Australian Capital Territory

Public Sector Management (Adoption) Delegation 2012 (No 1)*

Notifiable Instrument NI2012-330

Adoptions Act 1993 – Office for Children, Youth and Family Support

Instrument of Delegation 

made under the

Public Sector Management Act 1994, section 36C (Delegation by Directors-General)

Pursuant to section 36C of the Public Sector Management Act 1994, I delegate to the public sector officers occupying the positions or performing the functions as specified in the sub-columns of column 1 of the Schedule and whose position numbers are stated in the Table of Delegations, my powers under the provisions of the Adoption Act 1993 specified in Column 3 of the Schedule.

I revoke all previous delegations made under the Adoption Act 1993.  

Natalie Howson
Director-General
Community Services Directorate
24 June 2012

Table of Delegations

Adoptions Act 1993

Care and Protection Services

GROUP	
DESCRIPTION	
POSITION NUMBER

A	
Deputy Director-General, Community Services Directorate
Executive Director, 
Office for Children, Youth & Family Support	
Position No:  E00268

Position no. E00386

B	
Director, Care and Protection Services
	
Position no.  E00280	

C	Senior Manager, Care
Senior Manager, Quality Practice and Compliance
Senior Manager, Legal Services
Senior Manager, Protection	Position no. P11847
Position no. P03004
Position no. P02789, 
Position no. P03847	

D	
Manager Adoption and Permanent Care	
Position no.  P13738	

E	
Team Leader, Adoptions and Senior Practitioners, Permanent Care	
Position nos. P07526, T00370
P00030

F	
Adoptions Social Workers	
Position nos. P00231, P05381, P12998, P16541,07448,P16565, P07869, P11619

G	
Adoptions Administrative Officer
	
Position nos. P07811, T00391	
H	Senior Court Officers and Court Officers, Legal Services Care and Protection Services	Position nos. P17714
P07517, P10948, P22914,P11631,   P07817, 	

SCHEDULE OF DELEGATIONS UNDER THE 

ADOPTION ACT 1993 

AND 

ADOPTION REGULATIONS 1993

A
B
C
D
E
F
	Subject:          

Power and/or function:    

Reference:	Aboriginal and Torres Strait Islander child or young person – additional requirements.
Identify Aboriginal or Torres Strait Islander people or organisations providing support to an Aboriginal or Torres Strait Islander child or young person or their family when a decision is being made under this Act in relation to the child or young person.  

section 6(b)	
A
B
C
D
E
	Subject:          

Power and/or function:    

Reference:	Approval of people suitable to adopt

Receive applications for approval to be registered as suitable for the placement of a child or young person for adoption;

Approve the application or refuse to approve the application having regard to the criteria set out in 
39F (1) (c) of this Act.

section 18	
A
B
C
D
	Subject:          

Power and/or function:    

Reference:	Register of suitable people

Maintain a register of people  wishing to adopt who have been approved, people  who have been refused or people  whose approval has been withdrawn. 

Remove a person from the register if satisfied the person is no longer suitable having regard to section 39F (1) (c) or no longer resident in the ACT

Provide the person with written notice of the removal

section 19 	
A
B
C
D
E
F
	Subject:          

Power and/or function:    

Reference:	Information for certain parents considering consent

Offer information and counselling in accordance with this section, to a parent who is considering consenting to the adoption of a child 28 days following the birth of a child or a parent under the age 18 years considering consenting to the adoption of a child; and ensure the parent has access to independent legal advice.

section 27	
A
B
C
D
E
F	Subject:          

Power and/or function:

Reference:	Revocation of consent

Receive information from the registrar of the Court regarding a revocation of consent.

Notify a person in writing when the period to revoke the consent to the adoption of a child ends.

section 31 	
A
B
C
D
E
F	Subject:          

Power and/or function:    

Reference:	Access during revocation period

Provide written notice of a decision to refuse access to a child where consent has been provided to adoption 

section 32 (1) 	
A
B
C
D
E
F	Subject:          

Powers and/or functions:    

Reference	Dispensing with consent t

Make an application for to dispense with the consent of a person

Provide a written report to the Court following an investigation of the basis of the application 

Make an application to revoke a dispensation of consent order 

section 35	

A
B
C
D
E
F	Subject:

Power and/or function:

Reference:	Placement of child or young person before  adoption

. Place a child or young person in the care of a person who is on the register of suitable people and meets other requirements of this section.

