This Regulation sets out the detailed processes, forms and administrative rules that put the Adoption Act 2000 into operation for New South Wales. Mechanically it:
Prescribes approved forms, time limits and what must accompany applications to adopt (for example, approved application forms, medical reports and identity documents) (clauses 37, 40, 42, 80).
Requires specified suitability checks before anyone may be assessed or approved to adopt (identity, criminal, Community Services, designated agency and accredited service provider checks, and referee checks) and extends many checks to people aged 14–16 who live in the household (clauses 44, 58).
Sets the criteria decision-makers must have regard to when assessing suitability (health, age, skills, capacity to provide stability, cultural and religious considerations, finances, relationships and results of checks) (clauses 45, 59).
Gives decision-makers (the Secretary or the principal officer of an accredited adoption service provider) powers to require information, to approve subject to conditions, to refuse assessment or approval, and to revoke approvals (clauses 41, 46, 49, 50, 56, 60, 64).
Establishes and governs an adoption register, rules for placing children for adoption and selection of applicants, including how cultural and religious wishes of parents are to be considered and when departure from such wishes may be authorised (clauses 65–73).
Prescribes what must be in an adoption plan and what records must be kept and supplied to parties (clauses 75, 87–88, 126).
The Adoption Regulation 2015 (NSW) is subordinate legislation made under the Adoption Act 2000 (the Act). Its primary function is to prescribe the operational machinery that turns the Act’s high-level principles into workable processes. It does this across eight Parts.
Part 1 contains preliminary matters: the Regulation’s name, commencement (1 September 2015), definitions (cl 3) and a note that the Regulation’s own notes are not part of the law (cl 4). The definitions are critical; they import concepts such as “accredited adoption service provider check”, “designated agency check”, “Community Services check”, “prescribed selection criteria” (cross-referencing cll 45 and 59) and “relevant decision-maker” (Secretary or principal officer of an accredited provider).
Part 2 (cll 5–35) was entirely repealed by the Adoption Amendment (Leave) Regulation 2022 (2022 (779), sec 3(1)). Its former content is therefore irrelevant to current operation, but its repeal illustrates how the Regulation is used as a flexible vehicle for policy change without amending the principal Act.
Part 3 governs selection of prospective adoptive parents other than step-parents, relatives or authorised carers. It prescribes the form of expression of interest (cl 37), mandatory information that must be given to applicants (cl 38), adoptive-parent education and training (cl 39), the form of application (cl 40), power to require further information (cl 41), mandatory accompanying documents (cl 42), post-receipt actions (cl 43), and—most onerously—suitability checks (cl 44). These checks include approved identity information, designated-agency checks where material knowledge exists, accredited-provider checks, nationwide criminal record checks, Community Services checks, and at least two references. Additional checks under the are mandated by s 45(2) of the Act (noted in cl 44(1) and (3)).
Current sections
Direct links to the current provisions in Adoption Regulation 2015.
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Official source available
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Regulates consent procedures (who can witness, what counselling and timing is required, and the form of consent) and the register of counsellors (clauses 77–86, 78).
Defines what adoption information people may obtain after adoption (extensive lists of prescribed information for adopted persons, adoptive parents, birth parents, siblings and others, with separate rules for adoptions before and after 1 January 2010) and sets procedural safeguards for disclosure (clauses 91–112, 93–101, 99–101, 104–112).
Prescribes information sources (specific agencies), how information is exchanged between them, contact veto and advance-notice procedures, and how the Reunion and Information Register operates (clauses 113–124, 116–121).
Sets fees, payment timing, who bears expenses for intercountry adoption applications and administrative offences and penalties for improper disclosure or conduct (clauses 129–130, 74, 110, 123).
Who this affects
Prospective adoptive parents and authorised carers who apply to adopt: they must use approved forms, undergo checks, attend education or counselling when required, pay fees or expenses, and report significant changes (clauses 37–49, 52–64, 39, 129, 130).
Accredited adoption service providers and their principal officers: they may be decision-makers, must follow the prescribed criteria and procedures, supply information to applicants and to the Secretary, and cooperate in record-keeping and reporting (clauses 36, 38, 43, 46(7), 65(2), 115, 126).
