These regulations set out the detailed procedures for adoption in Tasmania: how agencies are approved and staffed, how people apply to be assessed and approved as prospective adoptive parents, how children are placed and consents taken, what records and forms are required, and the fees and penalties that apply. They allocate decision-making power to the Secretary and approved principal officers, require applicants and agencies to meet timeframes and documentation obligations, and make fees payable (with discretionary exemptions for hardship).
The Adoption Regulations 2016 prescribe the administrative, procedural and recordkeeping framework that gives practical effect to adoption functions under the Adoption Act 1988. They fix mandatory forms, timeframes and documentary requirements for applicants and approved agencies; set minimum staffing and qualification standards for approved agencies; create and regulate registers of accepted applicants; specify the content and timing of assessment reports; define the criteria that determine whether an accepted applicant may be approved as a prospective adoptive parent; regulate placement and post‑placement procedures; prescribe forms and procedures for consents and court applications; set fees for services; and allocate inspection and enforcement powers to the Secretary and authorised officers.
Mechanically, the Regulations do the following (selective list, with regulation citations):
Define key terms (accepted applicant, report writer, register of accepted applicants, prospective adoptive parent) and fix the statutory forms that must be used, through Schedule 1 (reg 3).
Prescribe the information that an organisation must supply when applying for approval as an approved agency (reg 4), and require notification and publication of material changes (reg 5).
Require approved agencies to employ specified staff, with minimum qualifications or experience, and permit limited Secretary authorisation for part‑time principal officers (reg 6).
Mandate services and facilities approved agencies must provide, including counselling, assessment, placement and secure records management (reg 7).
Create dual registers of accepted applicants, kept by the Secretary and by each principal officer, and specify duties about accuracy and removal (regs 15, 16).
Current sections
Direct links to the current provisions in Adoption Regulations 2016.
prospective adoptive parent means an accepted applicant approved by the Secretary or a principal officer as a prospective adoptive parent under regulation 19(1)(a) ;
register of accepted applicants means the register of the names of accepted applicants kept by the Secretary or a principal officer under regulation 16;
report writer has the meaning given by regulation 17 ;
suitability application means an application for assessment of the suitability of a person to adopt a child made under regulation 13 or 14 .
(2) In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1 .
Part 2
Approved Agencies
Part 2 Approved Agencies
4
Prescribed information contained in applications for approval of adoption agencies
4 Prescribed information contained in applications for approval of adoption agencies
For the purpose of section 10(3)(a) of the Act, the prescribed information relating to a welfare organization to be included in an application for approval as an approved agency is as follows:
(a) the proposed operating name of the proposed approved agency, which must include the words "Adoption Agency";
(b) the proposed operating address and telephone number of the principal office and any other office or premises in Tasmania of the proposed approved agency;
(c) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person nominated to be the principal officer of the proposed approved agency;
(d) the proposed extent of employment of the principal officer by the proposed approved agency, including whether full-time employment or the expected number of hours each week;
(e) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person who is to be authorized to act for the principal officer during his or her absence;
(f) the names, qualifications and experience in adoption matters of any other person proposed to be employed by the proposed approved agency for the purposes of –
(i) the assessment of parties to adoption; and
(ii) the placement of a child in the care of persons with a view to those persons adopting the child; and
(iii) the counselling of parties to adoption;
(g) particulars of any special facilities to be operated by, or available to, the proposed approved agency;
(h) particulars of any medical, psychiatric, psychological or other consultative services available to the proposed approved agency;
(i) the estimated number of adoptions expected to be arranged by the proposed approved agency annually;
(j) particulars of any constitutional documents, rules and other documents of a similar nature of the proposed approved agency.
5
Notification of changes to prescribed information
5 Notification of changes to prescribed information
(1) If any of the prescribed information referred to in regulation 4 changes in a material particular, the relevant welfare organization must forward to the Secretary written particulars of the change within 14 days after that change.
Penalty: Fine not exceeding 20 penalty units.
(2) An approved agency that changes the address of its principal office in Tasmania must cause notice of the change and the new address to be published in 3 newspapers circulating generally throughout Tasmania.
Penalty: Fine not exceeding 20 penalty units.
6
Principal officers and other staff of approved agencies
6 Principal officers and other staff of approved agencies
(1) Subject to subregulation (2) , a principal officer must be a person who –
(a) is resident in Tasmania; and
(b) is employed full-time or substantially full-time; and
(c) has a tertiary degree or its equivalent in social work, psychology, counselling or another relevant field; and
(d) in the opinion of the Secretary, has training and experience in adoption administration and practice, or the ability to acquire that training and experience, to enable that person to satisfactorily carry out the duties of a principal officer.
(2) The Secretary, in writing, may authorize an approved agency to appoint a principal officer on a part-time basis for a period specified by the Secretary if the Secretary is satisfied that the approved agency will be able to function effectively during that period.
(3) An approved agency must employ, in addition to the principal officer, at least one person who has –
(a) not less than 2 years' experience in adoption practice; or
(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.
(4) A person employed by an approved agency for the purposes referred to in regulation 4(f) , who is not a person referred to in subregulation (1) or (3) , is to have –
(a) not less than 2 years' experience in adoption practice; or
(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.
(5) If the Secretary is of the opinion that an approved agency has insufficient staff with the qualifications specified in subregulations (3) and (4) –
(a) the Secretary must notify the principal officer of the approved agency of that opinion; and
(b) the principal officer must take all reasonable steps to ensure that the approved agency employs sufficient staff who have those qualifications.
7
Approved agencies to provide services and facilities
7 Approved agencies to provide services and facilities
An approved agency must provide services, including counselling where appropriate, and facilities for the following:
(a) persons who request the approved agency to make arrangements for the adoption of a child;
(b) the taking and witnessing of consents to the adoption of a child;
(c) the counselling, before and after adoption, of parties to the adoption of a child;
(d) the assessment of a person's suitability for adopting a child;
(e) the selection of persons to have a child placed in their care with a view to adopting the child;
(f) arranging care of a child before that child is placed for adoption;
(g) the regular supervision of the care of a child until an adoption order is made in respect of the child;
(h) the presentation of applications for adoption orders to court and securing adoption orders;
(i) ensuring that all services relating to adoptions are confidential;
(j) ensuring the separate and secure storage of all records relating to adoptions.
Penalty: Fine not exceeding 20 penalty units.
8
Principal officers to keep records of adoptions
8 Principal officers to keep records of adoptions
(1) For the purposes of section 16(2) of the Act, a principal officer must keep records relating to –
(a) the adoption of a child; and
(b) any arrangements and negotiations by the approved agency for the placement of a child in the care of a prospective adoptive parent; and
(c) all payments made to, or by, the approved agency with respect to the adoption of a child and the placement of a child in the care of a prospective adoptive parent, the purpose of those payments and the details of any reimbursement of those payments to the approved agency.
Penalty: Fine not exceeding 20 penalty units.
(2) A principal officer may at any time deliver to the Secretary records relating to a matter referred to under subregulation (1) .
(3) An approved agency must not cause or permit the record of a child that it has placed for adoption to be lost or destroyed.
Penalty: Fine not exceeding 20 penalty units.
9
Inspection of records by Secretary
9 Inspection of records by Secretary
(1) The Secretary, or an officer of the Department authorized in writing by the Secretary for the purpose, may request a principal officer in writing to –
(a) produce to, and make available for inspection by, the Secretary or the authorized officer records kept by the principal officer under regulation 8 ; and
(b) supply any information that the Secretary or the authorized officer may require relating to any arrangements and negotiations by the principal officer for the placement of children in the care of prospective adoptive parents.
(2) A principal officer must comply with a request under subregulation (1) within 14 days after receipt of that request.
Penalty: Fine not exceeding 20 penalty units.
10
Approved agencies to forward returns to Secretary
10 Approved agencies to forward returns to Secretary
(1) A principal officer must prepare, in respect of the periods January to June and July to December in each year, a return in respect of the approved agency specifying –
(a) the number of children who were placed in the care of prospective adoptive parents; and
(b) the number of children who were the subject of adoption orders or interim orders.
Penalty: Fine not exceeding 20 penalty units.
(2) A return under subregulation (1) must be forwarded to the Secretary within 30 days after the expiration of the period to which it relates.
Penalty: Fine not exceeding 20 penalty units.
11
Publication of approval of approved agencies
11 Publication of approval of approved agencies
The Secretary must cause notice to be published in the Gazette and 3 newspapers circulating generally in Tasmania specifying the following information:
(a) the granting of an application under section 11 of the Act;
(b) the revocation or suspension of the approval of an approved agency under section 13 of the Act.
Part 3
Adoption Process
Part 3 Adoption Process
Division 1
Overview of Adoption Process
Division 1 Overview of Adoption Process
12
Overview of adoption process
12 Overview of adoption process
The steps to be followed by a person who wishes to adopt a child are as follows:
(a) the person applies under Division 2 to be assessed as a person suitable to adopt a child;
(b) if that application is accepted, that person becomes an accepted applicant and his or her name is recorded on the register of accepted applicants;
(c) after the accepted applicant's name is recorded on the register of accepted applicants, an assessment report is prepared under Division 3 in respect of that accepted applicant and a copy of that report is provided to the Secretary or relevant principal officer;
(d) after consideration of the assessment report, the Secretary or relevant principal officer approves, or refuses to approve, that accepted applicant as a prospective adoptive parent under Division 4 ;
(e) the Secretary or relevant principal officer then places a child who is available for adoption with the prospective adoptive parent, with a view to that prospective adoptive parent adopting the child;
(f) the court makes an adoption order for the adoption of the child by the prospective adoptive parent with whom the child was placed.
