Adoption (Amendment) Regulations 2001

i Adoption (Amendment) Regulations 2001 S.R. No. 116/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment of heading to Part 2 2 6. New Divisions 2A and 2B of Part 2 inserted 2 Division 2A—Accredited Bodies for Hague Convention Adoptions 2 10A. Application for accreditation 2 10B. Additional criteria for accreditation 3 10C. Code of conduct for accredited bodies and staff 4 Division 2B—Prescribed Overseas Jurisdictions 4 10D. Overseas jurisdiction 4 7. Part 3 revoked 4 8. Requirements to be satisfied by applicants for adoption 4 9. New Division 1A of Part 6 inserted 4 Division 1A—Approval of Persons to Adopt Children 5 35A. Application for approval as a fit and proper person 5 35B. Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child 5 10. Amendment to Schedule 2 5 11. Schedule 3 substituted 6 12. New Schedule 3A inserted 9 13. Amendments to Schedule 4 11 14. Amendment to Schedule 5 11 15. Updating references to Director-General 11 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 STATUTORY RULES 2001 S.R. No. 116/2001 Adoption Act 1984 Adoption (Amendment) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 30 October 2001 Responsible Minister: CHRISTINE CAMPBELL Minister for Community Services HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Adoption Regulations 1998 to— (a) update the list of prescribed persons or organisations in places outside Australia for adoption of children in Victoria; (b) prescribe requirements in relation to accredited bodies; (c) prescribe an overseas jurisdiction for the purposes of Part IVB of the Adoption Act 1984; (d) prescribe matters to be included in applications for approval as fit and proper persons to adopt children; (e) update references to the Director-General. -- 2 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 2 2. Authorising provision These Regulations are made under section 130 of the Adoption Act 1984. 3. Commencement These Regulations come into operation on 1 January 2002. 4. Principal Regulations In these Regulations, the Adoption Regulations 19981 are called the Principal Regulations. 5. Amendment of heading to Part 2 In the heading to Part 2 of the Principal Regulations, after "AGENCIES" insert ", ACCREDITED BODIES, OVERSEAS JURISDICTIONS". 6. New Divisions 2A and 2B of Part 2 inserted In Part 2 of the Principal Regulations, after Division 2 insert— "Division 2A—Accredited Bodies for Hague Convention Adoptions 10A. Application for accreditation For the purposes of section 69N(2)(a) of the Act, the prescribed information is— (a) the name and address of the approved agency or, if not yet approved, the name of the organisation and location of the proposed agency for which approval has been sought; (b) a written statement to the effect that the agency has accommodation available for its use and that the accommodation does not form part of, and is not adjacent to, accommodation that is used r. 2 -- 3 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 3 by an aid organisation or an organisation that represents adoptive parents; (c) a written statement to the effect that the agency is not associated with the collection and disbursement of aid to an overseas country. 10B. Additional criteria for accreditation For the purposes of section 69O(1)(b)(ii) of the Act, the prescribed criteria are— (a) the body must be an incorporated non profit body; (b) the body must not be a party to negotiations or an agreement for the establishment of adoption arrangements with overseas countries; (c) the body must have a principal officer who has social science qualifications and experience in adoption, substitute care or family services to supervise the adoption arrangements undertaken by the body; (d) the body must be financially viable; (e) the body must have accommodation available for its use that— (i) is suitable for the conduct of assessment, interviews, training and support for adoption arrangements; (ii) does not form part of, and is not adjacent to, accommodation that is r. 6 -- 4 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 4 used by an aid organisation or an organisation that represents adoptive parents; (f) the body must not be associated with the collection and disbursement of aid to an overseas country; (g) the body must have suitable facilities for the confidential storage of records. 10C. Code of conduct for accredited bodies and staff For the purposes of section 69O(2)(c) of the Act, the prescribed code of conduct is the code of conduct for accredited bodies and their staff set out in Schedule 3A. Division 2B—Prescribed Overseas Jurisdictions 10D. Overseas jurisdiction The People's Republic of China is prescribed as an overseas jurisdiction for the purposes of Part IVB of the Act.". 7. Part 3 revoked Part 3 of the Principal Regulations is revoked. 8. Requirements to be satisfied by applicants for adoption In regulation 35(b) of the Principal Regulations, for "suitable" substitute "a fit and proper person". 