The Department (Secretary) and courts: the Secretary operates the adoption register, makes determinations, issues supply authorities, endorses contact vetoes, and may authorise information sharing; the Court exercises specified hearing and record functions (clauses 65, 104, 114–118, 89, 127).
Birth parents, adopted persons and siblings: the Regulation sets out what information they may obtain and the safeguards and procedures applying to disclosure (Part 6 and Part 7, clauses 93–112, 115–121).
Counsellors and specified information-source organisations (named in clause 113): eligibility, registration, training and designated-person rules apply (clauses 77–78, 113).
Why it matters (officially stated purpose and operational effect)
The Regulation implements the Adoption Act by specifying forms, thresholds, processes and safeguards intended to ensure thorough assessment of applicants and controlled access to adoption information. The text frames these measures as addressing suitability and welfare through mandatory checks, counselling, prescribed criteria and information controls (for example, clauses 44, 45, 77, 105, 107). Mechanically, the Regulation channels decision-making power and information flows through the Secretary and accredited adoption service providers and sets enforceable duties and penalties for confidentiality and certain disclosures (clauses 41, 46, 74, 114).
Practical effects, incentives and trade-offs (source‑grounded)
Who pays: Applicants bear many direct costs—medical reports (clauses 42, 43, 55, 56), education course costs if required (clauses 39, 54), fees payable before services or information are supplied (clause 129), and all expenses for intercountry adoption applications (clause 130). This creates a direct financial barrier or deterrent to applicants who cannot afford those costs.
Administrative and compliance burden on applicants and households: Applicants and persons who reside in the household must provide multiple documents, undergo multiple checks and may be required to update particulars periodically or when circumstances change (clauses 42, 44(3), 48, 49(d)–(e)). That creates ongoing reporting and administrative obligations for applicants.
Bureaucratic discretion and decision-making centralisation: The Secretary and principal officers have multiple discretionary powers to require information, refuse assessment, approve subject to conditions, revoke approvals, and authorise supply of otherwise non-prescribed information (clauses 41, 46, 49, 50, 104, 107, 108). These provisions concentrate judgment calls with public officials and authorised officers, which affects how uniformly rules are applied and introduces areas where decision-making practice and guidance (for example, guidelines in clauses 106–109) determine outcomes.
Effects on independent providers and private choice: Accredited adoption service providers are recognised as decision-making actors and information sources; they may assess, approve and, when requested, make arrangements for adoptions (clauses 36, 38, 69, 113). That recognises a role for non-government providers but also requires them to share information with the Secretary and comply with prescribed rules (clauses 43, 46(7), 115). The Regulation therefore both permits private provider participation and subjects them to regulatory reporting and referral obligations.
Data access versus confidentiality trade-offs: The Regulation grants significant entitlements to adoption-related records (Parts 6–7) while simultaneously imposing confidentiality limits and penalties for unauthorised disclosure (clause 74). It creates procedural checks before release (identity verification, counselling where sensitive information is involved, advance notices and contact veto mechanisms) (clauses 105–118). Those mechanisms reduce the risk of direct identification but also add delay and administrative steps to legitimate information requests.
Concentrated benefits and diffuse costs: Accredited adoption service providers and named information-source organisations have formal roles and responsibilities (clause 113). Costs (fees, time spent complying with checks and forms) are concentrated on applicants and on departmental administration (records, notifications). The Regulation structures benefits (ability to be approved and considered for placement) to particular approved applicants while imposing obligations on many parties.
Substitution and opportunity costs: The requirement that applicants pay for medical reports and other checks (clauses 42, 43) and the 4‑year approval duration with periodic update requirements (clauses 48–49) may change applicant behaviour—some may opt not to apply or to use accredited providers instead of the Secretary. Time and resources spent meeting regulatory requirements are opportunity costs relative to alternative family‑formation choices.
Implementation and enforcement risks: The Regulation requires consistent record-keeping (case records must be maintained and not destroyed—clause 126) and coordination between multiple entities (information sources, accredited providers and the Secretary). The Secretary has obligations to publish or make guidelines available (clause 106) and to endorse contact vetoes on records (clause 116); inconsistent guidance or resourcing could affect uniform application.
