdt 1.6 Offence to re-register birth s 27B ins A2005-54 amdt 1.6 am SL2010-32 s 13 Obligations of registrar-general s 28 hdg sub A2005-54 amdt 1.7 s 28 am A1993-64 sch 2; A2005-54 amdt 1.8; SL2010-32 s 13 Memoranda of orders sent to States and other Territories s 29 am A2001-44 amdts 1.76-1.78; SL2010-32 s 13 Reviewable decisions—Act, s 102, def reviewable decision s 30 am SL1994-7 sch 1; A1994-60 sch 2; A1999-64 sch 3 sub A2008-37 amdt 1.15 Right of review and notice—Act, s 103 and s 103A s 30A ins SL1994-7 sch 1 am A1994-60 sch 2; A1999-64 sch 3 sub A2008-37 amdt 1.15 Determination of fees s 31 om A2001-44 amdt 1.79 Registering officers sch 1 orig sch 1 om A2001-44 amdt 1.80 (prev sch 2) renum as sch 1 A2001-44 amdt 1.81 Reviewable decisions sch 2 hdg note am A2011-22 amdt 1.26 sch 2 orig sch 2 renum as sch 1 ins A2008-37 amdt 1.16 am A2009-36 amdt 1.3; items renum R8 LA; SL2010-32 s 13; A2011-22 amdt 1.27

Endnotes Earlier republications 5 R15 16/11/25 Adoption Regulation 1993 Effective: 16/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict ins SL2010-32 s 12 am A2011-22 amdt 1.28; A2012-40 amdt 3.12; A2013-39 amdt 2.1 (A2013-39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)) def adoption record reloc from s 3 SL2010-32 s 5 def primary witness reloc from s 3 SL2010-32 s 5 def register of adoptions reloc from s 3 SL2010-32 s 5 def secondary witness reloc from s 3 SL2010-32 s 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1994-60 31 January 1995 2 A2001-44 11 April 2002 3 A2004-1 22 March 2004 4 A2004-1 3 November 2004 5 A2005-54 24 November 2005 6 A2008-14 19 May 2008 7 A2008-37 2 February 2009 8 A2009-36 22 April 2010 9 SL2010-32 3 August 2010 10 A2011-22 1 July 2011 11 A2012-40 11 September 2012 12 A2013-39 (never effective) 7 November 2013 12 (RI) A2013-39 (never effective) ≠ 24 February 2014

Endnotes 5 Earlier republications page 36 Adoption Regulation 1993 Effective: 16/11/25 R15 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 A2014-49 17 November 2014 14 A2016-18 27 April 2016 ≠ reissue because of High Court decision in relation to A2013-39 © Australian Capital Territory 2025

This regulation operates by specifying concrete administrative concepts and definitional scaffolding the Act uses. Key statutory concepts are: register of suitable people (s 4), instrument of consent and its witnesses (ss 5-9, dict), adoption records (dict), private adoption agency approval processes (pt 6, s 14), register of adoptions and re-registration of births (pt 7, ss 22-25), and offences and penalties attached to record keeping and procedural breaches (ss 12(2), 21(1), 27A-27B).

Register of suitable people: Section 4 prescribes the mandatory data required when an applicant applies to be registered as suitable for placement. The list is granular: full name, residence, occupation, date and place of birth, domicile, religion (if any), state of health, financial circumstances, domestic partnership length (if applicable), particulars of applicant’s children (sex, DOB, health, deaths), any past refusals or discharges of adoption orders, and whether the applicant is on adoption lists elsewhere (and particulars if so). The concept is operationalised as a dossier‑style intake standard that enables screening and cross‑jurisdictional checks (s 4).

Instrument of consent and witnesses: Sections 5-9 define formalities for valid consents. An instrument of consent must be accompanied by a signed statement (s 5, s 6(b)) and cannot be signed unless the person has received the form at least 14 days prior (s 6(a)). The regulation distinguishes primary witnesses, who must be persons such as a commissioner for declarations, JP, lawyer (not acting for applicants), or an approved social worker for instruments signed in Australia (s 7(2)(a)), and secondary witnesses, who are prescribed persons under the Statutory Declarations Act or similar foreign officers for overseas signings (s 7(3)). The primary witness has an active gatekeeping role (must inform the signatory about legal implications and be satisfied of understanding, s 8), and the secondary witness must be satisfied that the primary witness performed that function adequately and that the signatory understands the legal consequences (s 9). This creates a two‑tier attestation check with differing duties.

Adoption records: The regulation defines adoption records broadly to include documents, databases and photographs (dict). It mandates the specific particulars private agencies must report to the director‑general after adoption orders (s 11) and prescribes security, storage and transfer standards: records must be kept in a lockable, fire‑resistant steel cabinet (s 13), protected by reasonable security safeguards against loss and unauthorised access (s 20), and transferred to the director‑general if the agency ceases or loses approval (s 12). Private agencies are also criminalised (strict liability) for actions that would breach Territory privacy principles (s 21).