9. New Division 1A of Part 6 inserted r. 7 -- 5 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 5 In Part 6 of the Principal Regulations, after Division 1 insert— "Division 1A—Approval of Persons to Adopt Children 35A. Application for approval as a fit and proper person For the purposes of section 13(2) of the Act, an application for approval as a fit and proper person to adopt a child must— (a) be in writing; (b) be lodged with the Secretary or the principal officer of an approved agency; (c) contain the information set out in Schedule 4; (d) be accompanied by a completed statement of personal details specified in Schedule 5. 35B. Requirements to be satisfied by applicants for approval as fit and proper persons to adopt a child For the purposes of section 13(3) of the Act, the prescribed requirements are the same requirements as those prescribed by regulation 35.". 10. Amendment to Schedule 2 In Schedule 2 to the Principal Regulations, for "Office facilities including the availability of confidential interviewing rooms" substitute "Accommodation, including rooms suitable for the conduct of assessment, interviews, training and support for adoption arrangements.". r. 9 -- 6 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 6 11. Schedule 3 substituted For Schedule 3 to the Principal Regulations substitute— "SCHEDULE 3 Adoption Regulations 1998 Regulation 8 PRESCRIBED PERSONS OR ORGANISATIONS FOR INTERCOUNTRY ADOPTION ARRANGEMENTS COUNTRY ORGANISATION ETHIOPIA Secretary Adoption Committee Children & Youth and Family Department PO Box 2056 Addis Ababa ETHIOPIA FIJI Director Department of Social Welfare PO Box 2127 Government Buildings Suva FIJI GUATEMALA Director Rafael Ayau Hogar 16 Calle 3–16 Zona 1 Guatemala City GUATEMALA Director "Vida Nueva" 1a Avenida A 2-44 Zona 2 El Sauce Guatemala City GUATEMALA COUNTRY ORGANISATION r. 11 -- 7 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 7 HONG KONG Director International Social Service 313–315 Flinders Lane MELBOURNE VIC 3000 Executive Director International Social Service Hong Kong Branch 6/F Southern Centre 130 Hennessy Road Wanchai HONG KONG INDIA Principal Officer St Michael's Home No 80 Feet Road (Old Madras Road) India Nagar Bangalore 560038 INDIA Principal Officer Indian Society for Sponsorship and Adoption 1 Palace Court 1 Kyd Street Calcutta 700016 INDIA Principal Officer Basundhara Cuttack 753008 Orissa INDIA Principal Officer Missionaries of Charity Nirmala Shishu Bhavan 12 Commissionaire Lane Delhi 1110054 INDIA COUNTRY ORGANISATION r. 11 -- 8 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 8 Principal Officer Missionaries of Charity Nirmala Shishu Bhavan Near St Francis Xavier Road Vile Parle West Mumbai 400056 INDIA Director Holy Cross Social Service Centre 34, Dr Mukherjee Nagar (West) Delhi 110009 INDIA Secretary Central Adoption Resources Agency (CARA) Ministry of Welfare West Block 8, Wing 2 2nd Floor, R.k. Param New Delhi 110066 INDIA Principal Officer Guild of Services Adoption Centre Seva Samajam Balika Nilayam 10-3 – 561/3, Vijayanagar Colony Hyderabad 500457 INDIA Principal Officer Institution Shri Shradhanand Anathalaya 123 Shradhanand Peth Nagpur 440022 INDIA Principal Officer Bharatiya Samaj Seva Kenora (BSSK) No. 5 Koregaon Atur Park Pune 411001 INDIA COUNTRY ORGANISATION KOREA Executive Director r. 11 -- 9 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 9 Eastern Social Welfare Society PO Box 241 Sodaemun Seoul KOREA TAIWAN Executive Director Christian Salvation Service 432 Keelung Road SEC1, Suite 704 Taipei TAIWAN THAILAND Director Child Adoption Centre Department of Public Welfare Rajvithi Road, Payathai Bangkok 10400 THAILAND" 12. New Schedule 3A inserted After Schedule 3 to the Principal Regulations insert— "SCHEDULE 3A Regulation 10C CODE OF CONDUCT FOR ACCREDITED BODIES AND THEIR STAFF Conflict of interest 1. A member of staff of an accredited body must not hold any financial or other interest, and must not give an undertaking, that could directly or indirectly compromise the performance of his or her functions. Conflict of interest must be assessed by taking into account, amongst other things, the likelihood that a member of staff possessing a particular interest could be influenced, or might appear to be influenced, in the performance of his or her responsibilities on a particular matter. A member of staff must notify the State Central Authority if a potential or actual conflict of interest arises. Acceptance of gifts or benefits r. 12 -- 10 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 10 2. An accredited body or member of staff must not accept a gift, donation or benefit if it could be seen by a client as intended or likely to cause the member to undertake his or her responsibilities in a particular way, or deviate from the proper course of action. Personal and professional behaviour 3. A member of staff of an accredited body must perform any duties associated with his or her position diligently, impartially and conscientiously, to the best of his or her ability. 4. In the performance of duties, a member of staff of an accredited body must— (a) keep up to date with any changes in practice or procedure relating to intercountry adoption; (b) maintain and preserve record information systems in accordance with the requirements of the State Central Authority; (c) treat all clients with courtesy, sensitivity and in confidence; (d) not take any improper advantage of any information gained in the carrying out of his or her duties; (e) report to the State Central Authority any unethical behaviour or wrongdoing by other members of staff or which he or she is aware. Fairness and equity 5. The manner in which an accredited body deals with issues or clients must be consistent, prompt and fair. This includes— (a) dealing with matters in accordance with accepted procedures; (b) dealing with matters without discrimination on any grounds; (c) providing appropriate review and appeal mechanisms. 