Notable penalties and mandatory constraints
Confidential adoption information disclosure carries a maximum penalty of 25 penalty units (clause 74).
Breach of an undertaking relating to contact with putative birth fathers carries a maximum penalty of 25 penalty units (clause 110).
Leaving messages with intent to intimidate, harass or threaten is an offence (maximum 5 penalty units) (clause 123).
Procedural timelines and limits
Expressions of interest remain effective for 12 months (clause 37(2)).
Approvals generally last 4 years unless the decision-maker stipulates a longer period (clauses 48(1), 62(1)).
Counselling must be within a prescribed window before signing consent (not more than 30 days, not less than 72 hours; special rule for birth mother of a newborn) (clause 85).
Advance notice period for personal information requests is prescribed as 3 months unless the Secretary specifies otherwise (clause 124).
Administrative records and registers
The Secretary must keep an adoption register containing named particulars and indicate whether approval followed application to an accredited provider or the Secretary (clause 65). Names are removed on adoption orders, by request, or where suitability changes (clause 66). Case records must be maintained and cannot be destroyed (clause 126).
Repeals and amendments recorded in the text
The Regulation replaces the Adoption Regulation 2003 (clause 2 note). The text also records repeals of Part 2 and Schedule 1 and shows some amendment annotations (see notes adjacent to those provisions). These changes modify which provisions remain effective and which were removed (see clause 2 note and various "Rep 2022" and "Am" notes).
Child Protection (Working with Children) Act 2012
Clause 45 lists the prescribed selection criteria the relevant decision-maker must consider when assessing suitability under s 45(1)(a) of the Act. These range from the applicant’s health, age and maturity to financial capacity, ability to maintain cultural identity and religious faith, willingness to facilitate contact with birth family, stability of character and relationships, and (if previously an authorised carer) compliance with the Children and Young Persons (Care and Protection) Act 1998.
Clause 46 empowers the decision-maker to decline to assess, approve, approve with conditions, or decline approval. Principal officers must notify the Secretary of decisions (cl 46(7)). Notification to the applicant must include reasons and review rights (cl 47). Approvals last four years (cl 48), may be conditional (cl 49) and can be revoked (cl 50).
Part 4 creates a parallel but streamlined regime for authorised carers who have been caring for a child in out-of-home care and wish to adopt that child (see s 45C of the Act and cl 51 note). The Secretary may invite such carers to apply (cl 52). Information, training, documents, checks and criteria are similar but tailored (cll 53–64). Notably, cl 60(7) requires a working-with-children check clearance for the carer and every adult resident before assessment can proceed.
Part 5 deals with placement and court proceedings. It requires an adoption register (cl 65), rules for removal of names (cl 66), and expressly states that register placement confers no entitlement (cl 67). Before placement, medical and social histories must be obtained (cl 68). Selection from the register, religious and cultural matching, and departure from parental wishes are tightly regulated (cll 69–73). Strict confidentiality obligations attract a 25-penalty-unit maximum (cl 74(2)). Adoption plans must address contact, cultural identity, information exchange, financial assistance and duration (cl 75). Review is by rules of court or approved form (cl 76).
Division 4 of Part 5 sets out the counsellor qualification and registration regime (cll 77–78), mandatory written information (cl 79), prescribed consent forms (cl 80), who may witness consents (cl 81), witnessing duties (cl 82), notification of general consents (cl 83), prohibition on witness fees (cl 84), counselling timing (cl 85) and special rules for Aboriginal and Torres Strait Islander children (cl 86).
Division 5 requires particular particulars to be recorded for adoption and discharge orders (cl 87) and approved forms for records (cl 88).
Part 6 prescribes the adoption information that various parties are entitled to receive. Division 2 (post-1 January 2010 adoptions) grants adopted persons, adoptive parents, birth parents and non-adopted siblings detailed non-identifying background information plus specific documents (cll 93–97). Division 3 does the same, with differences, for pre-2010 adoptions (cll 99–101). Additional prescribed information can be released where the Secretary is satisfied it is unique, welfare-promoting and procedural fairness is observed (cl 104). Guidelines govern release, sensitive information, putative fathers and discretion (cll 105–110).