Remove a child or young person from the care of a person with whom the child or young person has been placed under this section if the person is no longer on the suitable people register; the person is no longer considered suitable to adopt according to criteria set out in 39F (1) (c); or within a year of placement with a child or young person the person has not applied for an adoption order.

section 35A (1) (2) (3) 	

A
B
C
D
E
F	Subject:

Power and/or function:

Reference:	Consultation with child or young person before deciding placement

Provide a child or young person with information about the proposed placement; opportunity to express views and assistance in understanding the information and opportunity for counselling before deciding about the placement of the child or young person under section 35A of this Act.

section 35B	

A
B
C
D
E
F
	Subject:          

Powers and/or function:    

Reference: 	Guardianship before adoption

Exercise guardianship of the child or young person  pending the making of an adoption order, the revocation of consent or a Court order is made regarding the guardianship of the child

section 36 (1)	

A
B
C
D
E
F

	Subject:

Powers and/or functions:    

Reference: 	Guardianship of non citizen child or young person
Exercise guardianship of a child or young person brought from outside of Australia for the purpose of adoption in the ACT, or adopted outside Australia if the adoption is not recognised under this Act

section 37 (2)	

A
B
C
D
E
	Subject:          

Powers and/or functions:    

Reference: 	Transfer of guardianship of child young person until adoption

Declare the child or young person is under the guardianship of the director-general

Exercise guardianship responsibilities for the child or young person until the child or young person turns 18 years, an adoption order is made or the court makes an order regarding the guardianship of the child or young person.. 

Request of another State or Territory authority that they assume guardianship of the child or young person with a view to adoption in that State or Territory. 

Make financial arrangements with an authority referred to in subsection (1) or (4) while the child or young person is in the guardianship of the director-general or that authority.

Make arrangements for the return of  the child or young person who is under the guardianship of the  director-general to his or her former custody.

section 38 (1) (2) (4) (7) and (8) 	

A
B
C
D
E
	Subject: 

Power and/or function:    

Reference:	Review of status of child or young person released for adoption

Apply to the court for an order when a child or young person  when child or young person not been placed for adoption or adopted within a year of the required consent being given.

section 39 (1)	
A
B
C
D
	Subject:

Power and/or function:

Reference:	Report on proposed adoption
Provision of a written report to the Court concerning the circumstances of the child or young person; and information about the proposed adoption and an adoption plan.

section 39D (	
A
B
C
D
E
F	Subject:

Power and/or function:

Reference:	Notification to the director- general  of adoption order

Receive in writing from the Registrar of the Court the making of an adoption order.

section 39J	
A
B
C
D	Subject:

.Power and/or function:

Reference:	Discharge of adoption order Apply as a prescribed person for the Court to make an order discharging an adoption order

section 39L (1) ()	
A
B
C
D
	Subject:

Power and/or function:

Reference:	Report to discharge an adoption order

Provision of a written report to the Court

section 39L (4)	
A
B
C
D
	Subject: 

Power and/or function:

Reference:	Amendment of adoption condition 

Prepare a report for the amendment of a condition of the adoption order

section 41 (2)	
A
B
C
D
	Subject: 

Power and/or function:    

Reference:	Report on proposed name change

Provision of a written report to the court if an adoptive parent applies for an order to change a child’s or young person’s given name.

section 45 (4)	

A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Bequest by will to unascertained adopted person

Upon written request of the public trustee, make inquiries to ascertain the name and address of the beneficiary or if the beneficiary has died, the date of death, and inform the Public Trustee 

section 48 (3)	

A
B
	Subject: 

Power and/or function:    

Reference:	State Central Authority Inform the Commonwealth central authority that the director-general is the State central authority for the ACT for the purposes of the Convention, article 6 (2); and the address and functions of the State central authority for the ACT

section 55 (2)	