6. If an accredited body proposes to exercise a discretionary power in relation to a particular case, the body must ensure that all relevant considerations are taken into account in regard to the particular merits of the case. Public comment and the use of information r. 12 -- 11 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 11 7. While staff members of an accredited body have the right to make public comment and to enter into public debate on political and social issues, they must refrain from public comment where that comment is sufficiently strong to undermine the accredited body, the State Central Authority or the Commonwealth Central Authority. 8. An accredited body or a staff member of an accredited body must not disclose official information or documents acquired in the course of carrying out its, or his or her, functions as an accredited body or staff member unless approved by the State Central Authority.". 13. Amendments to Schedule 4 In Schedule 4 to the Principal Regulations— (a) for "Regulation 13" substitute "Regulation 35A"; (b) for "suitable" substitute "fit and proper persons". 14. Amendment to Schedule 5 In Schedule 5 to the Principal Regulations— (a) for "Regulation 13" substitute "Regulation 35A"; (b) in the heading, for "A PERSON SUITABLE" substitute "A FIT AND PROPER PERSON". 15. Updating references to Director-General In the Principal Regulations, the regulation or Schedule referred to in column 2 of an item listed in column 1 of the Table is amended to the extent set out in column 3 of the item. TABLE Column 1 Column 2 Column 3 Item No. Regulation or Schedule No. Extent of amendments 1 regulation 6 for "Director-General" r. 13 r. 15 -- 12 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 12 substitute "Secretary" 2 regulation 9 for "Director-General" (where twice occurring) substitute "Secretary" 3 regulation 10 for "Director-General" (wherever occurring) substitute "Secretary" 4 regulation 11 for "Director-General" (wherever occurring) substitute "Secretary" 5 regulation 16 for "Director-General" substitute "Secretary" 6 regulation 18 for "Director-General" (wherever occurring) substitute "Secretary" 7 regulation 19 for "Director-General" (wherever occurring) substitute "Secretary" 8 regulation 22(1) for "Director-General" substitute "Secretary" 9 regulation 25 for "Director-General" substitute "Secretary" 10 regulation 26 for "Director-General" substitute "Secretary" 11 regulation 28 for "Director-General" substitute "Secretary" 12 regulation 31 for "Director-General" substitute "Secretary" Column 1 Column 2 Column 3 Item No. Regulation or Schedule No. Extent of amendments 13 regulation 34 for "Director-General" (wherever occurring) substitute "Secretary" -- 13 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 13 14 regulation 36(2)(b)(vi) for "Director-General" substitute "Secretary" 15 regulation 37 for "Director-General" substitute "Secretary" 16 regulation 39(2) for "Director-General" substitute "Secretary" 17 regulation 40 for "Director-General" (where twice occurring) substitute "Secretary" 18 regulation 43 for "Director-General" substitute "Secretary" 19 Schedule 7 Form 1 for "Director-General" substitute "Secretary" 20 Schedule 7 Form 2 for "Director-General" (wherever occurring) substitute "Secretary" 21 Schedule 8 for "Director-General" (wherever occurring) substitute "Secretary" 22 Schedule 9 Form 1 for "Director-General" (where twice occurring) substitute "Secretary" 23 Schedule 9 Form 2 for "Director-General" substitute "Secretary" 24 Schedule 9 Form 3 for "Director-General" substitute "Secretary" 25 Schedule 9 Form 4 for "Director-General" (wherever occurring) substitute "Secretary" Column 1 Column 2 Column 3 Item No. Regulation or Schedule No. Extent of amendments 26 Schedule 10 Person A for "Director-General" (where twice occurring) substitute "Secretary" 27 Schedule 10 for "Director-General" (where r. 15 -- 14 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 14 Person B twice occurring) substitute "Secretary" 28 Schedule 12 for "Director-General" (where twice occurring) substitute "Secretary" 29 Schedule 14 for "Director-General of the Department of Community Services" substitute "Secretary" 30 Schedule 19 (a) for "Director-General" (wherever occurring) substitute "Secretary" (b) for "DIRECTOR- GENERAL" (where twice occurring) substitute "SECRETARY" (c) omit "of Community Services" (where twice occurring) 31 Schedule 20 (a) for "Director-General" (wherever occurring) substitute "Secretary" (b) for "DIRECTOR- GENERAL" substitute "SECRETARY" (c) omit "of Community Services" (where twice occurring) 32 Schedule 22 for "Director-General" substitute "Secretary". ═══════════════ r. 15 -- 15 of 16 -- S.R. No. 116/2001 Adoption (Amendment) Regulations 2001 15 ENDNOTES 1 Reg. 4: S.R. No. 13/1998 as amended by S.R. No. 32/1999. Endnotes -- 16 of 16 --