110Guidelines under section 142 for the release of prescribed information relating to putative birth fathers

#### 110 Guidelines under section 142 for the release of prescribed information relating to putative birth fathers 110 Guidelines under section 142 for the release of prescribed information relating to putative birth fathers > > (1) In this clause— > > > > putative birth father of an adopted person means a person who an information source reasonably believes to be the birth father of the adopted person and who— > > > > > (a) is not shown on the adopted person’s original birth certificate as the person’s father, or > > > > > (b) is not a person whom the Secretary, Registrar or another information source is entitled to presume, under any law (including a law of another State or Territory or the Commonwealth) to be the adopted person’s birth father. > > > (2) An information source must, if it considers it to be necessary or appropriate to do so, obtain assistance from the Secretary or the Registrar to assist in its determination of whether it is entitled to presume a person to be an adopted person’s birth father. > > > (3) An information source is not to supply prescribed information relating to a putative birth father to an adopted person if, in the opinion of the information source, the information could be used to identify the putative birth father or a relative of the putative birth father, unless the adopted person has signed an undertaking in a form approved by the Secretary that the person will not— > > > > > (a) contact or attempt to contact the putative birth father or a relative of the putative birth father, or > > > > > (b) procure another person to contact or attempt to contact the putative birth father or a relative of the putative birth father, > > > > except through the support services provided by an information source to facilitate the contact. > > > (4) A person who contravenes any such undertaking is guilty of an offence. > > > > Maximum penalty—25 penalty units. > > > (5) In supplying any information in accordance with subclause (3), the information source is to provide a statement to the adopted person to the effect that the putative birth father may not, in fact, be the birth father of the adopted person. > > Note. > > This clause applies only to the supply of information relating to a putative birth father by an information source to a person who has made an application to receive the information and who is entitled to receive the information under the Act. It does not apply to the exchange of information relating to a putative birth father between information sources.