A
B
C
D
E
F	Subject: 

Powers and/or functions:    

Reference:	Functions of state central authority Perform the duties of a central authority under the Convention; and

Exercise all the powers of a central authority under the Convention except for functions under the Family law (Hague Convention on Intercoun try Adoption) Regulations 1998

section 56 (1) 	
A
B
C
D	Subject:          

Powers and/or functions: 

Reference:   	Report on child for intercountry adoption

Prepare a written report for the court

section 57A (1) and (2)	
A
B
C
D

	Subject:          

Powers and/or functions: 

Reference:	Issue of adoption compliance certificate

Issue an Adoption compliance certificate as State central authority

section 57C 	
A
B
C
	Subject:          

Powers and/or functions: 

Reference:   	Refusal to recognise adoption or decision

Apply to the court for a declaration that an adoption or decision made in accordance with the Convention, article 27 is not recognised.

section 57G (1)	
A
B
C

	Subject:          

Powers and/or functions: 

Reference:   	Order terminating legal relationship between child or young person and parents

Apply to the court for an order that the adoption of a child or young person terminates previous legal relationship.

Give written notice of the application to the relevant convention country central authority

Section 57H (2) and (3)	
A
B
C
D
E
F
G	Subject:          

Power and/or function:    

Reference: 	Records of adoptions

Maintain records in respect of each adoption negotiated or arranged by the director-general

section 61 (1)	

A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Provision of information

Provide information to an entitled applicant under this part of the Act and request a relevant authority to provide information or make such enquiries as are reasonable to obtain the information required.  

section 62 (1)	

A
B
C
D
E
F
	Subject: 

Power and/or function:    

Reference:	Medical Information

Disclose information that may be prejudicial to the physical or mental wellbeing of the applicant to a medical practitioner nominated by the applicant and approved by the authority.

section 65 	
A
B
C
D
E
F
G	Subject:          

Power and/or function:    

Reference:	Recipient of application 

Receive an application for information from an associated person

section 67	

A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Restriction on entitlement to apply

Satisfy the requirement that a person as identified in subsection 1-5 of this section is dead or the whereabouts of the person could not with reasonable enquiries be ascertained

Withhold information from a birth parent as outlined in the Act.

sections 68(6) and (7)	

A
B
C
D
E
F	Subject:          

Power and/or function: 

Reference:   	Obtaining written approval

Seek to obtain written approval from each person whose approval is required for the applicant to receive information

section 69 	
A
B
C
D
E
F
G	Subject:          

Powers and/or functions: 

Reference:   	Objections to contact – adoptions before Adoption Amendment Act 2009 (No 2)

Receive written objection to contact from an associated person.

Maintain a Contact Veto Register

section 70 (2) & (3)	

A
B
C
D
E
F	Subject: 

Powers and/or functions:    

Reference:	Counselling services

Ensure that an applicant attends an interview with an approved counsellor if there is a Contact Veto in place before information is released.  Counsellors approved must have relevant qualifications and experience.

Advise applicant in writing of a place or places at which counselling services are available and that information cannot be supplied unless the applicant attends an interview with an approved counsellor

Dispense with counselling if satisfied that the adopted person and another person referred to in the original birth certificate relating to the adopted person have already exchanged information that may identify the birth parent or a birth relative of the adopted person.

Approve in writing a person as a counsellor for this Act.
Be satisfied that a person has requisite qualifications for this Act

section 72 	
A
B
C
D
E
F
G	Subject: 

Power and/or function:    

Reference:	Declaration that contact not be attempted

Provide information to a person on the contact veto register only if they have attended counselling (s72) and sign a declaration as outlined in the Act.  

section 73	

A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Birth details of adopted person born overseas

At the request of an adult adopted person born overseas, furnish details of his or her birth certificate and other information as is available from the records of the appropriate authority of the child’s country of origin.

section 74	
A
B
C
D
	Subject: 

Power and/or function:    

Reference:	Application to court in absence of consent

Investigate and prepare a report to Court regarding an application under this section of the Act

section 75(2)	
A
B
C
D
	Subject: 

Power and/or function:    