Private adoption agencies: Approval requires a written application that discloses objects, principal office, confidential interview facilities, governance, principal officer details, incorporation instruments, financing and budget estimates, affiliations with child and family welfare services, committee structure, record‑keeping methods, staffing (numbers, qualifications, experience) and training arrangements, and arrangements for overseas adoptions if any (s 14). The regulation prescribes qualifications and experience for principal officers (tertiary qualification in social work or appropriate social science approved by director‑general, five years’ relevant experience, and undertaking training if required, s 16) and for persons conducting negotiations on behalf of agencies (approved social work course plus five years’ practical experience with three years relevant to adoption, s 17). It prohibits agencies being run from premises normally used as residential (s 19).

Registration of adoptions and registrar‑general obligations: The registrar‑general must maintain the register of adoptions, index entries, register memoranda of inter‑jurisdictional orders, register adoptions made elsewhere (s 23), re‑register births following ACT adoptions (s 25), correct errors (s 26), cancel false entries (s 27) subject to Attorney‑General approval (s 27(2)), and must not omit or refuse without reasonable cause to perform these functions (s 28). Access is tightly circumscribed: court orders, satisfaction that access is required for Family Law Act proceedings, or other limited grounds in s 24(1) (including issue of a certificate for adopted persons born overseas, s 24(2)).

Procedural review: Schedule 2 enumerates decisions of the director‑general and registrar‑general that are reviewable (s 30, s 30A), and schedule 1 names the registering officers in other jurisdictions to whom memoranda should be sent (s 29, sch 1). The regulation therefore operationalises both administrative discretion and procedural safeguards.

These concepts turn policy categories from the Act into operational gates and record duties, create criminal and strict liability sanctions for certain procedural breaches, and allocate practical responsibilities among applicants, private agencies, the director‑general and the registrar‑general.

The regulation distributes duties and constraints across identifiable actors: prospective adoptive applicants, birth parents or guardians signing consent, primary and secondary witnesses to consents, private adoption agencies and their staff and principal officers, the director‑general, the registrar‑general, and specified interstate or territory registering officers. It also affects courts, prospective counsellors, and persons seeking access to adoption records.

Prospective adopters and applicants: People applying to be registered as suitable (Act, s 18) must provide the detailed particulars set out in s 4, which include personal, health, financial and family data. The requirement to disclose financial circumstances and children’s health creates an information burden that applicants must satisfy before registration.

Birth parents and guardians: Section 6 imposes a minimum 14‑day delay between receipt of the form of consent and signing, and requires a signed statement confirming parental or guardianship status that must be shown to the primary witness (s 6(b)-(c)). These procedural protections impose time and documentary requirements on persons relinquishing a child or consenting.

Witnesses and lawyers: Persons acting as primary witnesses must be specific officers (commissioner for declarations, JP, lawyer not acting for the applicants, or approved social worker) for signings in Australia, or specified diplomatic, judicial or notarial officers for foreign signings (s 7(2)). Secondary witnesses must be prescribed persons under the Statutory Declarations Act (s 7(3)). The primary witness has a distinct legal function to inform and ensure comprehension (s 8). Lawyers are expressly included as permissible primary witnesses but disqualified if acting for the applicants (s 7(2)(a)(iii)), which affects who may perform legal attestation in an adoption setting.

Private adoption agencies and charities: Entities seeking approval as private adoption agencies must meet considerable documentary, governance and facility requirements in s 14, including budget estimates, staff qualifications and training arrangements, committee structures, and methods for safeguarding confidential interview rooms (s 14(d), (h)-(m)). Principal officers must hold approved tertiary qualifications and at least five years’ relevant experience (s 16). Persons who conduct negotiations on behalf of an agency must have completed approved social work training and five years’ practical experience (s 17). Agencies are prohibited from operating from residential premises (s 19) and must secure records (ss 13, 20). These rules directly affect charities and non‑profit organisations seeking to operate in the adoption market by setting entry standards and ongoing compliance obligations.

Director‑general and registrar‑general: The director‑general receives particulars from private agencies (s 11), accepts transfers of records under s 12, approves or refuses agency approvals and training qualifications (s 14, sch 2 items), and must comply with review obligations (s 30A). The registrar‑general must maintain and index the register of adoptions, perform re-registration of births, correct errors, and is subject to limitations on cancelling entries (ss 22-28). Both officers bear administrative responsibilities and legal duties, and their decisions are captured as reviewable under schedule 2.

