Adoption Regulation 2020
View - Queensland Legislation - Queensland Government
Skip to main content
Site header
Glossary -->
About
Site map
Related links
Contact us
Help
Search
Toggle navigation
Site navigation
Home
In force legislation
Acts as passed
SL as made
Bills
Repealed legislation
Legislative tables
Notifications
Information
Historical information
Search
Feedback
Glossary -->
About
Site map
Related links
Contact us
Help
Table Of Contents
Toggle navigation
View whole SL
Authorising Act
Turn history notes on
Legislative history
Search SL
PDF
A
Results:
match 0 of 0 provisions
Previous Hit
Next Hit
Return to search results
0 hits in page:
First
Last
Adoption Regulation 2020
Adoption Regulation 2020
Part 1
Preliminary
1 Short title
This regulation may be cited as the
Adoption Regulation 2020 .
Part 2
Requirements about consent to adoption
2 Requirement for sighting documents relating to proof of parent’s identity— Act , s 18
For section 18(2)(c) of the Act , the documents prescribed are the relevant identity documents under section 9 for the parent.
Part 3
Making expressions of interest
3 Other requirements for expressing an interest— Act , s 71
For section 71(1) of the Act , this part states the requirements with which a person must comply when expressing an interest under part 4 , division 2 of the Act .
4 Requirement to demonstrate ability to provide personal care
(1) The person must demonstrate the person is aware it is ordinarily in a child’s best interests to receive full-time care— (a) provided personally by— (i) the person with whom the child is placed; or
(ii) if the child is placed with a person and the person’s spouse—the person or spouse; and
(b) for at least 1 year after the child is placed in the care of a person mentioned in paragraph (a).
(2) The person must give the chief executive details of the person’s proposed, or expected, arrangements for the care of a child for at least the first year of the child’s placement with the person.
5 Requirement to demonstrate financial capacity for intercountry adoption process
(1) This section applies if the person expresses an interest relating to an intercountry adoption.
(2) The person must demonstrate the person has the financial capacity to meet the full cost of completing the adoption process within 3 years after the day the expression of interest is made.
(3) For subsection (2), the full cost of completing the adoption process may include the following— (a) fees as prescribed in schedule 2 ;
(b) fees payable in another country to an entity associated with the adoption;
(c) fees payable in relation to a child’s migration to Australia;
(d) costs related to the translation of documents;
(e) costs of having documents notarised and couriered between countries;
(f) costs of travel to, and accommodation in, another country to take custody of a child.
(4) If the person makes the expression of interest jointly with the person’s spouse, the person and the spouse may demonstrate joint financial capacity for subsection (2).
Part 4
Assessment of prospective adoptive parents
6 Other matters for deciding suitability of step-parent— Act , s 133
(1) This section applies in relation to an assessment, under part 6 of the Act , of a person (a
step-parent ) who applies to arrange an adoption of a child of the person’s spouse after a parent of the child dies.
(2) For section 133 of the Act , the other matters prescribed are— (a) if the family of the deceased parent can be located at the time of the proposed adoption—the family’s views about the adoption; and
(b) the step-parent’s attitudes to, and understanding of, the significance to the child of— (i) the deceased parent; and
(ii) the deceased parent’s family; and
(iii) maintaining a relationship with the deceased parent’s family.
Part 5
Access to adoption information
7 Documents to be produced for making request for information— Act , s 254
For section 254 (1)(b) of the Act , the documents prescribed are the relevant identity documents under section 10 for the person.
8 Documents to be produced for notice of intention to take part in mailbox service— Act , s 283
For section 283 (1)(b) of the Act , the documents prescribed are the relevant identity documents under section 10 for the person.
Part 6
Relevant identity documents
9 What are
relevant identity documents for parents
(1) The
relevant identity documents , for the witnessing of a parent’s consent under section 18 of the Act , are— (a) 2 documents that are either— (i) a document mentioned in schedule 1 ; or
(ii) another document the witness considers provides sufficient evidence of the parent’s proof of identity; and
(b) if the parent’s full name appearing on either of the 2 documents is different from the parent’s current name—a document the witness considers provides sufficient evidence of the parent’s change of name.
Examples of a document for paragraph (b)—
a marriage certificate, deed poll or change of name certificate
(2) However, the documents are relevant identity documents only if they comply with the requirements under section 11 .
10 What are
relevant identity documents for particular persons
(1) The
relevant identity documents , for a person making a request under section 254 of the Act or giving a notice under section 283 of the Act , are— (a) 2 documents that are either— (i) a document mentioned in schedule 1 ; or
(ii) another document the chief executive considers provides sufficient evidence of the person’s identity; and
(b) if the person’s full name appearing on either of the 2 documents is different from the person’s current name—a document the chief executive considers provides sufficient evidence of the person’s change of name.
Examples of a document for paragraph (b)—
a marriage certificate, deed poll or change of name certificate
(2) However, the documents are relevant identity documents only if they comply with the requirements under section 11 .