Division 2
Assessment of Person's Suitability to Adopt
Division 2 Assessment of Person's Suitability to Adopt
13
Applications for assessment of suitability to adopt
13 Applications for assessment of suitability to adopt
(1) A person may apply to the Secretary or a principal officer for assessment of the suitability of a person to adopt a child.
(2) An application for assessment of the suitability of a person to adopt a child is to –
(c) be accompanied by a medical examination report in accordance with Form 2 ; and
(d) include any other information that the Secretary or a principal officer, either generally or in a particular case, may require.
14
Applications for assessment of suitability to adopt by natural relative, &c.
14 Applications for assessment of suitability to adopt by natural relative, &c.
(1) The spouse of a natural parent of a child, the spouse of an adoptive parent of a child or a relative of a child may apply to the Secretary for assessment of the suitability of the spouse or natural relative to adopt the child.
(2) An application for assessment of the suitability of a spouse or relative to adopt a child is to be –
(1) The Secretary or a principal officer may accept a suitability application if he or she is satisfied that the person referred to in the suitability application fulfils the following criteria:
(a) in the case of a suitability application made by two persons, that those persons are –
(i) married; or
(ii) parties to a significant relationship which is the subject of a deed of relationship registered under Part 2 of theRelationships Act 2003 ; or
(iii) residing together in a stable continuous relationship as mentioned in section 20(2) of the Act;
(b) that –
(i) each person so named is resident in Tasmania; and
(ii) each person so named is a permanent resident of Australia; and
(iii) each person so named is an Australian citizen or in the case of a suitability application made by two persons, that one of those persons is an Australian citizen;
(c) that each person so named is in good physical and mental health and whether or not it is reasonable to expect that that health will be maintained;
(d) that each person so named has not been sentenced to a term of imprisonment for a criminal conviction within a period of 5 years preceding the application;
(e) that each person so named has not been sentenced to a term of imprisonment of 5 years or more at any time;
(f) that each person so named has not been convicted of any offence against a child;
(g) that each person so named is not undertaking treatment for infertility;
(h) that a female person so named is not pregnant.
(2) The Secretary or a principal officer is to inform in writing a person named in a suitability application that the suitability application –
(a) is accepted and the person will have his or her name recorded on the register of accepted applicants; or
(b) is not accepted, stating the reasons for the non-acceptance.
16
Register of accepted applicants
16 Register of accepted applicants
(1) The Secretary and each principal officer must each keep a register of the names of all accepted applicants.
Penalty: Fine not exceeding 20 penalty units.
(2) The Secretary or a principal officer must –
(a) ensure that the register of accepted applicants is kept in an up-to-date and accurate form; and
(b) remove from the register of accepted applicants the name of an accepted applicant if required to do so under these regulations; and
(c) notify in writing an accepted applicant whose name is removed from the register of accepted applicants of that removal, stating the reason for that removal.
Penalty: Fine not exceeding 20 penalty units.
(3) An accepted applicant is not entitled to have his or her name recorded on the register of accepted applicants of more than one approved agency at the same time.
Division 3
Assessment and Approval of Accepted Applicants
Division 3 Assessment and Approval of Accepted Applicants
17
Preparation of assessment reports
17 Preparation of assessment reports
(1) In this regulation –
report writer means –
(a) in the case of an accepted applicant recorded on the register of accepted applicants maintained by the Secretary, an officer of the Department; or
(b) in the case of an accepted applicant recorded on the register of accepted applicants maintained by the principal officer of an approved agency, the principal officer or a person on the staff of that approved agency who has one of the qualifications referred to in regulation 6(3) .
(2) A report writer must prepare an assessment report on an accepted applicant within 12 months after the accepted applicant's name is recorded on the register of accepted applicants.
Penalty: Fine not exceeding 20 penalty units.
(3) An assessment report is to include –
(a) whether or not the accepted applicant satisfies the prescribed requirements under regulation 18 ; and
(b) any additional information concerning the accepted applicant that the report writer considers relevant; and
(c) a statement relating to the suitability of the accepted applicant to adopt a child, either generally or in a particular case; and
(d) the capacity of the accepted applicant to care for a child; and
(e) the capacity of the accepted applicant to meet the physical, emotional, educational and developmental needs of a child in an appropriate and sustained manner; and
(f) if an accepted applicant wishes to have a child with special needs, or of a particular age or cultural background placed in their care with a view to adoption, the capacity of the accepted applicant to meet the particular needs of such a child; and
(g) any other information regarding any other matter which the report writer considers relevant to –
(i) the assessment of the accepted applicant's suitability to adopt a child; and
(ii) the suitability of the accepted applicant to have a child placed with him or her with a view to the adoption of that child.
(4) A report writer must provide a copy of an assessment report at the time that it is prepared to the accepted applicant in respect of whom the assessment report is made.
Penalty: Fine not exceeding 20 penalty units.
(5) Within 7 days after receiving a copy of an assessment report under subregulation (4) , an accepted applicant may provide written comments on any matter contained in the assessment report to the report writer.
(6) A report writer must provide the Secretary or relevant principal officer with a copy of the assessment report and any written comments provided under subregulation (5) within 21 days after –
(a) he or she receives the written comments; or
(b) the assessment report is provided to the accepted applicant –
whichever first occurs.
Penalty: Fine not exceeding 20 penalty units.
18
Prescribed requirements
18 Prescribed requirements
For the purpose of section 24(1)(a) of the Act, the prescribed requirements that a prospective adoptive parent is to satisfy are as follows:
(a) that the prospective adoptive parent is an accepted applicant;
(b) that the prospective adoptive parent is of good character and is a suitable person to be entrusted with the care of a child;
(c) that the motivation of the prospective adoptive parent for adoption of a child indicates his or her awareness of a child's needs and that his or her expectations for a child are likely to enhance a child's future development;
(d) that a prospective adoptive parent shows an understanding of the needs and rights of the natural parents who relinquish a child for adoption;
(e) that a prospective adoptive parent has the capacity to accommodate and promote the interests and welfare of a child of a particular age and gender;
(f) that a prospective adoptive parent has the capacity and commitment to assist a child to acquire knowledge of his or her child's adoptive status and origins, including the passing on of background information concerning the child;
(g) that, in the case of the approval of a prospective adoptive parent for placement of a non-citizen child or a child of a different cultural background (other than a prospective adoptive parent who is a natural relative of such a child), the prospective adoptive parent has an understanding of, and interest in, the culture of the child's background and the capacity and commitment to facilitate maintenance of positive links with that culture.
Division 4
Approval of Prospective Adoptive Parents
Division 4 Approval of Prospective Adoptive Parents
19
Approval of prospective adoptive parents
19 Approval of prospective adoptive parents
(1) If the Secretary or a principal officer receives an assessment report under regulation 17(6) , the Secretary or principal officer may undertake any further enquiries that he or she considers necessary to determine the suitability of the accepted applicant referred to in the assessment report to be an adoptive parent and must –
(a) approve that accepted applicant as a prospective adoptive parent; or
(b) refuse to approve that accepted applicant as a prospective adoptive parent.
(2) For the purpose of subregulation (1) , the Secretary or principal officer may refer the assessment report, together with any other relevant material, to a panel of not less than 3 persons approved by the Minister as having suitable qualifications and experience in child welfare, adoption practice and related matters.
(3) After considering the assessment report, the panel referred to in subregulation (2) may make a recommendation to the Secretary or a principal officer concerning the suitability or otherwise of the accepted applicant referred to in the assessment report to be an adoptive parent.
(4) A report writer must not be a member of the panel considering an assessment report that he or she has prepared.
(5) The Secretary or a principal officer is to –
(a) record on the register of accepted applicants an approval or refusal made under subregulation (1) ; and
(b) inform the accepted applicant in writing that he or she is –
(i) approved as a prospective adoptive parent; or
(ii) refused approval as a prospective adoptive parent, stating the reasons for the refusal.
20
Revocation of approval as prospective adoptive parents
20 Revocation of approval as prospective adoptive parents
The Secretary or relevant principal officer may withdraw an approval under section 19(1)(a) and remove the record of the approval from the register of accepted applicants if –
(a) the prospective adoptive parent fails to notify the Secretary or relevant principal officer of a change in his or her address; or
(b) the prospective adoptive parent fails to notify the Secretary or relevant principal officer that he or she no longer resides in Tasmania; or
(c) the Secretary or relevant principal officer is satisfied that the prospective adoptive parent no longer complies with a requirement specified under regulation 15 .
21
Term of approval as prospective adoptive parents
21 Term of approval as prospective adoptive parents
(1) Subject to regulations 20 and 22 , an approval of a person as a prospective adoptive parent expires 3 years after the day on which the approval is granted.
(2) On expiry of an approval of a person as a prospective adoptive parent the Secretary or a principal officer must –
(a) remove the record of the approval from the register of accepted applicants; and
(b) notify the person in writing of that fact.
