112Messages

112 Messages

112 Messages

(1) A message that is given to an information source for an adopted person, adoptive parent, birth parent or non-adopted sibling after 1 February 2003 is not prescribed information unless the person giving the message to the information source has signed a release (in the form approved by the Secretary) consenting to the supply of all such messages.

(2) A release signed by the person giving a message to the information source is not required if the person—

(a) is dead, or

(b) cannot, after due search and inquiry, be found, or

(c) is, in the opinion of the Secretary, incapable of giving consent.

(3) A message that was given to an information source for an adopted person, adoptive parent, birth parent or non-adopted sibling before 1 February 2003 is not prescribed information unless—

(a) in the opinion of the Secretary, the records of the information source concerned clearly indicate that the person intended the message to be supplied to the adopted person, adoptive parent, birth parent or non-adopted sibling, or

(b) the Secretary is satisfied that the welfare and best interests of one or both persons concerned would be promoted by the passing on of the message.

(4) In this clause—

message means the following—

(a) a message left under section 147 (4) of the Act by a person who has lodged an advance notice request,

(b) a message left under section 156 (4) of the Act by a person who has lodged a contact veto,

(c) a message left by a person whose name is entered on the Reunion and Information Register under section 168 of the Act,

(d) a photograph or other document left by such a person.