Interstate officers and courts: The registrar‑general interacts with registering officers in other States and Territories in the manner specified in schedule 1 (s 29). Courts are potential gatekeepers of access to the register of adoptions (s 24(1)(a)).

Third parties: Persons seeking access to records (adopted persons, adoptive parents, birth parents, the Family Law Act process) are affected by s 24, which limits access to court orders, Family Law Act evidentiary need, and prescribed grounds. Private agencies also face criminal exposure if they act in ways that would breach Territory privacy principles (s 21).

Who pays and who decides: The regulation imposes informational and compliance costs primarily on applicants and private adoption agencies (data collection, premises, qualifications, record storage and transfer); it places decision‑making power in the director‑general (approvals, training approvals, revocations) and the registrar‑general (registration, indexing, correction and cancellation subject to Attorney‑General approval for cancellations). Penalties (monetary and criminal) fall on individuals and organisations who fail to comply with specified duties (see ss 12(2), 21(1), 27A, 27B), with penalty unit maxima established by the Legislation Act and recorded in the republication preamble.

This regulation articulates discrete duties for applicants, witnesses, private adoption agencies, principal officers, and registry officers, and circumscribes rights to access and review.

Duties of applicants:

Provide the detailed particulars required for inclusion on the register of suitable people (s 4). That includes personal, health and financial details, and particulars of previous adoption proceedings (s 4(a)-(g)).
For instruments of consent, ensure the person signing received the consent form at least 14 days prior, sign a confirming statement that they are parent or guardian, and show that statement to the primary witness (s 6(a)-(c)).

Duties of primary and secondary witnesses:

Primary witnesses must be persons specified in s 7(2) and must inform the signatory about the legal implications of adoption and be satisfied the person understands those consequences before attesting (s 7(2), s 8).
Secondary witnesses must be persons specified in s 7(3) and must be satisfied that the primary witness performed their functions adequately and that the signatory understands the implications (s 9).

Duties of private adoption agencies:

On approval application, supply the full schedule of documents and information in s 14 (objects, principal office, confidential interviewing facilities, committee structure, financing, staff qualifications, affiliations, and for overseas adoptions, international arrangements) and accompany the application with incorporation rules or trust instruments where applicable (s 14(1)-(2)).
Notify director‑general promptly of alterations in objects, rules, or trusts and supply authenticated copies and verification statements, including confirmation that alterations were authorised as required (s 15).
Appoint a principal officer who meets the qualification and experience requirements and who agrees to undertake any training the director‑general deems necessary (s 16).
Ensure persons acting for the agency in negotiations meet the prescribed training and experience standards (s 17).
Not operate from residential premises (s 19).
Keep adoption records in a lockable, fire‑resistant steel cabinet and protect adoption records by reasonable security safeguards against loss, unauthorised access, use, modification or disclosure, and other misuse (ss 13, 20).
Transfer all adoption records to the director‑general if the agency ceases to exist or has approval revoked; failure to transfer is an offence (s 12(1)-(3)).

Duties of registrar‑general:

Keep and index the register of adoptions (s 22).
Register memoranda of adoption orders and interstate adoptions, and discharge orders, and re‑register births of ACT‑born adopted children (ss 23-25).
Correct errors and, where necessary, cancel false entries with the Attorney‑General’s written approval (ss 26-27).
Not omit or refuse, without reasonable cause, to register orders, re‑register births, or enter particulars known to be false (s 28).

Rights and constrained access:

Access to the register of adoptions is tightly limited. The registrar‑general may only allow access in accordance with a court order, where the registrar‑general is satisfied access is properly required for Family Law Act proceedings, or under s 24 (s 24(1)). For adopted persons born overseas or their adoptive parents, the registrar‑general must issue a certificate (s 24(2)) once additional information is provided (s 24(3)).
Decisions listed in schedule 2 (for example, refusal to approve an applicant, refusal to grant approval to a private adoption agency, refusal to grant access) are reviewable administrative decisions (ss 30-30A; sch 2). Schedule 2 also prescribes who must receive notice of review rights (s 30A; sch 2, col 4).

Penalties and enforcement duties:

Certain breaches carry specific offences (s 12(2) offence for failing to transfer records,maximum 5 penalty units; s 21(1) breach of Territory privacy principles,maximum 5 penalty units; s 27A destroying the register,maximum 5 penalty units; s 27B improper re‑registration,maximum 5 penalty units). Several are strict liability offences (ss 12(3), 21(2), 27A(2), 27B(2)).
The Criminal Code applies to offences against the regulation (s 2B), with general principles of criminal responsibility, defences and burdens; penalty units are those listed in the Legislation Act and given in the republication preamble.

Decision rights and review:

Schedule 2 prescribes a list of reviewable decisions and identifies prescribed entities who must be given notice of and can seek review (s 30, s 30A; sch 2). For example, applicants refused approval under Act s 18, persons whose names were removed under s 19, and organisations refused approval as private adoption agencies under Act s 82 are entitled to review (sch 2 items 1, 2, 10).