22
Extension of term of approval as prospective adoptive parents
22 Extension of term of approval as prospective adoptive parents
(1) A prospective adoptive parent, up to and including 30 days before the day on which his or her approval expires under regulation 21(1) or an extension of his or her approval expires under subregulation (2) , may apply in writing to the Secretary or a principal officer for an extension, or further extension, of his or her approval as a prospective adoptive parent.
(2) On receipt of an application for an extension under subregulation (1) and subject to a review of the prospective adoptive parent's continuing suitability to adopt a child, the Secretary or principal officer may extend the approval of the prospective adoptive parent for a period not exceeding 2 years.
(3) A prospective adoptive parent may make no more than 3 applications for extension under this regulation.
Part 4
Consent to Adoptions
Part 4 Consent to Adoptions
23
Prescribed forms of consent
23 Prescribed forms of consent
(1) For the purposes of section 30 of the Act, the prescribed form of consent to the adoption of a child is –
(2) For the purposes of section 32 of the Act, the prescribed form of consent given by the guardian or delegate of the guardian to the adoption of a child who is a non-citizen child is Form 7 .
24
Taking and witnessing of consents
24 Taking and witnessing of consents
(1) For the purpose of section 30(1)(a)(i) of the Act, an approved counsellor is a prescribed person.
(2) For the purpose of section 30(1)(b) of the Act, the prescribed statement by a witness is contained in Form 5 or 6 .
(3) For the purpose of section 30(2)(b) of the Act, the prescribed statement by a witness is contained in Form 5 or 6 .
25
Information to be given to consenting persons
25 Information to be given to consenting persons
For the purpose of section 31(1)(b) of the Act, the prescribed form is a document containing information on the following matters:
(a) the nature of adoption, the effect of an adoption order and the effect of signing a consent to adoption;
(b) the alternatives to adoption and the availability of relevant services and support;
(c) the right of the consenting person to express wishes and to be notified of certain matters in respect of adoption arrangements for the child;
(d) the right of the consenting person to have reasonable access to the child throughout the revocation period referred to in section 35(1) of the Act;
(e) the right of the consenting person to obtain a copy of the child's birth certificate before the making of an adoption order;
(f) the provisions of the Act relating to revocation of consent;
(g) the provisions of section 90 of the Act relating to the Adoption Information Register.
26
Acceptance of consents in accordance with Form 5
26 Acceptance of consents in accordance with Form 5
(1) If consent to the adoption of a child in accordance with Form 5 is certified by a principal officer or a person employed by an approved agency under regulation 6(3) and the consent authorizes the principal officer to make arrangements for the adoption of the child, the principal officer must, within 14 days after the signing of the consent –
(a) forward the consent by registered post to the Secretary for acceptance of the guardianship of the child; and
(b) inform the Secretary as to whether or not the approved agency is willing to make those arrangements.
(2) If the Secretary receives consent under subregulation (1)(a) , the Secretary must –
(a) if he or she is satisfied that there is no likely impediment to the adoption of the child named on the consent, signify acceptance of guardianship under section 40(2)(c) of the Act; and
(b) notify that acceptance of guardianship to the principal officer by registered post.
(3) If the Secretary is not willing to signify acceptance of the guardianship of a child, the Secretary must give written notification of that fact to the person giving the consent and, where the case so requires, the principal officer.
27
Applications to dispense with consent
27 Applications to dispense with consent
An application to dispense with the consent of a person to the adoption of a child is to be in accordance with Form 8 .
Part 5
Placement of Child
Part 5 Placement of Child
28
Requirements for placement of child
28 Requirements for placement of child
The Secretary or a principal officer must not place, arrange or approve the placement of a child in the care of a prospective adoptive parent with a view to his or her adoption of the child unless, at the time of placement –
(a) the prospective adoptive parent continues to satisfy the requirements under Part 3 ; and
(b) if the prospective adoptive parent is female, she is not pregnant; and
(c) if another child has already been placed in the care of the prospective adoptive parent with a view to adoption by him or her and the adoption of that other child has been finalised.
29
Placement of child with prospective adoptive parents
29 Placement of child with prospective adoptive parents
(1) The Secretary or a principal officer is to place a child who is available for adoption with a prospective adoptive parent who, in accordance with the Act, is eligible to have a child placed with him or her for the purposes of adoption and who, in the opinion of the Secretary or principal officer –
(a) is, of the prospective adoptive parents, best able to meet the needs of the child; and
(b) so far as is practicable, meet the wishes of the natural parents.
(2) Arrangements or negotiations with respect to the placement of a child with a prospective adoptive parent with a view to his or her adoption of the child are not to be completed by a principal officer except in consultation with one or more employees qualified as mentioned in regulation 6 .
(3) In all matters relating to the placement of a child with a view to adoption, the Secretary or a principal officer must have regard to sections 8 and 17 of the Act.
30
Duties where no placement of child
30 Duties where no placement of child
If the Secretary or a principal officer is holding a consent to the adoption of a child and the child is not placed in the care of a prospective adoptive parent with a view to adoption within 6 months after the day on which the consent is signed, or the child is not the subject of an adoption order within 2 years after that day, the Secretary or principal officer must –
(a) endeavour to inform each person who so consented of the reasons for the delay and give him or her an opinion concerning the likelihood of an adoption order being made; and
(b) give each such person who requests it further information as to the progress of arrangements for the adoption of the child.
Part 6
Financial Assistance
Part 6 Financial Assistance
31
Child of a prescribed class
31 Child of a prescribed class
For the purposes of section 92 of the Act, a child is of a prescribed class –
(a) if the child has significant long-term needs involving substantial costs in providing necessary care to him or her in respect of one or more of the following:
(i) his or her physical health, mental health or development;
(ii) a recognised high risk to his or her physical health, mental health or development;
(iii) emotional, behavioural or social factors affecting him or her; or
(b) if –
(i) the child has been placed in the care of foster-parents and has developed significant and enduring bonds with those foster-parents; and
(ii) the foster-parents wish to adopt the child; and
(iii) financial or other assistance will facilitate proceedings for the adoption of the child by the foster-parents which may not otherwise eventuate.
Part 7
Adoption Orders
Part 7 Adoption Orders
32
Applications for adoption orders
32 Applications for adoption orders
(1) An application for an adoption order is to be in accordance with Form 9 .
(2) The Secretary or a principal officer may apply to a court for an adoption order in respect of a child on behalf of a person seeking to adopt the child if –
(a) the person has provided him or her with written authorization for that application in accordance with Part A of Form 9 ; and
(b) the Secretary or principal officer is satisfied that the requirements of the Act have been complied with.
33
Documents to be filed with applications for adoption orders
33 Documents to be filed with applications for adoption orders
(1) For the purposes of section 24(1) of the Act, a report by the Secretary or a principal officer concerning the proposed adoption of a child by a prospective adoptive parent is to contain the following information:
(a) the circumstances of the proposed adoption;
(b) the eligibility and suitability of the prospective adoptive parent on whose behalf the application is made to adopt the child;
(c) any wishes expressed by the child or a natural parent of the child at the time when consent to the adoption was given;
(d) any arrangements agreed between a natural parent of the child and the prospective adoptive parent for access to the child or for information about the child.
(2) For the purposes of section 24(4) of the Act, the form of a report by a medical practitioner as to the physical and mental condition of a child is to be in accordance with –
(a) Form 3 , if the child to whom the report relates has not attained the age of 6 months; or
(b) Form 4 , if the child to whom the report relates has attained the age of 6 months or more.
34
Notification of applications for adoption orders
34 Notification of applications for adoption orders
For the purposes of section 25 of the Act, notification of an application for an adoption order is to be in accordance with Form 10 and, unless the court dispenses with the giving of notice under section 25(3) of the Act, is to be delivered in person or sent by registered post addressed to a person specified in section 25(1)(a) , (b) or (c) of the Act.
35
Adoption orders, certificates of adoption and interim orders
35 Adoption orders, certificates of adoption and interim orders
(1) An adoption order is to be in accordance with Form 11 .
(2) A certificate of adoption is to be in accordance with Form 12 .
(3) For the purposes of section 56 of the Act, an interim order is to be in accordance with Form 13 .
(4) If an adoption order is not made, the court must include in the envelope referred to in regulation 36 a statement of the court's reasons for refusing to make the order.
36
Supplementary procedures
36 Supplementary procedures
(1) On completion of the hearing of an application for an adoption order, the court must –
(a) seal in an envelope the application, report and other documents that contain any information as to the identity of the child and the natural parents or guardians of the child; and
(b) cause that envelope to be delivered to the Secretary.
(2) The Secretary is to ensure the safe-keeping of an envelope delivered to him or her under subregulation (1) .
37
Memorandums of adoption orders, &c.
37 Memorandums of adoption orders, &c.
(1) For the purpose of section 62 of the Act, a memorandum relating to the making of an adoption order or an order for the discharge of an adoption order is to be in accordance with Form 14 .
(2) For the purposes of section 66 of the Act, a memorandum by the Registrar relating to an adoption order or an order for the discharge of an adoption order is to be in accordance with Form 15 .
38
Registering officers in other States or in Territories
38 Registering officers in other States or in Territories
For the purpose of section 66 of the Act, the following officers are prescribed as officers having functions in relation to the registration of births in the relevant State or Territory:
(a) Registrar of Births, Deaths and Marriages in New South Wales;
(b) Registrar of Births, Deaths and Marriages in Victoria;
(c) Registrar of Births, Deaths and Marriages in South Australia;
(d) Registrar of Births, Deaths and Marriages in Western Australia;
(e) Registrar-General in Queensland;
(f) Registrar-General in the Australian Capital Territory;
(g) Registrar of Births, Deaths and Marriages in the Northern Territory;
(h) Registrar of Births, Deaths and Marriages in Norfolk Island.