Part 7 designates additional information sources (cl 113), regulates exchange between sources (cl 115), contact-veto procedures (cll 116–118) and the Reunion and Information Register (cll 119–123). Advance-notice periods are prescribed (cl 124).
Part 8 deals with reviewable decisions (cl 125), case records (cl 126), inspection rights (cl 127), when Children’s Guardian acts take effect (cl 128), fees (cl 129), intercountry expenses (cl 130), prescribed classes for financial assistance (cl 131), authorised officers for prosecutions (cl 132), prescribed research organisations (cl 132A) and savings (cl 133).
In short, the Regulation operationalises the entire adoption lifecycle from initial expression of interest through to lifelong information rights.
Who it affects
The Regulation casts a wide net.
Prospective adoptive parents and authorised carers: They must complete approved forms (cll 37, 40, 52), attend training at their own expense (cll 39, 54), supply medical reports, marriage and birth certificates, proof of NSW residence (cll 42, 55), submit to exhaustive checks (cll 44, 58) and satisfy the cl 45 or cl 59 criteria. Approvals last only four years and can be revoked (cll 48, 50, 62, 64). Authorised carers receive a streamlined pathway but still face working-with-children clearance requirements (cl 60(7)).
Birth parents and guardians: They must receive mandatory written information and counselling within prescribed windows (cll 79, 85), may revoke consent within 30 days (cl 80), and can express wishes about religion, culture and contact that the relevant decision-maker must make reasonable efforts to honour (cll 71–73). They are entitled to prescribed information about the adopted person’s life (cll 95, 101) but subject to vetoes and guidelines.
Adopted persons: Once 18, they gain extensive rights to non-identifying background information, birth details, adoption orders, medical reports and messages (cll 93, 99). They may lodge contact vetoes and advance notices.
Non-adopted siblings and relatives of deceased parties: They have targeted information rights (cll 97, 102, 103).
Secretary and relevant decision-makers: The Secretary maintains the adoption register (cl 65), removes names in specified circumstances (cl 66), issues guidelines, exercises discretion on additional information (cl 104), manages the Reunion and Information Register (cll 119–123), and is the default relevant decision-maker. Principal officers of accredited providers share many of these functions and must report decisions (cl 46(7)).
Accredited adoption service providers and designated agencies: They conduct checks, provide training, hold information, and are bound by confidentiality (cl 74) and information-exchange rules (cl 115). Their principal officers are relevant decision-makers.
Children’s Guardian: Receives case records and court documents for oversight functions (cll 126, 127) and may receive confidential adoption information (cl 74(1)(c)).
Courts: Must receive reports (cl 73(2)(c)), conduct preliminary hearings on prescribed matters (cl 89), and have their records opened only to authorised persons (cl 127).
Information sources (including prescribed non-government agencies listed in cl 113): They hold and release prescribed information subject to guidelines, vetoes and advance-notice checks (cll 105–114).
Key duties and rights
Duties fall heaviest on decision-makers. Before assessing suitability they must obtain the suite of checks in cl 44(1) or cl 58(1). They must acknowledge applications (cll 43(1), 56(1)), notify outcomes with reasons and review rights (cll 47, 61), and, for principal officers, advise the Secretary (cl 46(7)). Placement decisions must respect religious and cultural wishes unless impracticable, in which case detailed notification and reporting duties arise (cll 71–73). Confidentiality is mandatory; breach attracts 25 penalty units (cl 74(2)).
Counsellors must be registered (cl 78), hold prescribed qualifications (cl 77(2)), provide reports on minors’ capacity (cl 77(3)) and certify understanding before consent is witnessed (note to cl 80).
Information sources must follow release guidelines (cl 105), confirm absence of vetoes or advance notices (cl 114), and update the Reunion and Information Register (cl 120).
Rights are reciprocal. Applicants have rights to information about processes, criteria and fees (cl 38), to receive copies of reports relied upon (cl 47(2)(a)), and to request reasons and internal review under Chapter 10 of the Act (cll 47(2)(b), 50(2)(b), 61(2)(b)). Birth parents may express wishes that must be considered (cll 71, 72). Adopted persons, birth parents and others enjoy statutory entitlements to prescribed information (Part 6), subject only to the guidelines, vetoes and discretionary withholding powers in cll 104–110. Authorised carers invited to apply enjoy a tailored process that recognises their existing relationship with the child (Part 4).
Penalties and enforcement
The Regulation contains only two offence provisions. Clause 74(2) makes unauthorised further disclosure of confidential adoption information an offence punishable by 25 penalty units. Clause 123 prohibits leaving intimidating, harassing or threatening messages on the Reunion and Information Register (5 penalty units). Clause 110(4) creates a 25-penalty-unit offence for breaching an undertaking not to contact a putative birth father.
Enforcement is otherwise administrative. Reviewable decisions (cl 125) include refusals to assess, refusals to approve, revocations and conditional approvals. These are reviewable under Chapter 10 of the Act. The General Counsel of the Department is an authorised officer for prosecutions (cl 132). The Children’s Guardian may inspect records for oversight (cll 126(d), 127(d)). Case records cannot be destroyed (cl 126(3)), ensuring long-term accountability.
How it interacts with other laws
The Regulation is expressly parasitic on the Adoption Act 2000. Almost every substantive clause cross-references a section of the Act (e.g. cl 45 refers to s 45(1)(a); cl 75 to s 47(2); Part 6 to ss 133C–137). It also imports definitions from the Interpretation Act 1987 (cl 3 note).
It intersects with the Children and Young Persons (Care and Protection) Act 1998 via designated agencies, authorised-carer status, and compliance history that must be considered (cl 45(l), cl 59(j)). The Child Protection (Working with Children) Act 2012 supplies mandatory clearances (notes to cll 44 and 58; cl 60(7)). The Children’s Guardian Act 2019 and Children’s Guardian Regulation 2022 govern oversight and allow principal officers to use alternative criteria (cl 46(4), cl 60(4)).
Information-release provisions must be read with the Births, Deaths and Marriages Registration Act 1995 (access policies, Register information) and privacy legislation. The Subordinate Legislation Act 1989 repealed the 2003 Regulation on commencement (cl 2 note). Savings provisions (cl 133) preserve acts done under the 2003 Regulation.
Recent changes and why
The most significant recent change is the repeal of the whole of Part 2 (cll 5–35) by the Adoption Amendment (Leave) Regulation 2022 (2022 (779), sec 3(1)). Although the repealed clauses are not reproduced in the current compilation, their removal streamlines the instrument and suggests that detailed rules previously governing intercountry or other specialised adoptions have been moved into policy or the principal Act.
Amendments in 2018 (No 28, Sch 2.2) and 2017 (No 25, Sch 1.2) refined notification methods (cl 47(1A), cl 61(1A)) and principal-officer reporting. The 2022 amendments also updated cll 46, 60, 74, 125, 126 and 127 to align with changes in children’s guardian legislation and to remove obsolete references.
These changes reflect three policy drivers visible on the face of the text: (1) emphasis on permanency for children in out-of-home care (expanded Part 4); (2) modernisation of service-of-documents rules to include email; and (3) tightening of oversight by the Children’s Guardian. Clause 132A (inserted 2016) prescribes the Institute of Open Adoption Studies as a research organisation, illustrating ongoing focus on evidence-based practice.
Court challenges and controversies
The source text itself contains no reported cases. However, it expressly creates review pathways. An applicant refused assessment, approval or faced revocation may request reasons and apply for review under Chapter 10 of the Act (cll 47(2)(b), 50(2)(b), 61(2)(b)). Clause 89 prescribes preliminary hearing matters (identity as Aboriginal or Torres Strait Islander, validity of consent, contact, parental responsibility, dispensing with consent, revocation) that the Court may determine early. Clause 73(2)(c) requires the relevant decision-maker to include in the s 91 report to the Court a statement of reasons for overriding parental wishes.
Controversies implicit in the text include the tension between parental wishes and child welfare (cll 71–73), the balance between openness and privacy (Part 6 guidelines, cl 105 sensitive-information rules, cl 110 putative-father undertakings), and the four-year sunset on approvals (cl 48), which can create renewed uncertainty for approved applicants. The repeal of Part 2 without transitional detail in the provided text may itself generate practical difficulty for legacy intercountry files.
Gotchas
Most practitioners miss that an approval is not a ticket to a child—cl 67 expressly states that having a name on the adoption register creates neither a right nor an entitlement to placement. Many assume suitability checks are one-off; cl 44(2) and cl 58(2) allow further checks “at any time before the making of an adoption order”.
The 30-day revocation window for adult birth parents (cl 80) runs from the day the instrument is signed, not from when counselling occurred, yet counselling must occur no more than 30 days and no less than 72 hours before signing (cl 85). For newborn birth mothers the clock cannot start earlier than five days post-birth.
Clause 104 additional prescribed information is a hidden discretion: the Secretary can release almost anything if it is unique, welfare-promoting and procedural fairness is given. Conversely, cl 110(3) requires a signed undertaking before putative-father information can be released to an adopted person; breach is an offence.
The distinction between post-2010 and pre-2010 adoptions in Part 6 is routinely overlooked, yet the entitlements differ materially (compare cl 93 with cl 99). Authorised carers using prior carer checks (cl 44(7)–(11), cl 58(9)) must still ensure every adult resident holds a working-with-children clearance (cl 60(7))—a trap for joint applications.
Finally, cl 126(3) prohibits destruction of case records. Agencies that routinely cull files after seven or ten years are therefore in breach.
How to comply
For accredited adoption service providers and the Department:
Maintain current approved forms for every stage (cll 37, 40, 52, 76, 79, 80, 83, 84).
Before any suitability assessment, run the full cl 44 or cl 58 checklist, documenting the reasonable-belief basis for each agency check. Retain evidence of identity documents, criminal and Community Services checks, and two references.
When assessing under cl 45 or cl 59, prepare a file note addressing each subparagraph. If relying on alternative criteria under cl 46(4) or cl 60(4), ensure the Children’s Guardian has been notified in accordance with Sch 5 of the Children’s Guardian Regulation 2022.
For placements, obtain the cl 68 medical and social-history reports before transferring care responsibility. Record all reasonable efforts to honour religious, cultural and contact wishes (cll 71–72). If overriding, prepare the cl 73(2) statement for the s 91 report.
When releasing information, first check for advance-notice registrations and contact vetoes (cl 114). Apply the cl 105 guidelines, offer counselling for sensitive information, and obtain the cl 110 undertaking where putative fathers are concerned.
Update the adoption register, Contact Veto Register and Reunion and Information Register in real time. Never destroy case records (cl 126(3)).
Train staff on the 2017–2022 amendments, particularly new service methods (email) and Children’s Guardian oversight rights.
For applicants and authorised carers:
Submit expressions of interest or applications only on approved forms and expect to supply original or certified identity, marriage, divorce and birth documents plus medical reports at your cost.
Complete all required training and provide at least two referees who can speak to parenting capacity.
Notify the decision-maker immediately of any material change in circumstances (cll 48(2), 62(2))—pregnancy, health deterioration or relationship breakdown can trigger reassessment or revocation.
If refused or revoked, request written reasons promptly to preserve review rights under Chapter 10.
When seeking adoption information later, approach the correct information source (cl 113 list) and be prepared to prove identity. Understand that non-identifying information is broad but identifying information remains restricted unless the other party has not vetoed contact.
For birth parents and adopted adults:
Expect counselling from a registered counsellor (cl 78) before signing any consent. Keep the mandatory written information sheet.
If you wish to prevent contact, lodge a contact veto and consider leaving a message on the Reunion and Information Register.
When requesting information, specify whether you seek post- or pre-2010 entitlements; the packages differ.
Compliance is best achieved by treating the Regulation as a checklist statute. Every discretionary power (cl 41, cl 44(6), cl 73, cl 104, cl 107–110) must be documented with reasons referable to the statutory criteria and guidelines. In an era of increasing scrutiny by the Children’s Guardian, contemporaneous file notes referencing specific clauses are the best defence against review or complaint.