In sum, the regulation turns statutory discretion into specific duties and bounded rights: it prescribes what must be provided, who may witness, how records must be secured and handled, who may be approved to operate as a private adoption agency, and the limited channels by which affected persons may obtain access or administrative review.

The regulation creates criminal offences and administrative obligations and anchors enforcement in both criminal law (via the Criminal Code) and administrative review mechanisms.

Criminal offences and penalty quantum:

Offences are specified with maximum penalty units. The republication preamble records that, at the republication date, a penalty unit is $160 for an individual and $810 for a corporation (preamble). Specific maximum penalties in the regulation include:
- Failure by the last principal officer to give the director‑general all adoption records where a private adoption agency ceases or has approval revoked: maximum 5 penalty units (s 12(2)).
- Private adoption agency action that would breach a Territory privacy principle (if the agency were a public sector agency under the Information Privacy Act 2014): maximum 5 penalty units (s 21(1)).
- Destroying, defacing or damaging the register of adoptions: maximum 5 penalty units (s 27A(1)).
- Obtaining re‑registration of the birth of an adopted child otherwise than in accordance with this regulation: maximum 5 penalty units (s 27B(1)).

Strict liability:

The regulation expressly declares some offences to be strict liability (s 12(3), s 21(2), s 27A(2), s 27B(2)). Where strict liability applies, prosecution does not need to prove subjective fault; defences available under the Criminal Code (for strict liability) will be relevant (see s 2B note referencing Criminal Code ch 2).

Criminal Code application and evidentiary implications:

Section 2B makes explicit the Criminal Code, ch 2 applies to all offences against the regulation. That chapter sets out general principles of criminal responsibility (intention, recklessness, strict liability, burdens of proof and defences), meaning enforcement is subject to Commonwealth criminal law norms as extended by the Legislation Act. The regulation therefore embeds both the Code’s fault constructs and the procedural contours of criminal prosecution into enforcement.

Administrative enforcement and review:

Administrative decisions made under the Act and regulation are subject to review where schedule 2 prescribes them as reviewable decisions (ss 30-30A; sch 2). Schedule 2 lists specific decisions (for example, refusing to approve an applicant under Act s 18, removing a name from the register under Act s 19, refusing approval of a private adoption agency under Act s 82) and identifies the entities who may receive notice and seek review (sch 2, col 3-4). The director‑general’s and registrar‑general’s decisions are therefore subject to procedural scrutiny, and parties have statutory pathways for merits review.

Registrar‑general obligations and constrained discretion:

The registrar‑general is bound by mandatory duties: to maintain the register, register memoranda of orders, re‑register births after adoption orders (ss 22-25), correct errors (s 26), and cancel false entries only subject to Attorney‑General approval (s 27(2)). The registrar‑general must not omit or refuse without reasonable cause to register or re‑register entries (s 28). These provisions function as both substantive obligations and implicit enforcement constraints on registry officers.

Record security as enforceable requirement:

The regulation requires private agencies to keep records in lockable, fire‑resistant steel cabinets (s 13) and to maintain reasonable security safeguards against loss and unauthorised access, use, modification or disclosure (s 20). Breach of privacy principles is criminalised (s 21), turning data security lapses into a potential prosecution risk.

Interplay with other enforcement regimes:

The regulation cross‑references the Information Privacy Act 2014 (s 21), Statutory Declarations Act 1959 and Consular Fees Act 1955 (s 7), and the Family Law Act 1975 (s 24(1)(b)) for access in evidence. Enforcement thus occurs at the intersection of criminal sanction, administrative review and privacy law.

Practical enforcement consequences:

The relatively low monetary maxima (5 penalty units) for the listed offences suggest criminal enforcement is designed to penalise procedural non‑compliance rather than deliver large fines, but strict liability design increases prosecutorial simplicity. Agencies and principal officers therefore face tangible compliance risk for record‑management and reporting obligations, and applicants face procedural invalidation risks if consent formalities are not observed (ss 5-9).

The regulation is tightly integrated with the Act and several Commonwealth and Territory Acts, creating a layered legal architecture.

Adoption Act 1993: The regulation is made under the Adoption Act 1993 and operationalises numerous sections of the Act. It prescribes matters required by the Act (for example, the particulars for the register of suitable people under Act s 18, implemented by s 4 of the regulation), identifies reviewable decisions under Act s 102 via schedule 2, and establishes administrative processes required by the Act such as registration and re‑registration of adoptions (pt 7).

Criminal Code (Commonwealth): Section 2B expressly applies the Criminal Code, ch 2, to offences against the regulation. This links mental element definitions, defences and strict liability rules in the Criminal Code to prosecutions under the regulation.