11 Requirements for relevant identity documents
(1) For sections 9 (2) and 10 (2), the requirements are as follows— (a) each document must be an original document or a certified copy of an original document;
(b) each document must be— (i) written in English; or
(ii) accompanied by a certified translation of the original document;
(c) the documents must, between them, contain information sufficient to determine the person’s current full name, date of birth and signature.
(2) In this section—
certified copy , of an original document, means a copy of the document certified by a qualified witness as being a true copy of the original document.
certified translation , of a document written in a language other than English, means a translation of the document into English by a translator whose certification states—
(a) that the translation is correct; and
(b) the following details for the translator— (i) the translator’s full name and address;
(ii) the translator’s accreditation or qualifications for making the translation.
qualified witness
means any of the following persons—
(a) an authorised person within the meaning of section 18 of the Act ;
(b) a commissioner for declarations;
(c) a justice of the peace;
(d) a lawyer or notary public;
(e) a medical practitioner;
(f) a police officer;
(g) a public service employee employed in the department.
Part 7
Fees
12 Fees
The fees payable under the Act are stated in schedule 2 .
13 Joint assessment of couples
For the purpose of paying a fee prescribed in schedule 2 , item 2, a couple is to be charged as a single person and not as 2 persons.
Part 8
Miscellaneous
14 Entitlement to authorisation to obtain certificate, information or source document— Act , s 290
(1) For section 290(1)(c) of the Act , the following persons are prescribed— (a) if a guardian has been appointed for a relevant person—the guardian;
(b) if an administrator has been appointed under the
Guardianship and Administration Act 2000 , section 14 for a relevant person—the administrator;
(c) if a relevant person has died and a personal representative has been appointed for the relevant person’s estate—the personal representative.
(2) In this section—
relevant person
means a person mentioned in section 290(1)(a) or (b) of the Act .
15 Other matter for evidentiary certificate— Act , s 312
For section 312(3)(i) of the Act , the matter prescribed is that the chief executive placed a stated child in the custody of stated prospective adoptive parents on a stated day.
Part 9
Repeal and transitional provision
16 Repeal
The
Adoption Regulation 2009 , SL No. 303 is repealed.
17 References to repealed regulation
A reference in a document to the repealed
Adoption Regulation 2009
may, if the context permits, be taken to be a reference to this regulation.
Schedule 1
Relevant identity documents
sections 9 (1)(a)(i) and 10 (1)(a)(i)
1 a birth certificate
2 a citizenship certificate
3 an Australian passport that is current or has been expired for less than 2 years
4 a current overseas passport
5 a current driver licence containing the person’s photograph
6 a current photo identification card under the
Photo Identification Card Act 2008
(including a current adult proof of age card that continues in force under that Act as a photo identification card) or a corresponding card under the law of another jurisdiction
7 a current document evidencing the person’s residency or visa status
8 a current Medicare card, pensioner concession card, health care card or another identification card issued by the Australian government as evidence of a person’s entitlement to a benefit
9 a current working with children clearance issued under the
Working with Children (Risk Management and Screening) Act 2000
10 a current credit card, debit card or other account card from a financial institution that includes an embossed name and signature
11 a passbook or statement of account from a financial institution that is not more than 1 year old
12 a telephone, gas or electricity account that is not more than 1 year old
13 a rates notice from a local government that is not more than 1 year old
14 a current student identity card containing the person’s photograph or signature issued by a school or another educational institution
15 a Queensland Government employee identity card containing the person’s photograph
16 an Australian State police officer, Federal police officer or Australian Defence Force identity card containing the person’s photograph
17 a current licence under the
Security Providers Act 1993
to carry out the functions of a crowd controller, private investigator or security officer
18 a current licence issued under the
Weapons Act 1990
sch 1 amd 2024 Act No. 50
s 140
sch 1
Schedule 2
Fees
section 12
Fee units
1
Fee for an application under section 92 of the Act (Act, s 93(c))
88.90
2
Fee for an assessment under part 6 of the Act , other than a reassessment under part 6 , division 8 of the Act (Act, s 112)—
(a) for an assessment requiring a decision under section 105 of the Act —
(i) for a person being, or to be, assessed for suitability to be an adoptive parent according to the likely need for local adoptions
722.00
(ii) for a person being, or to be, assessed for suitability to be an adoptive parent according to the likely need for intercountry adoptions
5,186.05
(b) for an assessment requiring a decision under section 106 of the Act
nil
(c) for an assessment requiring a decision under section 107 of the Act
666.80
3
Fee for supervision of a child (Act, s 198(3) or 298(3))
2,222.65
sch 2 sub 2021 SL No. 74 s 4; 2022 SL No. 62
s 3
from top.html -->
Site footer
Copyright
Disclaimer
Privacy
Right to information
-->
Accessibility
Jobs in Queensland Government
Other languages
© The State of Queensland (Office of the Queensland Parliamentary Counsel) 2014-2026 (Ver. 2.7.30-7865 Rev. )
Queensland Government
-->