Part 8
Miscellaneous
Part 8 Miscellaneous
39
Applications for, and certificates as to, counselling, &c.
39 Applications for, and certificates as to, counselling, &c.
(a) an application to a relevant authority for a certificate to the effect that the requirements of that section have been complied with is to be in accordance with Form 16 ; and
(b) the certificate to the effect that the requirements of that section have been complied with is to be in accordance with Form 17 .
40
Fees for adoption services
40 Fees for adoption services
(1) The fee payable by a person wishing to adopt a child, for services provided to or on behalf of that person, is the fee set out in Part 1 of Schedule 2 .
(2) The fee payable by a person for an application under Part VI of the Act or for information given to a person under that Part is the fee set out in Part 2 of Schedule 2 .
41
Exemptions from payment of fees
41 Exemptions from payment of fees
The Secretary or a principal officer, on his or her own motion, may at any time exempt a person from liability to pay all or part of a fee specified under regulation 40 if the Secretary or principal officer is satisfied –
(a) that the person is unable to pay all or part of the fee; and
(b) that payment of all or part of the fee would cause the person unreasonable hardship.
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms SCHEDULE 1 - Forms
Form 1 - Application for asses
Form 1 - Application for assessment of suitability to adopt child
Form 1 - Application for asses Form 1 - Application for assessment of suitability to adopt child
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Adoption Regulations 2016 .
2 Commencement
2 Commencement
These regulations take effect on 27 December 2016.
3 Interpretation
3 Interpretation
(1) In these regulations, unless the contrary intention appears –
accepted applicant means a person named in a suitability application that is accepted by the Secretary or principal officer under regulation 15(1) ;
Act means the Adoption Act 1988 ;
assessment report means an assessment report on an accepted applicant prepared under regulation 17 ;
district registrar means a person appointed or authorised as a district registrar under section 16A of theMagistrates Court Act 1987 ;
prospective adoptive parent means an accepted applicant approved by the Secretary or a principal officer as a prospective adoptive parent under regulation 19(1)(a) ;
register of accepted applicants means the register of the names of accepted applicants kept by the Secretary or a principal officer under regulation 16;
report writer has the meaning given by regulation 17 ;
suitability application means an application for assessment of the suitability of a person to adopt a child made under regulation 13 or 14 .
(2) In these regulations, a reference to a form by number is a reference to the form of that number in .
Require report writers to prepare assessment reports within 12 months after registration and to provide those reports to applicants and the Secretary/principal officer within precise time limits (reg 17).
Prescribe the substantive criteria a prospective adoptive parent must satisfy (reg 18), and the process for approval, including the possible referral of reports to a panel (reg 19).
Set conditions for placement (regs 28-29), requirements where placement does not occur (reg 30), and the paperwork required for court proceedings and sealing of confidential documentation (regs 32-36).
Establish a schedule of fees for adoption services and for Part VI applications or information, and provide a discretionary fee‑exemption power (regs 40-41; Schedule 2).
The Regulations therefore convert many of the Act’s high‑level powers into concrete administrative obligations, evidence requirements, timelines and financial charges. They also allocate discretion to the Secretary and to principal officers in multiple places (for example, acceptance of suitability applications, authorisation of part‑time principal officers, decisions on fee exemptions and withdrawal of approvals), while establishing procedural safeguards such as report provision to applicants and an option to refer to an expert panel (regs 15(2), 6(2), 41, 19(2)-(5), 17(4)-(6)).
Main concepts
The Regulations revolve around a set of operational concepts that structure the adoption pathway and the administration around it. Those concepts are defined and used repeatedly in the instrument; they drive who decides, who pays, and what records are kept.
Accepted applicant: A person whose suitability application has been accepted by the Secretary or a principal officer under reg 15(1). Acceptance triggers recording of the person’s name on a register of accepted applicants (reg 15(2); reg 16).
Register of accepted applicants: Each principal officer and the Secretary must keep a register of accepted applicants and keep it up to date. The register is the administrative locus for moving applicants from assessment to approval and for removals when approvals lapse or are withdrawn (reg 16(1)-(3)).
Report writer and assessment report: A report writer is an officer of the Department for Secretary‑maintained registrations, or the principal officer or suitably qualified staff member of an approved agency for agency registrants (reg 17(1)). The report writer must prepare an assessment report within 12 months after registration (reg 17(2)); the report must address whether the accepted applicant meets the prescribed requirements (reg 17(3)(a)) and other matters relevant to suitability and capacity to meet a child’s needs (reg 17(3)(c)-(g)). The report writer must give the report to the applicant and then to the Secretary or principal officer, and applicants have a 7‑day window to comment (reg 17(4)-(6)).
Prospective adoptive parent and prescribed requirements: An accepted applicant who the Secretary or principal officer approves under reg 19(1)(a) becomes a prospective adoptive parent. The Regulations set out prescribed requirements that prospective adoptive parents must satisfy (reg 18). Those include character and suitability assessments, motivation, understanding of natural parents’ rights, capacity to meet a child’s needs, and particular obligations when adopting a non‑citizen or culturally different child (reg 18(a)-(g)).
Approved agency and principal officer: The Regulations impose minimum governance and staffing requirements on approved agencies. They require the agency’s operating name to include "Adoption Agency" (reg 4(a)), specify details to be provided in an application for agency approval (reg 4), and set qualification and experience requirements for principal officers and staff who conduct assessments and placements (reg 6). The Secretary may authorise part‑time principal officers for a limited period (reg 6(2)).
Consent forms and court forms: The Regulations prescribe the forms to be used for consents (Forms 5-7, reg 23), for applications for adoption orders (Form 9, reg 32), and for other procedural documents such as medical reports and notices (Forms 2-4, 10-17, regs 13, 33, 34, 39). Use of the prescribed forms is mandatory for the specified statutory purposes.
Fees and fee exemptions: Schedule 2 sets fees in fee units for a range of services, notably assessment (942 fee units), entering a name on the register (200 units), and support services and court application preparation (500 and 200 units respectively) (reg 40; Schedule 2). The Secretary or principal officer has a discretionary power to exempt a person from payment where inability to pay or hardship is established (reg 41).
Records, confidentiality and sealing: Approved agencies must keep records about adoptions and payments, and must not permit loss or destruction of child records (reg 8). The court must seal documents that identify the child and natural parents and deliver that envelope to the Secretary for safekeeping (reg 36).
Panels, revocations and time limits: The Secretary or principal officer may refer assessment reports to a Minister‑approved panel for recommendation (reg 19(2)-(3)). Approvals operate for a fixed term (three years, reg 21) with limited renewals (reg 22) and may be revoked for non‑notification of address changes, residency changes or non‑compliance with reg 15 criteria (reg 20).
These concepts structure the flow from initial application (Form 1 with Form 2 medical, reg 13) through assessment, approval, placement and final court order (Forms 9, 11; regs 17, 19, 29, 35).
Who it affects
The Regulations impose duties and create rights that directly affect a defined set of actors, and indirectly affect others engaged in adoption‑related services.
Primary affected parties
Prospective adoptive applicants. Individuals or couples who apply for assessment under reg 13 or 14 are the central subjects of the assessment, registration and approval processes. The Regulations set their documentary requirements, medical and criminal history checks, timeframes for assessment and avenues to comment on assessment reports (regs 13, 14, 15, 17).
Approved agencies and welfare organisations. Organisations seeking approval as adoption agencies must supply prescribed information about offices, personnel, facilities, services and expected adoption volumes (reg 4). Once approved they must provide a defined set of services and facilities (reg 7), maintain records (reg 8), prepare periodic returns (reg 10), and notify material changes (reg 5).
Principal officers and agency staff. Principal officers are subject to residency, employment level and qualification requirements (reg 6(1)). Agencies must employ at least one staff member with specified experience or qualifications (reg 6(3)-(4)). These staff perform assessments, certify consents, and prepare reports.
The Secretary and authorised officers. The Secretary has multiple administrative powers: to accept suitability applications, to register accepted applicants, to receive assessment reports, to approve or refuse approvals, to inspect records, to accept guardianship on receipt of consents, and to publish approvals and revocations (regs 15, 16, 17, 19, 9, 26, 11, 20).
Courts and judicial officers. Courts receive applications for adoption orders using prescribed forms (reg 32), must seal identity‑sensitive documents and deliver them to the Secretary (reg 36), and may dispense with notice where appropriate (reg 34).
Natural parents and guardians. The Regulations prescribe the forms of consent (Forms 5-7, reg 23), the counselling and information to be given to consenting persons (reg 25), and the process the Secretary and agencies must follow if placement or order is delayed (reg 30).
Foster parents and prospective adoptive foster parents. The Regulations define a "child of a prescribed class" for financial assistance (reg 31(b)) where foster parents have developed significant bonds and wish to adopt but require financial or other assistance.
Registrars interstate. The instrument prescribes particular officers in other States and Territories as registering officers for the purposes of birth registration and recognition (reg 38).