Statutory Declarations Act 1959 (Cwlth): The regulation refers to prescribed persons under the Statutory Declarations Act for secondary witness status (s 7(3)) and nominates commissioners for declarations and other offices as primary witnesses (s 7(2)), thereby aligning witness formalities with federal statutory attestations.

Information Privacy Act 2014 (ACT): Section 21 criminalises actions by a private adoption agency that would, if committed by a public sector agency, breach a Territory privacy principle under the Information Privacy Act. The regulation therefore imports privacy standards into private agency operations and creates a criminal sanction for breaches (s 21(1)), converting public sector privacy expectations into enforceable obligations on private providers.

Family Law Act 1975 (Cwlth): Section 24(1)(b) permits access to the register of adoptions where the registrar‑general is satisfied access is properly required for the purpose of providing evidence in proceedings under the Family Law Act. The regulation thus expressly acknowledges cross‑jurisdictional evidentiary needs in family law litigation.

Territory Records Act 2002: A note requires adoption records held by the director‑general to be maintained in accordance with the Territory Records Act 2002 (s 13 note). The regulation therefore signals that records under director‑general custody are subject to Territory records management laws.

Consular Fees Act 1955 (Cwlth) and foreign law: For instruments signed in a foreign country, primary witnesses may be Australian diplomatic or consular officers within the meaning of the Consular Fees Act 1955, or appropriate judicial officers or notaries of that country (s 7(2)(b)). This facilitates cross‑border formalities by referencing federal consular definitions and foreign judicial offices.

Registrar‑general and interstate recording: Section 29 and schedule 1 identify which officers in other States and Territories receive memoranda of adoption orders. The regulation therefore operationalises interstate recognition and record exchange in accordance with the Act’s s 105.

Territory administrative law and review regime: Schedule 2 and s 30A operate within the administrative law framework provided by the Act and the ACT’s administrative review mechanisms (referenced by the Administrative Appeals (Consequential Amendments) Act 1994 and later amendments in the legislation history). The regulation prescribes which decisions attract review rights, integrating with the broader administrative appeals architecture.

Legislation Act 2001 and penalty units: The regulation’s notes and the preamble reference the Legislation Act 2001 on topics such as the legal status of notes, definitions, and monetary value of penalty units (preamble; s 2 note). This situates the regulation within the general statutory drafting and interpretation rules of the Territory.

High Court precedent reference: The endnotes reference Commonwealth v Australian Capital Territory [2013] HCA 55 with respect to the inapplicability of the Marriage Equality (Same Sex) Act 2013, and the amendment history records legislative amendments that were never effective in consequence. While not altering the regulation directly, the reference indicates the regulation’s amendment and republication history sits within a broader constitutional context.

Overall, the regulation is not freestanding: it depends on Commonwealth definitions and acts for evidentiary offices and forms, imports privacy standards from the Information Privacy Act, relies on the Criminal Code for offence construction, and interfaces with interstate registration and federal family law , producing a cross‑linked compliance web for practitioners.

The republished regulation includes an explicit amendment history in its endnotes. The instrument has been amended multiple times since its original making in 1993. The key chronological points and amendments recorded in the provided legislation history and amendment history are:

Original instrument: Adoption Regulation 1993 (SL1993-31), notified 30 July 1993; most provisions commenced 31 July 1993 (Legislation history).
Early consequential amendments: Registrar‑General (Consequential Provisions) Act 1993 (A1993‑64) and subsequent Regulations Revision in 1994 (SL1994‑7).
Administrative and consequential updates: Administrative Appeals (Consequential Amendments) Act 1994; Legal Practitioners (Consequential Amendments) Act 1997; Children and Young People (Consequential Amendments) Act 1999.
Renaming and restructuring under the Legislation Act 2001 and related amendments, including renumberings and relocations of definitions (Legislation history and amendment history).
Notable functional updates:
- Parentage Act 2004 (A2004‑1) amendments to s 11 and related paragraphs.
- Criminal Code Harmonisation Act 2005 (A2005‑54), which inserted s 2A notes and s 2B to apply the Criminal Code to the regulation’s offences.
- Amendments reflecting civil partnership and civil unions legislative changes (Civil Partnerships Act 2008, Civil Unions Act 2006 references, though Civil Unions Act 2006 was later disallowed).
- Adoption Amendment Act 2009 (No 2) and subsequent Adoption Amendment Regulation 2010 (No 1) (SL2010‑32) which made multiple substantive changes including relocations of definitions into the dictionary, and edits to witness and application provisions (see amendment history).
- Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 (A2011‑22) and Civil Unions Act 2012 (A2012‑40) produced further changes.
- Marriage Equality (Same Sex) Act 2013 appears in the amendment history with the note that the High Court held the Act to be of no effect in Commonwealth v Australian Capital Territory [2013] HCA 55; the amendment record notes that that Act never became effective insofar as it affected the regulation.
- Justice and Community Safety Legislation Amendment Act 2014 (No 2) and Red Tape Reduction Legislation Amendment Act 2016 introduced further amendments, mostly modernising and simplifying drafting.
- Statute Law Amendment Act 2025 (A2025‑29) includes amendments recorded as commencing 16 November 2025 (see legislation history for details).