Reference:	Other person’s right to information

Prepare a report to Court regarding an application under this section of the Act

section 76 (2)	

A
B
C
D
E
F
	Subject: 

Power and/or function:    

Reference:	 Family Information Service

Responsible for the administration of the family information service in accordance with the functions outlined in this section of the Act

section 77(2)	
A
B
C
D
E
F
G	Subject: 

Power and/or function:    

Reference:	Adoption Information Register

Establish and maintain an Adoption Information Register in accordance with the requirements of the Act.  Amend or cancel an entry related to a person upon their written request and in accordance with the Act

section 78 	
A
B
C
D
E
F
G	Subject: 

Power and/or function:    

Reference:	Contact Veto Register

Establish and maintain a Contact Veto Register in accordance with the requirements of the Act

section 79 	
A
B
C
D
E
F
G	Subject: 

Power and/or function:    

Reference:	Reunion Information Register

Establish a Reunion Information Register in accordance with the requirements of the Act.

section 80 	

	Subject: 

Power and/or function:    

Reference:	Application for approval

Receive a written application from a private adoption agency for approval to conduct and make arrangements with a view to the adoption of children

section 81(1)	

	Subject: 

Power and/or function:    

Reference:	Grant or refusal of approval of private adoption agencies

Grant or refuse to grant an approval to an application made under s81 

section 82  	

A
B
C
D	Subject: 

Power and/or function:    

Reference:	Change  in principal officer of private adoption agency

Receive written notification of a change of principal officer

section 83(1)(b)	

	Subject: 

Power and/or function:    

Reference:	Revocation or suspension of approval 

Revoke or suspend in writing an approval provided to a private adoption agency, having regards to matters as outlined in the Act.  Serve this written notice on the principal officer of the agency.

section 85	

A
B
C
D	Subject: 

Powers and/or functions:    

Reference:	Effect of cessation of approved agency

Receive all documents from a charitable organisation that has ceased to be a private adoption agency.
Assume guardianship for a child for whom the principal officer of the organisation was the guardian
Continue any negotiations being undertaken by the organisation immediately before the cessation of the service

section 86	

A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Approval of communications with an adopted child 

Provide approval to communication for section 91 (b) in accordance with requirements of the Act. 

section 92	

A
B
C
D
	Subject: 

Power and/or function:    

Reference:	Director-General’s  Report for Prosecution

Provide a report to the Court regarding an offence against s91 (b).

section 93	

A
B
	Subject: 

Power and/or function:    

Reference:	Payments in consideration of adoptions

Authorise a payment or reward concerning an adoption

section 94(2)(b) and (c)	

A
B
C
D
	Subject: 

Power and/or function:    

Reference:	 Reviewable decision notice

Provide a written notice of decision to the relevant person in accordance with this section of the Act

section 103  	
A
B
C
D
E
F	Subject: 

Power and/or function:    

Reference:	Notification to parents.

Notify in writing a birth parent of matters as outlined in this section of the Act

section 108	
A
B
C
	Subject: 

Power and/or function:    

Reference:	Financial support of adopted children and young people

May provide financial support to the adoptive parents in some circumstances as outlined in this section.

Review a decision to provide financial support every 12 months

section 108A (2) and (3)	

A
B
C
D
E
F
H	Subject: 

Power and/or function:    

Reference:	Director General may appear at hearings

Appear at a hearing of the proceedings of an application for an adoption order, address the court, and call examine and cross examine witnesses

section 115	

Table of Delegations

ADOPTION REGULATIONS 1993

Care and Protection Services

A
B
C
D
E
F	Subject: 

Powers and/or functions: 

Reference:	Primary and Secondary Witness

A primary witness, social worker, approved by the Director-General

section 7,(2)(iv)	

	Subject: 

Power and/or function: 

Reference:	Alteration to objects, structure or trusts of private adoption agency

Receive information from the principal officer of a private adoption agency in compliance with this section

section 15	

	Subject: 

Power and/or function: 

Reference:	Principal Officer

Approve in writing the tertiary qualifications 
of the principal officer of a private adoption agency

section 16(a)