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
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