Technical drafting changes:

The Legislation Act 2001 has driven editorial relocations and definition refinements; earlier s 3 definitions were relocated into the regulation’s dictionary (SL2010‑32).
Some provisions were omitted or replaced (for example, s 10 was omitted by A2009‑36).
The dictionary was inserted and amended over time to reflect current drafting practice and to centralise definitions like adoption record, primary witness, register of adoptions and secondary witness (SL2010‑32; A2011‑22; A2012‑40).

The endnotes include a detailed list of each amending instrument, notification and commencement dates, and notes where specific parts did not commence or were later disallowed. They also list republication numbers and earlier republications that aggregated particular amendments (Endnotes 3-5). The amendment history records relocations and renumberings that practitioners must track when comparing earlier printed versions to current in‑force text.

For practical use, the amendment history means practitioners should rely on the republished consolidated text (this document’s source) for current obligations, and consult the endnotes where a specific historical reading or the chronology of an amendment (for example to witness qualifications or privacy provisions) is relevant to a matter under advice.

The regulation’s endnotes reference litigation that affected related ACT legislation and thereby informs the amendment record. The principal case named in the provided text is Commonwealth v Australian Capital Territory [2013] HCA 55. The endnotes state that the High Court held the Marriage Equality (Same Sex) Act 2013 to be of no effect and that portions of the amendment history that depended on that Act were never effective (Endnotes, Legislation history). The republished regulation records the consequence that certain changes recorded in the amendment columns tied to A2013‑39 never had legal effect because of the High Court’s decision.

Beyond that single, explicitly named High Court decision, the regulation’s endnotes do not list other judicial authorities or case law affecting the text. The administrative review provisions (s 30 and s 30A, sch 2) make certain director‑general and registrar‑general decisions reviewable, and the Administrative Appeals (Consequential Amendments) Act 1994 and later administrative regime changes are noted in the legislation history, which indicates that administrative appeal processes and tribunal structures have been materially relevant to the operation of adoption decision review. The history also records consequential amendments linked to the establishment of the ACT Civil and Administrative Tribunal (A2008‑37), which would have affected how reviewable decisions are heard and determined administratively, though the regulation’s text itself does not list tribunal case law.

Practical implications for litigators and advisers:

Because the regulation incorporates Criminal Code ch 2 rules (s 2B), criminal prosecutions under the regulation will invoke Code doctrines on fault, strict liability and defences. Practitioners conducting criminal defence or prosecutorial work should therefore assess applicable Code precedents on strict liability and available statutory defences.
Administrative law practitioners should note the set of reviewable decisions in schedule 2 and the entities prescribed in schedule 2, column 4, for standing and notice purposes, and cross‑check the current administrative tribunal jurisdiction and procedures in the ACT to determine correct appeal routes.
Where an adopted person or party seeks record access that is constrained under s 24, the risk of judicial review or challenge could arise if the registrar‑general refuses access without relying on statutory grounds. Section 28 precludes omission or refusal without reasonable cause, which could be judicially reviewable as a failure to exercise a statutory duty.

In short, litigation history explicitly recorded in the source is limited to the High Court decision that rendered one amending Act ineffective; practitioners must therefore focus on the administrative review pathways, Criminal Code interactions, and tribunal structures that govern dispute resolution under the regulation.

The regulation contains a number of specific procedural and drafting features that commonly generate compliance risks and litigation points. Practitioners should flag these concrete traps.

Strict liability offences and low monetary maxima:

Several offences are strict liability (s 12(3) transfer failure; s 21(2) privacy breach; s 27A(2) destroying the register; s 27B(2) improper re‑registration). Strict liability reduces the prosecutorial burden on mens rea, increasing exposure for individuals and agencies, even where culpable intent is absent. Although the maximum monetary penalty for these breaches is relatively low (5 penalty units), strict liability may carry reputational and administrative consequences beyond the fine (ss 12(2), 21(1), 27A(1), 27B(1)).

Consent formalities are prescriptive:

Instruments of consent require a 14‑day notice period before signing (s 6(a)), a signed statement of parental or guardian status (s 6(b)), and attestation by both a primary and a secondary witness (ss 5, 7). Failure to comply can invalidate the consent and imperil the adoption order process. The role of primary and secondary witnesses is prescriptive: the primary witness must explain legal implications and be satisfied the signatory understands (s 8), and the secondary witness must be satisfied the primary witness performed these functions (s 9). Practitioners should not assume a single attestation suffices.