Secondary and consequentially affected parties
Medical practitioners. They must provide medical reports in Forms 2, 3 or 4 for applicants and children (regs 13(2)(c), 33(2)).
Approved counsellors. For the purposes of taking and witnessing consents, the Regulations prescribe an approved counsellor as a prescribed person (reg 24(1)).
Parties seeking access to adoption information under Part VI of the Act. Fees and application procedures for access are set out in Schedule 2, Part 2 (reg 40(2)).
Geography and citizenship effects
Residency and citizenship limitations appear in the acceptance criteria. The Secretary may only accept a suitability application where the applicant(s) are resident in Tasmania and are permanent residents or citizens of Australia, with at least one named person being an Australian citizen in the case of two‑person applications (reg 15(1)(b)).
Who bears costs
Fees are concentrated on applicants and persons seeking services under Part VI of the Act, as set out in Schedule 2. Approved agencies bear costs associated with staffing, publication requirements and records safekeeping. The Secretary bears operational responsibilities for registers, inspections and decisionmaking but has discretionary fee‑exemption power to relieve individuals from fees where hardship is demonstrated (reg 41).
Key duties and rights
The Regulations allocate a mix of mandatory duties, procedural rights and discretionary powers across agencies, applicants and the Secretary. Below is a structured list of the main duties and rights with their regulatory anchors.
Duties of approved agencies and principal officers
Provide prescribed information in an application for agency approval, including principal officer details, staffing, facilities and expected adoption numbers (reg 4). The agency must include the words "Adoption Agency" in its proposed operating name (reg 4(a)).
Notify the Secretary in writing within 14 days of material changes to prescribed information (reg 5(1)). Breach attracts a penalty up to 20 penalty units.
Publish any principal office address change in three newspapers circulating generally throughout Tasmania and notify the Secretary (reg 5(2)). That requirement also carries a penalty of up to 20 penalty units.
Ensure the principal officer meets residency, employment level and qualification requirements, unless a written part‑time authorisation is given by the Secretary (reg 6(1)-(2)).
Employ, in addition to the principal officer, at least one person with either two years' adoption experience or a tertiary degree in a relevant field (reg 6(3)). Staff conducting assessments must meet similar qualification or experience thresholds (reg 6(4)).
Provide a range of services and facilities including counselling, witnessing of consents, assessment, placement services, arranging pre‑placement care, regular supervision until the adoption order is finalised, confidentiality safeguards, and separate secure storage of adoption records (reg 7). Failure to provide those services may attract a fine not exceeding 20 penalty units.
Maintain and keep proper adoption records, including all payments to or by the agency related to adoptions and placements, and not permit loss or destruction of child records (reg 8(1)-(3)). Penalties apply for noncompliance.
Produce records to the Secretary or authorised officers on written request within 14 days (reg 9(1)-(2)); failure attracts a fine up to 20 penalty units.
Prepare and forward biannual returns to the Secretary reporting placed children and adoption orders within 30 days after each six‑month period (reg 10(1)-(2)). Penalties apply for noncompliance.
Duties of the Secretary and authorised officers
Accept or refuse suitability applications according to criteria specified by the Regulations (reg 15(1)-(2)). The Secretary must notify applicants in writing of acceptance or non‑acceptance and give reasons (reg 15(2)).
Maintain a register of accepted applicants and ensure it is accurate (reg 16(1)-(2)). The Secretary must remove names as required and notify applicants of removals with reasons (reg 16(2)(b)-(c)).
Inspect records, require production and information from principal officers and approved agencies; authorised officers must be complied with within 14 days (reg 9(1)-(2)).
Receive assessment reports and consider further enquiries; may refer reports to a panel for recommendation (regs 17(6), 19(1)-(3)).
Approve or refuse to approve accepted applicants as prospective adoptive parents after considering assessment reports (reg 19(1)). Decisions must be recorded on the register and applicants informed with reasons (reg 19(5)(a)-(b)).
Withdraw approvals and remove records where applicants fail to notify address or residence changes or no longer comply with reg 15 requirements (reg 20).
Receive consents forwarded by principal officers and, where satisfied, signify acceptance of guardianship (reg 26(1)-(2)).
Duties of report writers and process rights of applicants
Report writers must prepare an assessment report within 12 months after registration (reg 17(2)) and include specific matters such as capacity of the accepted applicant to meet child needs and suitability statements (reg 17(3)(c)-(f)).
Report writers must provide a copy to the accepted applicant at the time of preparation, and applicants have seven days to provide written comments to the report writer (reg 17(4)-(5)). The report writer must forward the report and any comments to the Secretary or relevant principal officer within 21 days after receiving the comments or after providing the report, whichever occurs first (reg 17(6)).
A report writer must not sit on any panel considering an assessment report that he or she prepared (reg 19(4)).
Placement and placement‑related duties
The Secretary or principal officer must not place a child for adoption unless the prospective adoptive parent continues to satisfy Part 3 requirements, the prospective adoptive parent is not pregnant if female, and any previously placed child has been finalised by adoption before another placement is made for the same prospective adoptive parent (reg 28(a)-(c)).
Placement decisions must prioritise the prospective adoptive parent who, in the Secretary’s or principal officer’s opinion, is best able to meet the child’s needs, and, as far as practicable, meet the wishes of natural parents (reg 29(1)(a)-(b)). A principal officer must consult with qualified employees before completing placement negotiations (reg 29(2)).
Rights conferred on applicants, natural parents and others
Accepted applicants may receive an assessment report and comment on it (reg 17(4)-(5)). They have a right to be informed in writing of acceptance or refusal of suitability applications and approvals, with reasons (reg 15(2); reg 19(5)(b)).
Consenting persons must be given written information about the nature and effects of adoption, alternatives and revocation rights and the Adoption Information Register (reg 25).
The Secretary must provide reasons and progress information where a child is not placed within six months of consent or not adopted within two years (reg 30).
Discretionary powers and delegated authority
The Secretary has discretion to authorise part‑time principal officers (reg 6(2)), to exempt persons from fees on grounds of inability to pay and hardship (reg 41), and to refer assessment reports to an expert panel (reg 19(2)). Those discretionary powers shift consequential decision costs and implementation burdens onto the Secretary’s office.
Penalties and enforcement
The Regulations use a mixture of monetary penalties, administrative orders and process controls to enforce compliance. They also allocate inspection and information‑gathering powers to the Secretary and authorised officers for enforcement.
Monetary penalties
Multiple regulations specify a fixed maximum monetary penalty for noncompliance described as "Fine not exceeding 20 penalty units". This penalty applies to breaches including:
Failure to forward particulars of material changes to prescribed information within 14 days (reg 5(1)).
Failure to publish a change of principal office address in three newspapers (reg 5(2)).
Failure by principal officers to keep required records (reg 8(1)) and permitting the loss or destruction of records (reg 8(3)).
Failure to comply with production requests by the Secretary or authorised officers within 14 days (reg 9(2)).
Failure by principal officers to prepare and forward returns within 30 days after each six month reporting period (reg 10(2)).
Failure to keep the register up to date and to remove names when required (reg 16(1)-(2)). The specific citation for the penalty is reg 16(1)-(2).
Administrative enforcement and removal
The Secretary may remove names from the register of accepted applicants and record approvals or refusals (reg 16(2), reg 19(5)(a)). Removal must be accompanied by written notification and reasons (reg 16(2)(c); reg 19(5)(b)).
The Secretary or relevant principal officer may withdraw an approval as a prospective adoptive parent for failure to notify address or residency changes, or where the person no longer complies with acceptance criteria (reg 20). That is an administrative sanction that affects an applicant’s ability to have children placed for adoption.
Inspection and information powers
The Secretary and authorised officers have the power to request production of adoption records and supplementary information from principal officers; those requests must be complied with within 14 days (reg 9(1)-(2)). The statutory obligation to produce records operates alongside the monetary penalty for noncompliance.
Procedural safeguards and indirect enforcement
Time limits for report preparation, distribution and comment (reg 17) create a procedural enforcement mechanism: noncompliance by report writers can attract penalties (reg 17(2) penalty not exceeding 20 penalty units).
The requirement that a principal officer forward consents certified under Form 5 to the Secretary within 14 days (reg 26(1)(a)) creates a concrete notification duty that, if not observed, may disrupt the Secretary’s power to accept guardianship (reg 26(2)).
Courts are required to seal identity‑sensitive documents and deliver them to the Secretary for safekeeping after hearings (reg 36). Failure to follow these procedures could expose responsible court staff or officers to administrative review though the text does not specify a direct monetary penalty for courts; the procedural requirement strengthens confidentiality enforcement.
Fee enforcement
Schedule 2 establishes fees in fee units for entry on the register, assessment, reports, application preparation and Part VI information requests (reg 40; Schedule 2). Those fees are payable as statutory charges. The Secretary or principal officer has the discretionary power to exempt persons from all or part of a fee on grounds of inability to pay and undue hardship (reg 41). The presence of an explicit exemption power centralises the decision to waive fees with the Secretary or principal officer, rather than with an independent review body.
Discretionary enforcement risks and administrative compliance
The Regulations create multiple discretionary decision points vested in the Secretary and principal officers: acceptance of suitability applications (reg 15(1)), part‑time authorisation for principal officers (reg 6(2)), referral to a panel (reg 19(2)), fee exemptions (reg 41), and withdrawal of approvals (reg 20). Those discretionary powers shape enforcement outcomes because the Secretary’s exercise of discretion can either tighten or relax formal compliance burdens, but the Regulations require written notifications and reasons in many cases (regs 15(2), 16(2)(c), 19(5)(b)) which creates a paper trail that can be audited or litigated.
Summary of enforcement mechanisms
Monetary fines (up to 20 penalty units) for specified breaches.
Administrative removal or revocation of approvals and registrations.
Statutory inspection and production powers with defined timeframes.
Procedural controls (forms, sealing, time limits) that serve as compliance checkpoints.
Fee schedule and centralised exemption power that affect the cost of compliance.
Practitioners advising clients should note both the specific monetary penalties attached to breach of particular obligations and the broader administrative enforcement environment controlled by the Secretary and principal officers.
How it interacts with other laws
The Regulations operate as subordinate legislation to the Adoption Act 1988 and expressly references and interoperates with multiple other statutes and administrative frameworks. They translate the Act’s high‑level provisions into operational requirements and link Tasmania’s adoption administration into national and interjurisdictional systems.
Primary statutory relationships
Adoption Act 1988: The Regulations implement and give procedural effect to many provisions of the Act. They specify matters for which the Act requires regulations, including prescribed requirements for prospective adoptive parents (reg 18 for the purpose of s 24(1)(a) of the Act), forms of consent and procedural forms for court applications and adoption orders (regs 23, 32, 35 referencing the Act), and fees for services and Part VI applications (reg 40 referencing s 92 of the Act and Part VI provisions).
Magistrates Court Act 1987: The definition of "district registrar" in reg 3 references section 16A of the Magistrates Court Act 1987. That cross‑reference identifies the judicial or registry officers with functions in relation to adoption proceedings.
Relationships Act 2003: The acceptance criteria for suitability applications for two‑person applicants permits parties who are "parties to a significant relationship which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003" as equivalent to marriage or a specified cohabiting relationship (reg 15(1)(a)(ii)).
Children, Young Persons and Their Families Act 1997: The form of consent given by the Secretary under s 70 of that Act is prescribed as Form 7 for the purposes of consent to adoption where the child is under guardianship of the Secretary (reg 23(1)(c)). That situates adoptions of children formerly under guardianship within the combined statutory architecture.
Interjurisdictional and administrative connections
Registrar offices in other States and Territories are prescribed as registering officers for the purposes of s 66 of the Act (reg 38). The Regulations specifically list the registrars in each State and Territory. This facilitates the registration or recording of adoption orders across jurisdictions and the administrative interchange relating to birth registrations.
Rules Publication Act 1953: The Regulations note that Schedule 2 is displayed and numbered in accordance with the Rules Publication Act 1953, indicating compliance with secondary legislation publication norms and the formal process of government notification.
Court procedure and confidentiality
The court sealing and delivery requirement (reg 36) ties court procedure under the Adoption Act to the Secretary’s recordkeeping responsibilities. The requirement that the court seal identity‑sensitive adoption documents and deliver them to the Secretary creates an evidence chain between judicial proceedings and executive recordkeeping.
Administrative law and discretion
The Secretary’s discretionary powers (to accept suitability applications, to authorise part‑time principal officers, to exempt fees, to withdraw approvals) mean administrative law principles (natural justice, reasoned decisionmaking, recordkeeping) will govern how those powers are exercised. While the Regulations impose notification and reasons obligations in several places (regs 15(2), 16(2)(c), 19(5)(b)), the text does not itself set out merits review or appeal mechanisms; any judicial review would proceed under general administrative law.
Tension points with other statutes
The Regulations impose confidentiality and secure storage obligations (reg 7(i)-(j); reg 36). Those obligations may intersect with freedom‑of‑information regimes or child protection obligations under other Acts; the Regulations do not resolve such conflicts and practitioners should consider the hierarchy and exceptions in other statutes where competing duties exist.
Summary
The Regulations are an operational interface between the Adoption Act and other statutory governance frameworks, including court registry rules, relationship recognition under the Relationships Act, guardianship under the Children, Young Persons and Their Families Act, and interjurisdictional birth registration systems. They create duties and documentation flows that connect applicants, agencies, courts and registrars across those statutory systems.
Amendment history
The instrument as provided contains internal evidence about its origin and commencement but does not include any later amendment schedule or revision notes within the provided text. The key historical facts available in the Regulations are these:
Citation and commencement: The Regulations are cited as the Adoption Regulations 2016 (reg 1) and took effect on 27 December 2016 (reg 2).
Gazette notification: The instrument was notified in the Gazette on 21 December 2016, as stated at the end of the document.
Administration: The Regulations are administered in the Department of Health and Human Services, as stated at the end of the document.
What is not present in the provided text
No subsequent amending instruments, revocations, or consolidated amendment history are included in the materials supplied. The Regulations as provided appear in their original 2016 form with the Schedules and forms attached.
The text does not provide a chronology of prior instruments replaced by the 2016 Regulations, nor does it list transitional provisions or repeal language within the excerpt provided.
Implications for practice
Practitioners should treat the 2016 text as the operative set of Regulations insofar as the supplied extract indicates. However, because no amendment history beyond commencement is included in the material supplied, users wishing to rely on these provisions in practice should verify whether subsequent amending regulations, disallowances, or consolidations have been made since December 2016. The instrument’s administration by the Department of Health and Human Services suggests that that Department’s website or the Tasmanian legislation database will record any later amendments, but that verification step lies outside the content provided.
Recordkeeping and versioning signals within the instrument
The Regulations adopt the Rules Publication Act 1953 convention for display and numbering of Schedule 2 fees, which indicates normal statutory publication practice and suggests that any future amendments to fees would be notified under the same publication regime.
In short, the provided text is the Adoption Regulations 2016 in their original notified form (commencement 27 December 2016). No further amendment history is supplied in the material you provided. Confirming post‑2016 amendments or disallowances requires consulting the official Tasmanian legislation database or government notices.
Litigation history
The Regulations themselves do not include a litigation history. The text does not cite any cases, tribunal decisions or judicial interpretations. The instrument is entirely procedural and administrative in form, prescribing duties, forms and fees rather than creating novel substantive legal rights that would immediately generate reported litigation within the text.
What the Regulations make likely as litigation themes
Although no cases are named in the instrument, the Regulations establish multiple decision points and discretionary powers that commonly give rise to administrative law challenges or contested court proceedings in adoption contexts. Those decision points include:
Acceptance or non‑acceptance of suitability applications and the obligation to give reasons (reg 15(2)).
Approval or refusal of prospective adoptive parents following assessment reports and panel recommendations (reg 19(1)-(3), (5)), including potential disagreement with the content of assessment reports.
Withdrawal of approval and removal from the register where a prospective adoptive parent is found not to comply with reg 15 criteria or fails to notify changes of address or residence (reg 20).
Secretary determinations accepting guardianship upon receipt of consents forwarded under Form 5 (reg 26).
Administrative decisions to exempt or not exempt fees under reg 41.
Confidentiality and sealing obligations (reg 36) and any disputes about disclosure or access to sealed records under the Adoption Information Register or Part VI of the Act (regulated by Schedule 2 fees and reg 40).
Where an individual or agency is adversely affected by a Secretary’s or principal officer’s decision, the procedural safeguards in the Regulations (written notification and reasons in specified clauses such as reg 15(2), reg 19(5)(b), reg 16(2)(c)) create material for merits or judicial review, but the Regulations do not themselves set out appeal routes.
Practical note
The Regulations create administrative processes that produce documentation and reasons. That documentation, together with statutory duty‑holders and time limits, provides the evidentiary basis that a litigant would need to seek review of administrative decisions. Practitioners should be prepared to rely on the procedural guarantees in the Regulations when advising clients on possible review pathways, but any assertion about litigation trends or outcomes must be based on case law, which the instrument does not provide.
In summary, the instrument contains no litigation history or case references. It creates multiple decision points that in practice are candidates for administrative or judicial review, but the text itself does not record any such disputes or outcomes.
Gotchas
The Regulations include multiple operational traps for agencies, applicants and advisers. Below are concrete "gotchas" drawn from the text, with citations and practical implications.
Time limits are short and linked
Assessment reports must be prepared within 12 months after registration (reg 17(2)). Report writers must provide the report to the accepted applicant at the time of preparation and then forward the report and any applicant comments to the Secretary or principal officer within 21 days after receipt of comments or after the report was provided, whichever first occurs (reg 17(4)-(6)). Applicant comments must be submitted within 7 days (reg 17(5)). Miss one deadline and the administrative process is distorted; the Regulations attach penalties for failure of the report writer to prepare the assessment report on time (reg 17(2) penalty).
Registration exclusivity
An accepted applicant may not have his or her name recorded on the registers of more than one approved agency at the same time (reg 16(3)). Applicants who seek multiple agency options must ensure de‑registration before acceptance with another agency; failure to observe this exclusivity can cause administrative complications.
Residency, citizenship and criminal history constraints are mandatory at the acceptance stage
The Secretary or principal officer will not accept suitability applications unless the applicant(s) meet residency and citizenship thresholds, are in good physical and mental health, have no recent imprisonment (within five years), have not been sentenced to five years imprisonment or more at any time, and have not been convicted of any offence against a child. Female applicants must not be pregnant at the point of acceptance (reg 15(1)(b)-(h)). These criteria are assessed at acceptance, not merely at approval, so applicants who do not meet them risk being refused at the initial gate and will be notified in writing with reasons (reg 15(2)).
Pregnancy rule may block placement even after approval
A female prospective adoptive parent must not be pregnant at the time of placement (reg 28(b)), and an accepted applicant may not be accepted if female and pregnant at the acceptance stage (reg 15(1)(h)). Prospective adoptive parents and agencies must coordinate timing carefully to avoid losing a placement opportunity.
Publication requirement imposes costs on agencies
If an approved agency changes its principal office address in Tasmania it must publish notice of the change and the new address in three newspapers circulating generally throughout Tasmania (reg 5(2)). That is an unusual and potentially costly publicity obligation that agencies must budget for; failure attracts a penalty up to 20 penalty units.
Records must be retained and kept secure; loss is penalised
Principal officers must keep comprehensive records about adoptions, placements and payments (reg 8(1)(a)-(c)). A principal officer must not permit the record of a child placed for adoption to be lost or destroyed (reg 8(3)). Records can be produced to the Secretary on request (reg 9), and loss or destruction attracts a penalty.
Fees are significant and denominated in fee units
Schedule 2 sets fees in "fee units" for key services. The assessment fee is 942 fee units (Schedule 2 Part 1 item 2), which is material. The Regulations provide a discretionary exemption power (reg 41), but applicants must apply to the Secretary or principal officer; the Regulations do not prescribe a review mechanism for refused exemption applications.
Secretary has multiple discretionary powers that affect outcomes
The Secretary may authorise exceptions (part‑time principal officer, reg 6(2)), accept guardianship upon receipt of certain consents (reg 26(2)), extend approvals (reg 22(2)), withdraw approvals (reg 20), and exempt fees (reg 41). These discrete discretionary powers can create process uncertainty for applicants and agencies because final outcomes may depend on how the Secretary exercises discretion in a given case.
Panel composition and conflict rules matter
An assessment report may be referred to a panel of not less than three persons approved by the Minister (reg 19(2)). A report writer must not be a member of the panel considering a report they prepared (reg 19(4)). Agencies must therefore ensure separation between assessment writers and decision panels to avoid procedural defects.
Form compliance is mandatory and detailed
Many statutory steps require use of the prescribed forms from Schedule 1: Form 1 for suitability applications; Form 2 for medicals; Forms 3-4 for child medical reports; Forms 5-7 for consents; Form 9 for adoption applications; Form 10 for notice in section 25 contexts; and Forms 11-17 for adoption orders, certificates and applications under section 80 (various regs). Incorrect, incomplete or untimely use of these forms can invalidate steps or delay proceedings.
Sealing and confidentiality procedural step is mandatory
The court must seal identity‑sensitive documents and deliver them to the Secretary after a hearing (reg 36(1)-(2)). Failure to comply with the sealing and delivery requirement could jeopardise the statutory confidentiality regime and create practical complications for record management.
Limits on extensions and renewals
Approvals as prospective adoptive parents expire after three years (reg 21(1)), and extension applications can be made up to 30 days before expiry with each extension limited to two years and no more than three extension applications permitted (reg 22). Prospective adoptive parents must track these limits carefully to avoid loss of approval.
Practitioners and agencies should map these traps into operational checklists and calendar reminders. Many of the procedural missteps have penalties attached, or they create irreversible administrative consequences such as revocation of approval or inability to place a child.
How to comply
This section sets out a practical compliance roadmap for applicants, approved agencies, principal officers and report writers. The steps are sourced directly from the Regulations and include document, timing and procedural checkpoints.
Checklist for individual applicants (prospective adoptive parents)
Pre‑application screening
Confirm residency and citizenship status: applicants must be resident in Tasmania and permanent residents of Australia; in two‑person applications one person must be an Australian citizen (reg 15(1)(b)).
Check criminal history and health criteria: no imprisonment in the previous five years, no sentence of five years or more at any time, no conviction for offences against a child, and applicants must be in good physical and mental health (reg 15(1)(c)-(f)). Female applicants must not be pregnant at acceptance (reg 15(1)(h)).
Submit suitability application
Use Form 1 and attach a completed medical examination in Form 2. Ensure the application is in writing and contains any other information the Secretary or principal officer may require (reg 13(2)(a)-(d); reg 14(2) for relatives).
Await written notification of acceptance or non‑acceptance and reasons (reg 15(2)).
If accepted, await assessment report and participate
Once registered as an accepted applicant, expect an assessment report to be prepared within 12 months (reg 17(2)). The report writer must provide a copy of the assessment report at the time it is prepared (reg 17(4)).
Provide any written comments to the report writer within 7 days of receipt of the report (reg 17(5)).
Approval and placement
If approved as a prospective adoptive parent, the approval will be recorded on the register (reg 19(5)(a)). Approval expires after three years unless extended (reg 21(1)).
Ensure you notify the Secretary of any change in address or residency status promptly to avoid revocation under reg 20.
Checklist for approved agencies and principal officers
Agency approval application
Prepare prescribed information per reg 4: operating name including "Adoption Agency"; addresses and contact numbers; principal officer details including qualifications and extent of employment; nominee authorised to act during absence; staff qualifications; special facilities; consultative services; expected annual adoptions; and constitutional documents.
Governance and staffing
Ensure the principal officer meets residency, full‑time (or substantially full‑time) employment and qualification requirements unless a written part‑time authorisation from the Secretary is obtained (reg 6(1)-(2)).
Employ at least one additional person with the required experience or qualifications (reg 6(3)). Staff who carry out assessment functions must meet the same qualification or experience standards (reg 6(4)).
Notifications and publication duties
On material change to prescribed information, forward written particulars to the Secretary within 14 days (reg 5(1)). This obligation carries a penalty for failure.
Publish changes of principal office address in three newspapers circulating generally throughout Tasmania, and be prepared to pay associated costs (reg 5(2)).
Records and returns
Keep comprehensive records on adoptions, placements, arrangements and payments; do not lose or destroy child records (reg 8(1)-(3)). Records may be delivered to the Secretary at any time (reg 8(2)).
Respond to written inspection requests from the Secretary or authorised officers within 14 days (reg 9(1)-(2)).
Prepare biannual returns for January-June and July-December and forward them within 30 days (reg 10(1)-(2)).
Assessment and reporting
Ensure report writers prepare assessment reports within 12 months of registration and include the required content per reg 17(3).
Provide assessment reports to applicants at the time of preparation and forward reports and any comments to the Secretary or principal officer within 21 days (reg 17(4)-(6)).
Appropriate separation of duties: a report writer must not sit on the panel that considers reports they prepared (reg 19(4)).
Placement processes
Do not place a child for adoption unless the prospective adoptive parent continues to meet the Part 3 requirements, is not pregnant if female, and any other previously placed child has been finalised by adoption (reg 28).
Consult with qualified staff before completing placement negotiations (reg 29(2)).
Consents and communications with the Secretary
If a consent in Form 5 is certified by a principal officer or qualified staff and authorises the principal officer to arrange the adoption, forward the consent by registered post to the Secretary within 14 days and inform the Secretary whether the agency is willing to make arrangements (reg 26(1)(a)-(b)). This initiates the Secretary’s acceptance of guardianship sequence (reg 26(2)).
Financial compliance
Apply the fee schedule in Schedule 2. Important items include entry to the register (200 fee units), assessment (942 fee units), preparation of reports (500 fee units), support services (500 fee units), and court application preparation (200 fee units) (reg 40; Schedule 2). For Part VI applications and information, fees are set out in Schedule 2 Part 2.
Where a client cannot pay, the Secretary or principal officer may exempt all or part of a fee upon a determination of inability to pay and unreasonable hardship (reg 41). Agencies should prepare evidence of financial hardship should they seek exemption for clients.
Court and court‑document compliance
Prepare adoption applications in Form 9 and include the report by the Secretary or principal officer as required by the Act and reg 33(1). Child medical reports must be in Form 3 or Form 4 depending on age (reg 33(2)).
Ensure the court seals identity‑sensitive documents and delivers sealed envelopes to the Secretary at the conclusion of hearings (reg 36). Maintain a copy of documents and an audit trail.
Record of approvals and renewals
Monitor approval expiry dates and apply for extensions up to 30 days before expiry. Extensions may be granted for periods not exceeding two years and no more than three extension applications may be made (reg 22). Document all approvals and removals from the register.
Operational risk controls
Maintain compliance calendars keyed to the 7‑day applicant comment window, the 12‑month assessment report deadline, the 21‑day forwarding requirement, the 14‑day record production requirement, and the 30‑ and 90‑day publication and reporting deadlines. These timeframes are recurring and carry penalties for breach.
Practical tips
Standardise and pre‑fill Forms 1-17 where permitted, and store master copies in a controlled environment to ensure compatibility with the Regulations.
Budget for public notices required under reg 5(2).
Establish separation of duties so that report writers do not sit on decision panels that consider their own reports (reg 19(4)).
Document fee‑exemption decisions and the evidence supporting inability to pay and hardship (reg 41), because the Regulations centralise that discretion with the Secretary or principal officer.
Following this roadmap and mapping the key timelines and forms to an operational workflow will assist agencies, applicants and practitioners in meeting the Regulations’ procedural and substantive obligations.
Prescribed information contained in applications for approval of adoption agencies
4 Prescribed information contained in applications for approval of adoption agencies
4 Prescribed information contained in applications for approval of adoption agencies
For the purpose of section 10(3)(a) of the Act, the prescribed information relating to a welfare organization to be included in an application for approval as an approved agency is as follows:
(a) the proposed operating name of the proposed approved agency, which must include the words "Adoption Agency";
(b) the proposed operating address and telephone number of the principal office and any other office or premises in Tasmania of the proposed approved agency;
(c) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person nominated to be the principal officer of the proposed approved agency;
(d) the proposed extent of employment of the principal officer by the proposed approved agency, including whether full-time employment or the expected number of hours each week;
(e) the full name, residential address, telephone number, qualifications and experience in adoption matters of the person who is to be authorized to act for the principal officer during his or her absence;
(f) the names, qualifications and experience in adoption matters of any other person proposed to be employed by the proposed approved agency for the purposes of –
(i) the assessment of parties to adoption; and
(ii) the placement of a child in the care of persons with a view to those persons adopting the child; and
(iii) the counselling of parties to adoption;
(g) particulars of any special facilities to be operated by, or available to, the proposed approved agency;
(h) particulars of any medical, psychiatric, psychological or other consultative services available to the proposed approved agency;
(i) the estimated number of adoptions expected to be arranged by the proposed approved agency annually;
(j) particulars of any constitutional documents, rules and other documents of a similar nature of the proposed approved agency.
5 Notification of changes to prescribed information
5 Notification of changes to prescribed information
(1) If any of the prescribed information referred to in regulation 4 changes in a material particular, the relevant welfare organization must forward to the Secretary written particulars of the change within 14 days after that change.
Penalty: Fine not exceeding 20 penalty units.
(2) An approved agency that changes the address of its principal office in Tasmania must cause notice of the change and the new address to be published in 3 newspapers circulating generally throughout Tasmania.
Penalty: Fine not exceeding 20 penalty units.
6 Principal officers and other staff of approved agencies
6 Principal officers and other staff of approved agencies
(1) Subject to subregulation (2) , a principal officer must be a person who –
(a) is resident in Tasmania; and
(b) is employed full-time or substantially full-time; and
(c) has a tertiary degree or its equivalent in social work, psychology, counselling or another relevant field; and
(d) in the opinion of the Secretary, has training and experience in adoption administration and practice, or the ability to acquire that training and experience, to enable that person to satisfactorily carry out the duties of a principal officer.
(2) The Secretary, in writing, may authorize an approved agency to appoint a principal officer on a part-time basis for a period specified by the Secretary if the Secretary is satisfied that the approved agency will be able to function effectively during that period.
(3) An approved agency must employ, in addition to the principal officer, at least one person who has –
(a) not less than 2 years' experience in adoption practice; or
(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.
(4) A person employed by an approved agency for the purposes referred to in regulation 4(f) , who is not a person referred to in subregulation (1) or (3) , is to have –
(a) not less than 2 years' experience in adoption practice; or
(b) a tertiary degree or its equivalent in social work, psychology, counselling or other relevant field.
(5) If the Secretary is of the opinion that an approved agency has insufficient staff with the qualifications specified in subregulations (3) and (4) –
(a) the Secretary must notify the principal officer of the approved agency of that opinion; and
(b) the principal officer must take all reasonable steps to ensure that the approved agency employs sufficient staff who have those qualifications.
7 Approved agencies to provide services and facilities
7 Approved agencies to provide services and facilities
An approved agency must provide services, including counselling where appropriate, and facilities for the following:
(a) persons who request the approved agency to make arrangements for the adoption of a child;
(b) the taking and witnessing of consents to the adoption of a child;
(c) the counselling, before and after adoption, of parties to the adoption of a child;
(d) the assessment of a person's suitability for adopting a child;
(e) the selection of persons to have a child placed in their care with a view to adopting the child;
(f) arranging care of a child before that child is placed for adoption;
(g) the regular supervision of the care of a child until an adoption order is made in respect of the child;
(h) the presentation of applications for adoption orders to court and securing adoption orders;
(i) ensuring that all services relating to adoptions are confidential;
(j) ensuring the separate and secure storage of all records relating to adoptions.
Penalty: Fine not exceeding 20 penalty units.
8 Principal officers to keep records of adoptions
8 Principal officers to keep records of adoptions
(1) For the purposes of section 16(2) of the Act, a principal officer must keep records relating to –
(a) the adoption of a child; and
(b) any arrangements and negotiations by the approved agency for the placement of a child in the care of a prospective adoptive parent; and
(c) all payments made to, or by, the approved agency with respect to the adoption of a child and the placement of a child in the care of a prospective adoptive parent, the purpose of those payments and the details of any reimbursement of those payments to the approved agency.
Penalty: Fine not exceeding 20 penalty units.
(2) A principal officer may at any time deliver to the Secretary records relating to a matter referred to under subregulation (1) .
(3) An approved agency must not cause or permit the record of a child that it has placed for adoption to be lost or destroyed.
Penalty: Fine not exceeding 20 penalty units.
9 Inspection of records by Secretary
9 Inspection of records by Secretary
(1) The Secretary, or an officer of the Department authorized in writing by the Secretary for the purpose, may request a principal officer in writing to –
(a) produce to, and make available for inspection by, the Secretary or the authorized officer records kept by the principal officer under regulation 8 ; and
(b) supply any information that the Secretary or the authorized officer may require relating to any arrangements and negotiations by the principal officer for the placement of children in the care of prospective adoptive parents.
(2) A principal officer must comply with a request under subregulation (1) within 14 days after receipt of that request.
Penalty: Fine not exceeding 20 penalty units.
10 Approved agencies to forward returns to Secretary
10 Approved agencies to forward returns to Secretary
(1) A principal officer must prepare, in respect of the periods January to June and July to December in each year, a return in respect of the approved agency specifying –
(a) the number of children who were placed in the care of prospective adoptive parents; and
(b) the number of children who were the subject of adoption orders or interim orders.
Penalty: Fine not exceeding 20 penalty units.
(2) A return under subregulation (1) must be forwarded to the Secretary within 30 days after the expiration of the period to which it relates.
Penalty: Fine not exceeding 20 penalty units.
11 Publication of approval of approved agencies
11 Publication of approval of approved agencies
The Secretary must cause notice to be published in the Gazette and 3 newspapers circulating generally in Tasmania specifying the following information:
(a) the granting of an application under section 11 of the Act;
(b) the revocation or suspension of the approval of an approved agency under section 13 of the Act.
Part 3 Adoption Process
Part 3 Adoption Process
Division 1 Overview of Adoption Process
Division 1 Overview of Adoption Process
12 Overview of adoption process
12 Overview of adoption process
The steps to be followed by a person who wishes to adopt a child are as follows:
(a) the person applies under Division 2 to be assessed as a person suitable to adopt a child;
(b) if that application is accepted, that person becomes an accepted applicant and his or her name is recorded on the register of accepted applicants;
(c) after the accepted applicant's name is recorded on the register of accepted applicants, an assessment report is prepared under Division 3 in respect of that accepted applicant and a copy of that report is provided to the Secretary or relevant principal officer;
(d) after consideration of the assessment report, the Secretary or relevant principal officer approves, or refuses to approve, that accepted applicant as a prospective adoptive parent under Division 4 ;
(e) the Secretary or relevant principal officer then places a child who is available for adoption with the prospective adoptive parent, with a view to that prospective adoptive parent adopting the child;
(f) the court makes an adoption order for the adoption of the child by the prospective adoptive parent with whom the child was placed.
Division 2 Assessment of Person's Suitability to Adopt
Division 2 Assessment of Person's Suitability to Adopt
13 Applications for assessment of suitability to adopt
13 Applications for assessment of suitability to adopt
(1) A person may apply to the Secretary or a principal officer for assessment of the suitability of a person to adopt a child.
(2) An application for assessment of the suitability of a person to adopt a child is to –
(a) be in writing; and
(b) be in accordance with Form 1 ; and
(c) be accompanied by a medical examination report in accordance with Form 2 ; and
(d) include any other information that the Secretary or a principal officer, either generally or in a particular case, may require.
14 Applications for assessment of suitability to adopt by natural relative, &c.
14 Applications for assessment of suitability to adopt by natural relative, &c.
(1) The spouse of a natural parent of a child, the spouse of an adoptive parent of a child or a relative of a child may apply to the Secretary for assessment of the suitability of the spouse or natural relative to adopt the child.
(2) An application for assessment of the suitability of a spouse or relative to adopt a child is to be –
(a) in writing; and
(b) in accordance with Form 1 .
15 Acceptance of suitability applications
15 Acceptance of suitability applications
(1) The Secretary or a principal officer may accept a suitability application if he or she is satisfied that the person referred to in the suitability application fulfils the following criteria:
(a) in the case of a suitability application made by two persons, that those persons are –
(i) married; or
(ii) parties to a significant relationship which is the subject of a deed of relationship registered under Part 2 of theRelationships Act 2003 ; or
(iii) residing together in a stable continuous relationship as mentioned in section 20(2) of the Act;
(b) that –
(i) each person so named is resident in Tasmania; and
(ii) each person so named is a permanent resident of Australia; and
(iii) each person so named is an Australian citizen or in the case of a suitability application made by two persons, that one of those persons is an Australian citizen;
(c) that each person so named is in good physical and mental health and whether or not it is rea
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