Qualification and conflict constraints on witnesses:

Lawyers are listed as acceptable primary witnesses only if they are not acting for the applicants (s 7(2)(a)(iii)). A lawyer who represents an adopting party cannot act as the primary witness for that party’s consent. This can produce conflicts if legal advisors are used as attestors; the regulation requires that the primary witness be independent from the adopting applicants.

Data collection and privacy trap:

Section 11 requires private agencies to collect and provide extensive personal information about adopted children, adoptive parents and birth parents. Section 21 then makes it an offence for a private agency to act in a way that, if it were a public sector agency, would breach a Territory privacy principle. Agencies therefore face a dual risk: a compliance burden to collect sensitive personal data and a criminal risk if they fail to handle that data in a way that complies with the Territory privacy principles.

Record security specifics:

Adoption records must be kept in a lockable, fire‑resistant steel cabinet (s 13). Electronic records are not explicitly exempted from s 13’s container requirement; the dictionary defines adoption record to include databases (dict). Section 20 separately requires reasonable security safeguards against loss and unauthorised access. Agencies must ensure their physical and electronic security regimes satisfy both mandates to avoid an offence and to meet transfer obligations under s 12.

Transfer of records on cessation:

If a private adoption agency ceases to exist or has its approval revoked, the last principal officer must give all adoption records to the director‑general (s 12(1)-(2)); failure is a strict liability offence. Small charities or volunteer‑run agencies may be particularly at risk if they do not maintain chain‑of‑custody and transfer plans.

Prohibition on residential premises:

Agencies are prohibited from being conducted from premises normally used for residential purposes (s 19). This catches small community organisations operating from shared residential spaces, and requires deliberate office arrangements.

Re‑registration pitfalls and secrecy of notation:

When the registrar‑general re‑registers a birth following adoption, the notation of re‑registration must not be included on any copy or extract issued by the registrar‑general (s 25(3)). This can lead to confusing practical outcomes for persons who obtain extracts; the physical register contains an internal notation, but issued copies will not show it.

Cancellation constraints:

The registrar‑general cannot cancel an entry in the register of adoptions if it can be corrected under s 26, and any cancellation requires written approval from the Attorney‑General or a person authorised by the Attorney‑General (s 27(2)). Cancellation is therefore constrained and may be slow, with the Attorney‑General as a bottleneck.

Interjurisdictional memorandum mechanics:

Section 29 and schedule 1 prescribe the registering officers in other States and Territories to whom a memorandum must be sent. Failure to follow the prescribed officer list could lead to record mismatches and cross‑jurisdictional recognition problems.

Access restrictions and evidence:

Access to the register is limited to court orders, Family Law Act evidentiary requirements, or the narrow grounds in s 24; an adopted person born overseas may obtain a certificate in the form of an entry in the register of births but must provide additional information as required (s 24(2)-(3)). Practitioners should not assume free public access to adoption registers.

Administrative review complexity:

Schedule 2 lists reviewable decisions and prescribes particular persons entitled to notice. Applicants or agencies may lose procedural rights if they are not the entity listed in schedule 2, column 4. The note to schedule 2 also instructs discretion in giving notice to children or young people depending on age (sch 2 note), which can create evidentiary and procedural complexity.

Amendment and editorial history:

The endnotes show numerous amendments and relocations of definitions (SL2010‑32, A2011‑22, etc.). Practitioners relying on older templates or precedents must check the consolidated republished text as numbering and definitions have changed.

In practice, the combination of strict procedural formalities, data security obligations, strict liability offences and tightly circumscribed access rights makes meticulous compliance essential. Procedural slip-ups, particularly around consent attestation, record security and transfer, and privacy handling, are the common sources of regulatory and criminal exposure under this regulation.

Compliance under the regulation requires operational steps for applicants, consent signatories and witnesses, private adoption agencies and registry officers. Below are concrete compliance prescriptions drawn from the regulation with cross‑references to the relevant sections.

For applicants seeking registration as suitable (s 4):

Prepare a dossier containing the specific particulars listed in s 4(a)-(g): full name, usual place of residence, occupation, DOB and place, domicile, religion (if any), health status, financial circumstances, domestic partnership length if applicable, particulars for each child, and history of any previous adoption orders or interim orders.
Where the applicant appears on adoption lists in other jurisdictions, obtain particulars of the entry and include them (s 4(f)-(g)).
Retain documentary evidence to support statements about financial circumstances and health to be available if required by the director‑general.

For those giving or obtaining consent (ss 5-9):

Ensure the consenting parent or guardian receives a copy of the consent form at least 14 days prior to signing (s 6(a)).
Have the consenting person sign the required statement that they are the parent or guardian (s 6(b)) and present that statement to the primary witness (s 6(c)).
Arrange for the instrument of consent to be signed in the presence of both a primary and a secondary witness meeting s 7 qualifications. For signings in Australia, the primary witness must be a commissioner for declarations, JP, a non‑representing lawyer, or a social worker approved by the director‑general (s 7(2)(a)). For foreign signings, use the persons listed in s 7(2)(b).
Ensure the primary witness fulfils their active role: inform the signatory of legal implications and be satisfied of the signatory’s understanding (s 8). The secondary witness must confirm the primary witness performed this function and that the signatory understood (s 9).
Keep records of witness identities and capacities, as these particulars are required in post‑adoption reporting (s 11(e)).

For private adoption agencies (ss 11-21):

When applying for approval as a private adoption agency, submit the fully detailed written application specified in s 14(1), including objects, principal office, confidential interviewing facilities, management and governance details, principal officer identity, incorporation instruments, financing statements and budget estimates, affiliations with child and family welfare service bodies, committee structure, record‑keeping methods, staff qualifications and training arrangements, and overseas adoption arrangements if relevant (s 14(1)(a)-(o)).
Attach incorporation rules or trust instruments as required (s 14(2)).
Notify the director‑general of any alterations to objects, rules or trusts and provide authenticated copy and verification (s 15).
Appoint a principal officer who holds a tertiary qualification in social work or an approved social science and who has five years’ relevant child and family welfare experience, and ensure the person agrees to undertake training the director‑general requires (s 16).
Ensure persons negotiating or making arrangements on behalf of the agency have completed an approved social work course and have five years’ practical experience, three of which are relevant to adoption (s 17).
Do not operate from premises that are normally used for residential purposes (s 19).
Maintain adoption records securely: keep them in a lockable, fire‑resistant steel cabinet (s 13) and apply reasonable security safeguards against loss and unauthorised access, use, modification or disclosure (s 20). For electronic databases, map how on‑line or off‑line records meet the “reasonable security” requirement and ensure physical backups are secured in compliant cabinets where originals or prints exist.
Build data handling policies to ensure compliance with the Territory privacy principles (Information Privacy Act 2014); because s 21 makes a breach a criminal offence, implement privacy audits, staff training and technical controls (s 21(1)).

Record transfer and cessation planning (s 12):

Maintain an inventory and chain‑of‑custody for all adoption records. If the agency ceases or approval is revoked, promptly transfer all adoption records to the director‑general. Designate and train the principal officer on transfer procedures to avoid s 12(2) offences. Keep contemporaneous proof of transfer.

For registry officers (ss 22-29):

Registrar‑general staff should ensure registers are kept and indexed (s 22), that memoranda of adoption orders and discharges are promptly entered (s 23), and that births of ACT‑born adopted children are re‑registered with the required notations and cross‑references (s 25).
When correcting entries, follow s 26: sign and date corrections.
For cancellations, obtain written approval from the Attorney‑General before cancelling entries (s 27(2)).
When issuing extracts or certificates, observe s 25(3) that the re‑registration notation is not included on copies or extracts.

Access controls and evidence (s 24):

Establish clear application and vetting procedures for access requests: only release copies or permit inspection under court order, where the register is required for Family Law Act proceedings, or under the narrow grounds in s 24.
For adopted persons born overseas requesting certificates, ensure they provide any additional information the registrar‑general requires (s 24(2)-(3)).

Training and governance:

Implement staff training to meet the training obligations for principal officers and agency staff (s 16(c), s 17). Keep training records and curricula for inspection.
Adopt written policies to ensure compliance with notice periods for consent signings, witness roles, and privacy handling.

Administrative review readiness:

Track decisions in schedule 2 that may be reviewable, keep documentation of notices issued and who is entitled to seek review (s 30; sch 2). Ensure procedural fairness when making decisions that are listed in schedule 2 to reduce risk of merits review.

Documentation and audit:

Keep evidence of compliance: dated copies of applications, witness statements, training certificates, minutes of committee meetings, secure storage logs, records transfer receipts, and correspondence with the director‑general and registrar‑general.

Legal engagement:

Where uncertainty exists (for example, qualification approvals by the director‑general under s 16 or s 17, or whether specific data handling practices meet the Territory privacy principles), seek the director‑general’s written guidance or legal advice, and document any approvals to rely on them in regulatory or criminal contexts.

By mapping these regulatory requirements into concrete operational steps and record trails, applicants, agencies and registry officers can reduce the likelihood of strict liability exposure, administrative refusals, and data‑security prosecutions.

Adoption Regulation 1993

Plain English Summary

Deep Dive

What it does

Current sections

Adoption Regulation 1993

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply