Queensland: Adoption Act 2009 (Qld)

Adoption Act 2009 An Act to make provision about the adoption of children Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Adoption Act 2009. 2 Commencement This Act, other than part 17, division 1, commences on a day to be fixed by proclamation. 3 Dictionary The dictionary in schedule 3 defines particular words used in this Act. Division 2 Application, object and guiding principles 4 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. 5 Main object of Act The main object of this Act is to provide for the adoption of children in Queensland, and for access to information about parties to adoptions in Queensland, in a way that— (a) promotes the wellbeing and best interests of adopted persons throughout their lives; and (b) supports efficient and accountable practice in the delivery of adoption services; and (c) complies with Australia's obligations under the Hague convention. 6 Guiding principles (1) This Act is to be administered under the principle that the wellbeing and best interests of an adopted child, both through childhood and the rest of his or her life, are paramount. (2) Subject to subsection (1), this Act is to be administered under the following principles— (a) the purpose of an adoption is to provide for a child's long-term care, wellbeing and development by creating a permanent parent-child relationship between the child and the adoptive parents; (b) adoption is an appropriate long-term care option for a child if— (i) the child's parents choose adoption for the child's long-term care; or (ii) the child does not have a parent who is willing and able to protect the child from harm and meet the child's need for long-term stable care; (c) each of the parties to an adoption or proposed adoption should be given the information the party reasonably needs to participate effectively in processes under this Act; (d) a child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child's age and ability to understand; (e) the process for a child's adoption should include considering the views of— (i) the child's parents; and (ii) the child, if the child is able to form and express views about the adoption, having regard to the child's age and ability to understand; (f) an adopted child of a particular ethnic or other cultural background should have— (i) access to information about the child's ethnic or cultural heritage; and (ii) opportunities to develop and maintain a connection with the child's ethnicity or culture; and (iii) opportunities to maintain contact with the child's community or language group; (g) a child's adoptive parents have the primary responsibility for the child's upbringing, protection and development; (h) an adopted child should be cared for in a way that— (i) ensures a safe, stable and nurturing family and home life; and (ii) promotes openness and honesty about the child's adoption; and (iii) promotes the development of the child's emotional, mental, physical and social wellbeing; (i) the same protection, support and resources should be available to an adopted person regardless of whether the adoption was a local adoption, intercountry adoption or adoption by a step-parent; (j) although a final adoption order changes legal relationships, it may be in an adopted child's best interests for— (i) the child's emotional connections with members of the child's birth family to continue; or (ii) the child to have ongoing contact with members of the child's birth family; or (iii) the child or the child's adoptive parents to exchange information with members of the child's birth family. 7 Additional principles concerning Aboriginal and Torres Strait Islander persons (1) This Act is also to be administered under the following principles— (a) because adoption (as provided for in this Act) is not part of Aboriginal tradition or Island custom, adoption of an Aboriginal or Torres Strait Islander child should be considered as a way of meeting the child's need for long-term stable care only if there is no better available option; Note— The Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 provides for the legal recognition of Torres Strait Islander traditional child rearing practice where parental responsibility for a child is permanently transferred from the child's birth parents to the child's cultural parents. (b) it is in the best interests of an Aboriginal or Torres Strait Islander child— (i) to be cared for within an Aboriginal or Torres Strait Islander community; and (ii) to maintain contact with the child's community or language group; and (iii) to develop and maintain a connection with the child's Aboriginal tradition or Island custom; and (iv) for the child's sense of Aboriginal or Torres Strait Islander identity to be preserved and enhanced. (2) If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to the views, about the child and about Aboriginal tradition or Island custom relating to the child, of an appropriate Aboriginal or Torres Strait Islander person. (3) As far as is reasonably practicable, the chief executive and other officers of the department must try to conduct consultations, counselling, negotiations and other proceedings involving an Aboriginal person or Torres Strait Islander in a way and in a place that is appropriate to Aboriginal tradition or Island custom. 8 Act applies despite Anti-Discrimination Act 1991 (1) Despite the Anti-Discrimination Act 1991, a person may make a decision or do another act that is necessary to comply with, or is specifically authorised by, this Act. (2) Without limiting subsection (1), a person may make a decision or do another act under this Act to comply with the main guiding principle under section 6(1). 9 References to child's wellbeing or best interests Unless a contrary intention appears, a reference in this Act to a child's wellbeing or best interests is a reference to the child's wellbeing or best interests through both childhood and the rest of his or her life. 9A References to person's spouse if living separately and apart For this Act, if a person and the person's spouse have separated and are living separately and apart, the spouse is taken not to be the person's spouse. Division 3 Adoptions under this Act 10 Who may be adopted (1) A child may be adopted by an order of the Childrens Court under this Act. (2) A child may be adopted whether or not the child has been previously adopted. (3) An adult may not be adopted. 11 Rules of private international law not relevant The power to make an adoption order under this Act does not depend on any fact or circumstance not expressly stated in this Act. Division 4 Custody and guardianship 12 What is the effect of custody For this Act, a person who has custody of a child has— (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care. 13 What is the effect of guardianship For this Act, a person who has guardianship of a child has— (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care; and (c) all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, wellbeing and development of the child. Part 2 Consent to adoption and related matters Division 1 Preliminary 14 Non-application to intercountry adoptions This part applies to the proposed adoption of a child other than by an intercountry adoption. 15 References to parent in pt 2 A reference in this part, other than division 6, to a parent of the child does not include a person if, under section 39, a court has dispensed with the need for the person's consent to the child's adoption. 16 Requirement for consent Section 175 states the requirement for the child's parents to consent under this part to the adoption before the Childrens Court may make an adoption order. 17 References to consent (1) In this part— consent means consent freely and voluntarily given by a person with capacity to give the consent. (2) A reference in this part to consent to an adoption is a reference to— (a) for an adoption of a step-child under part 9, division 4— (i) consent to the child's adoption by the proposed adoptive parent; or (ii) consent to the child's adoption generally; or (b) otherwise, consent to the child's adoption generally. Division 2 Requirements about consent 18 Form of consent (1) A parent's consent to the child's adoption must be in the approved form, signed by the parent and witnessed by an authorised person. (2) The approved form must include provision for— (a) information to identify the child; and (b) information to identify the parent; and (c) a signed statement by the witness that the witness has sighted the documents, relating to proof of the parent's identity, prescribed under a regulation. (3) The approved form may also include provision for other matters relevant to the child's adoption that may be, but are not required to be, completed. Example of other matters— details of another parent of the child to the extent the details are known by the parent giving the consent (4) A single document must not contain— (a) consent to the adoption of more than 1 child; or (b) more than 1 parent's consent to the adoption of the child. (5) In this section— authorised person means a public service employee, or other appropriate person in Queensland or elsewhere, authorised by the chief executive to witness a consent for this Act. 19 Time of consent A parent's consent to the child's adoption may not be given before the latest of the following days— (a) the day that is 30 days after the child's birth; (b) the day that is 14 days after the parent is given the documents under section 22; (c) the day that is 14 days after the parent is given the prescribed information under section 23; (d) the day that is 14 days after the last day the parent receives counselling under section 24; (e) the day the counsellor swears the statement mentioned in section 175(3)(b). 20 Revocation of consent A parent may revoke the parent's consent to the child's adoption only by giving a signed notice to the chief executive within 30 days after the consent is given. Division 3 Giving forms, information and counselling to parents 21 Obligation to enable understanding The chief executive must ensure information is given to each of the child's parents under this division, and counselling of the parent is carried out under this division, in a way that enables the parent to understand. 22 Parents to be given consent documents The chief executive must give to each of the child's parents— (a) a document showing the contents of the approved form for section 18; and (b) a document that the parent may use to revoke consent given by the parent to the child's adoption. 23 Parents to be given prescribed information (1) The chief executive must give each of the child's parents a document containing information about the following matters (the prescribed information)— (a) options other than adoption for the child's long-term care; (b) support (financial and otherwise) that may be available to the parent whether or not adoption of the child proceeds; (c) possible psychological effects for the parent, both short and long-term, of consenting to the adoption; (d) possible psychological effects for the child, both short and long-term, of being adopted; (e) how and when the parent's consent to the adoption may be revoked; (f) how the parent may give the chief executive the parent's preferences relating to the child's adoption including, for example, preferences about— (i) the child's religious upbringing; or (ii) the characteristics of the child's adoptive parents and adoptive family; or (iii) the degree of openness in the adoption; (g) the adoption process under this Act, including— (i) the consents required for an adoption; and (ii) the process for recruiting, assessing and selecting prospective adoptive parents; and (iii) the chief executive's functions and powers relating to the child's adoption; and (iv) the role of the Childrens Court; (h) the legal effect of adoption; (i) the rights and responsibilities of the parties to an adoption, including those relating to— (i) adoption plans; and (ii) access to information about, and contact with, other parties to an adoption throughout the life of the adopted person; (j) the requirement for pre-consent counselling and how it will be arranged; (k) if the child to be adopted is an Aboriginal person or Torres Strait Islander— (i) options other than adoption for the child's long-term care in accordance with Aboriginal tradition or Island custom; and (ii) the importance of the child being cared for in a way that— (A) helps the child to develop and maintain a connection with the child's Aboriginal tradition or Island custom; and (B) preserves and enhances the child's sense of Aboriginal or Torres Strait Islander identity. (2) The chief executive must arrange for the prescribed information to be explained to the parent. 24 Parents to be given pre-consent counselling (1) The chief executive must arrange for each of the child's parents to receive counselling about the prescribed information under section 23. (2) The counselling must be carried out by a counsellor nominated by the chief executive. (3) The nominated counsellor may be an officer of the department. (4) However, if the nominated counsellor is an officer of the department, the chief executive must— (a) advise the parent that the parent may ask for further counselling by someone who is not an officer of the department; and (b) if the parent makes a request under paragraph (a), nominate another counsellor who is not an officer of the department to carry out the further counselling. (5) The counselling must be carried out in a way that allows the parent to ask questions and discuss the prescribed information and matters arising from the information. (6) If the counsellor reasonably suspects the parent does not have capacity to consent to the adoption, the counsellor must notify the chief executive. (7) The counsellor may offer to meet with other persons. Example— The counsellor may offer to meet other family members to help the parent to consider other options for the child's long-term care. (8) The counselling may be carried out in 1 or more sessions and by 1 or more counsellors. (9) In this section— counsellor means a person who the chief executive is satisfied has appropriate qualifications or experience to carry out counselling under this section. 25 Pre-consent information and counselling for Aboriginal or Torres Strait Islander child (1) This section applies if the child to be adopted is an Aboriginal person or Torres Strait Islander. (2) The counselling under section 24 must be carried out in a way and at a place that is appropriate to Aboriginal tradition or Island custom. (3) The person who explains the prescribed information mentioned in section 23(1)(k)— (a) need not be a counsellor under section 24; but (b) must be an appropriate Aboriginal or Torres Strait Islander person. (4) This section does not apply to the counselling of a parent to the extent the parent, by giving the chief executive a signed notice in the approved form, declines to receive counselling in a way, or by a person, required by this section. (5) The approved form for subsection (4) must state— (a) that the chief executive has offered the parent counselling under this section; and (b) the extent to which the counselling is declined; and (c) that the chief executive has given the parent a document containing the information mentioned in subsection (3). 26 Parents' access to legal advice The chief executive must ensure each of the child's parents is told that the parent may wish to seek legal advice and is given the details of at least 1 entity that generally provides free legal services. Division 4 Ensuring parents have capacity to consent 27 Meaning of qualified person for div 4 In this division— qualified person means a person who, if called as a witness in a proceeding, would be qualified to give expert evidence on the issue whether a parent has capacity to give consent to an adoption of the child. 28 Assessing whether a non-adult parent has capacity to consent (1) This section applies if a parent of the child is not an adult. (2) Before the parent may consent to the adoption, the chief executive must have a qualified person assess whether the parent has capacity to give the consent. (3) The qualified person must not be the same person who counsels the parent under section 24. 29 Declaration of QCAT whether an adult parent has capacity to consent (1) This section applies to an adult parent of the child if— (a) a counsellor under section 24 notifies the chief executive that the counsellor reasonably suspects the parent does not have capacity to consent to the adoption; or (b) the chief executive otherwise knows or reasonably suspects the parent does not have capacity to consent to the adoption. (2) Before the parent may consent to the adoption, the chief executive must apply to QCAT for a declaration about the parent's capacity to give the consent. Note— See the Guardianship and Administration Act 2000, section 146. (3) However, if the parent is not in Queensland at the time the parent's consent is proposed to be given, the chief executive must take the following steps instead of making an application under subsection (2)— (a) if it is possible for the chief executive to make an application, equivalent to an application mentioned in subsection (2), in the jurisdiction where the parent is, the chief executive must make that application; (b) otherwise, the chief executive must ensure a qualified person assesses whether the parent has capacity to give the consent. 30 Appointment of guardian for adult parent without capacity to consent (1) This section applies if— (a) QCAT makes a declaration that the parent does not have capacity to give the consent; and (b) the parent does not have a guardian under the Guardianship and Administration Act 2000 for the matter of dispensation. (2) Before the chief executive may make an application under division 6 for an order for dispensation, the chief executive must apply to QCAT for an order appointing a guardian for the matter of the dispensation. (3) In this section— dispensation means dispensation with the need for the parent's consent. Division 5 Identifying child's father and related matters 31 Application of div 5 This division applies in relation to the child if, so far as the chief executive is aware, every consent required for the child's adoption has been given other than the consent of the child's father. 32 Establishing father's identity and location If the chief executive does not know the identity and location of the child's father, the chief executive must take reasonable steps to establish those matters. 33 Giving notice to father or person suspected to be father (1) If the chief executive knows or reasonably suspects a person is the child's father, the chief executive must give him a notice stating— (a) the other consent or consents to the child's adoption have been given; and (b) how the person may— (i) give consent; or (ii) take steps to establish whether he is the child's father; or (iii) apply under the Family Law Act 1975 (Cwlth) for a parenting order for the child. (2) Subsection (1) does not apply if the chief executive is satisfied— (a) the person is a lineal relative of the child's mother; or (b) the child's conception was a result of an offence committed by the person; or (c) there would be an unacceptable risk of harm to the child or mother if the person were made aware of the child's birth or proposed adoption. 34 Chief executive may apply for declaration of paternity For the Status of Children Act 1978, section 10(1)(c), the chief executive is a person having a proper interest in the result of the question whether the relationship of father and child exists between the child and another person. Division 6 Dispensing with requirement for parent's consent 35 Application for dispensation (1) The chief executive, or a person who has made an application to the chief executive under part 5, may apply to the Childrens Court for an order dispensing with the need for the consent of a stated parent of the child (the relevant parent) to the child's adoption. (2) The application must state the grounds on which it is made. 36 Notice of application (1) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on the relevant parent and, if the applicant is not the chief executive, serve a copy on the chief executive. (2) A served copy must state where and when the application is to be heard. (3) A copy served on the relevant parent must also state that the application may be heard and decided even though the relevant parent does not appear in court. (4) The court may dispense with the requirement to serve a copy of the application on the relevant parent if the court is satisfied of any of the following matters— (a) the applicant can not establish the identity of the relevant parent after making all reasonable enquiries; (b) the applicant can not locate the relevant parent after making all reasonable enquiries; (c) the relevant parent is a lineal relative of the child's mother; (d) the child's conception was a result of an offence committed by the relevant parent; (e) there would be an unacceptable risk of harm to the child or mother if the relevant parent were made aware of the child's birth or proposed adoption; (f) there are other special circumstances for giving the dispensation. 37 Respondent (1) If the relevant parent is served with a copy of the application, the parent is a respondent in the proceeding. (2) If the chief executive is not the applicant, the chief executive may apply to the court to be included as a respondent in the proceeding. 38 Hearing of application in absence of relevant parent (1) The court may hear and decide the application in the absence of the relevant parent only if— (a) the relevant parent has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or (b) the court dispenses with the requirement to serve a copy of the application on the relevant parent under section 36(4). (2) Subsection (1) does not limit the court's jurisdiction to exclude a person from a proceeding. 39 Court may dispense with need for consent (1) The court may make an order dispensing with the need for the relevant parent's consent to the adoption if— (a) the court is satisfied of a matter stated in section 36(4)(a) to (e); or (b) QCAT has made a declaration that the relevant parent does not have capacity to give the consent; or (c) the relevant parent is not an adult and the court is satisfied, on the basis of an assessment mentioned in section 28, that the relevant parent does not have capacity to give the consent; or (d) the relevant parent is not in Queensland and the court is satisfied, on the basis of a declaration or assessment mentioned in section 29(3), that the relevant parent does not have capacity to give the consent; or (e) the court is satisfied the relevant parent— (i) is not, and will not be within a time frame appropriate to the child's age and circumstances, willing and able to protect the child from harm and meet the child's need for long-term stable care; and (ii) is unreasonably— (A) withholding consent to the adoption; or (B) refusing to engage with the chief executive in relation to the issue of whether to give consent to the adoption; or (f) the court is satisfied there are other special circumstances for giving the dispensation. (2) However, if the relevant parent is or is believed to be the child's father, the court may not give the dispensation— (a) within 30 days after notice is given to the relevant parent under section 33; or (b) if the court has reason to believe there is— (i) a current application under the Status of Children Act 1978, section 10, by the relevant parent or someone else, for a declaration of paternity for the child; or (ii) a current application under the Family Law Act 1975 (Cwlth) by the relevant parent for a parenting order for the child. (3) Also, the court must not give the dispensation unless satisfied it would be in the child's best interests for arrangements for the child's adoption to continue to be made. (4) Without limiting subsection (3)— (a) if the applicant is a person who has made an application under part 5, the court must be satisfied the grounds for making an adoption order in favour of the applicant are likely to exist; and (b) if the child is in the custody or guardianship of the chief executive (child safety) or someone else under the Child Protection Act 1999, the court must— (i) have regard to anything in a case plan in force for the child under chapter 2, part 3A of that Act about— (A) adoption as a way of meeting the child's need for long-term stable care; or (B) re-uniting the child with the child's family; and (ii) consider whether there is another way of meeting the child's need for long-term stable care that would better promote the child's wellbeing and best interests. (5) If the child has any views about the relevant parent and is able to express the views, having regard to the child's age and ability to understand, the court must consider the views. 40 Notice of court order (1) This section applies if— (a) the court makes an order dispensing with the need for the relevant parent's consent; and (b) the chief executive was not the applicant for the order. (2) The applicant must give the chief executive a copy of the order. 41 Discharge of dispensation order if relevant parent not served with application (1) This section applies if— (a) the court makes an order dispensing with the need for the relevant parent's consent (the dispensation order); and (b) a copy of the application for the dispensation order was not served on the relevant parent. (2) The relevant parent or the chief executive may apply to the court to discharge the dispensation order. (3) The applicant must serve a copy of the application on each party to the proceeding for the dispensation order. (4) The court may discharge the dispensation order if— (a) an adoption order for the child has not been made; and (b) the court is satisfied the ground on which the dispensation order was made under section 39(1) does not apply. (5) The discharge of the dispensation order does not affect a consent given by anyone else to the child's adoption unless the court decides otherwise. Division 7 Complying interstate consents 42 Consent given under a law of another State (1) A complying interstate consent has effect for this Act as if it were given under this part. (2) For subsection (1), a person's consent to the child's adoption is a complying interstate consent if an authorised officer for another State has given the chief executive— (a) a notice stating that the consent was given, by signed writing, under a law of the other State and has not been revoked under that law; and (b) a written authorisation to make arrangements for the adoption of the child in Queensland. (3) In this section— authorised officer, for another State, means an officer who, under the law of the State, is authorised to make arrangements for the adoption of children in the State. Division 8 Giving information, counselling and support to child 43 Application of div 8 This division applies if the child is able to form and express views about the adoption. 44 Child must be given information (1) The chief executive must ensure the child is given the prescribed information before an application for an adoption order for the child is made. (2) The information must be given in a way and to an extent that is reasonable, having regard to the child's age and ability to understand. (3) In this section— prescribed information means information about the following matters— (a) options other than adoption for the child's long-term care; (b) possible psychological effects for the child, both short and long-term, of being adopted; (c) how the child's parents may give the chief executive their preferences relating to the child's adoption including, for example, preferences about— (i) the child's religious upbringing; or (ii) the characteristics of the child's adoptive parents and adoptive family; or (iii) the degree of openness in the adoption; (d) the adoption process under this Act, including— (i) the consents required for an adoption; and (ii) the process for recruiting, assessing and selecting prospective adoptive parents; and (iii) the chief executive's functions and powers relating to the child's adoption; and (iv) the role of the Childrens Court; (e) support that may be available to the child under sections 47, 235 and 236; (f) the legal effect of adoption; (g) the rights and responsibilities of the parties to an adoption, including those relating to— (i) adoption plans; and (ii) access to information about, and contact with, other parties to an adoption throughout the life of the adopted person; (h) the requirement for counselling under section 45 and how it will be arranged; (i) if the child to be adopted is an Aboriginal person or Torres Strait Islander— (i) options other than adoption for the child's long-term care in accordance with Aboriginal tradition or Island custom; and (ii) the importance of the child being cared for in a way that— (A) helps the child to develop and maintain a connection with the child's Aboriginal tradition or Island custom; and (B) preserves and enhances the child's sense of Aboriginal or Torres Strait Islander identity; (j) the guiding principles that— (i) the child should be kept informed of matters affecting the child in a way and to an extent that is appropriate, having regard to the child's age and ability to understand; and (ii) the child's views must be given consideration, having regard to the child's age or ability to understand. 45 Child must be given counselling (1) The chief executive must ensure the child receives counselling about the proposed adoption, from a counsellor nominated by the chief executive, before an application for an adoption order for the child is made. (2) The counselling must be carried out in a way and to an extent that is reasonable, having regard to the child's age and ability to understand. (3) The counselling may be carried out in 1 or more sessions and by 1 or more counsellors. (4) In this section— counsellor means a person who the chief executive is satisfied has appropriate qualifications or experience to carry out counselling under this section. 46 Counselling for Aboriginal or Torres Strait Islander child (1) This section applies to the counselling under section 45 if the child is an Aboriginal person or Torres Strait Islander. (2) The counselling must be carried out in a way and at a place that is appropriate to Aboriginal tradition or Island custom. (3) A person who, as part of the counselling, explains the information under section 44(3), definition prescribed information, paragraph (i)— (a) need not be a counsellor under section 45; but (b) must be an appropriate Aboriginal or Torres Strait Islander person. (4) This section does not apply to the extent the child declines to receive counselling in a way, or by a person, required by this section. 47 Child may be given other support (1) The chief executive may appoint a qualified person to support the child during the adoption process. (2) In this section— qualified person means a social worker, lawyer or other person who the chief executive is satisfied has the necessary expertise or experience to give the relevant support and who is not an employee of the department. Part 3 Custody and guardianship of a child awaiting adoption Division 1 Custody of child under care agreement 48 References to parent in div 1 A reference in this division to a parent of a child does not include a person if, under section 39, a court has dispensed with the need for the person's consent to the child's adoption. 49 Meaning of care agreement In this division— care agreement means an agreement under this division between a child's parent and the chief executive (child safety) for the short-term placement of the child in care while consents for the child's adoption are obtained. 50 Entering into care agreements (1) This section applies if a parent of a child has asked the chief executive to arrange for the child's adoption or indicated to the chief executive that the parent is considering adoption for the child. (2) The chief executive (child safety) may enter into a care agreement with a parent who has custody of the child. (3) The agreement must be in the approved form, signed by the parties. (4) The child may also be a party to the agreement if the chief executive (child safety) considers it appropriate, having regard to the child's age and ability to understand. (5) The agreement must state— (a) arrangements for contact between the child and the parents; and (b) the type of decisions relating to the child for which the parents must be consulted. 51 Effect of care agreement (1) While a care agreement for a child is in force, the chief executive (child safety) has custody of the child and may place the child in care under the Child Protection Act 1999, chapter 2, part 6, division 4. (2) The Child Protection Act 1999, sections 74, 90 and 162 apply as if a reference in the sections to a care agreement included a care agreement under this Act. 52 No agreement against the wishes of a parent (1) A parent of a child may give the chief executive (child safety) notice that the parent does not wish the child to be placed in care under a care agreement. (2) On receiving a notice under subsection (1)— (a) the chief executive (child safety) must not enter a care agreement for the child with another parent of the child; or (b) if a care agreement is in force for the child with another parent of the child, the chief executive (child safety) must end the agreement under section 54. 53 Maximum period of care agreement (1) A care agreement may not be entered into for a child if 1 or more care agreements have already been in force for the child for a total period of 1 year. (2) A care agreement expires if the total period for which the care agreement and any other care agreement entered into for the child under this division has been in force is 1 year. 54 Ending of care agreement (1) Unless it ends earlier under this division, a care agreement has effect until the chief executive becomes a guardian of the child under section 57. (2) A care agreement may be ended at any time with the agreement of the chief executive and each parent who is a party to the agreement. (3) A party to a care agreement may end the agreement at any time by giving at least 2 days notice to the other parties. (4) A care agreement ends if the chief executive (child safety) obtains custody or guardianship of the child under the Child Protection Act 1999. Note— If a care agreement ends and the child is a child in need of protection under the Child Protection Act 1999, the chief executive (child safety) may take the action under that Act that the chief executive (child safety) considers appropriate. Division 2 Guardianship of child after consent is given to local adoption 55 Application of div 2 This division applies to the proposed adoption of a child by a local adoption. 56 Definitions for div 2 In this division— consent means consent given under part 2. dispense with, in relation to the need for a parent's consent, means dispense with under section 39. 57 Chief executive becomes guardian when consent is given or dispensed with (1) This section applies when— (a) a parent consents to the child's adoption; or (b) the need for a parent's consent to the child's adoption is dispensed with. (2) The parent stops having guardianship of the child. (3) The chief executive becomes a guardian of the child under this section. (4) No-one else's guardianship of the child is affected. 58 Child may be placed in care If the chief executive is the child's guardian under section 57, the chief executive may place the child in care under the Child Protection Act 1999, chapter 2, part 6, division 4. 59 Effect of consent or dispensation ending (1) This section applies if— (a) a parent revokes his or her consent to the child's adoption under section 20; or (b) an order dispensing with the need for a parent's consent is overturned on appeal or discharged. (2) The parent's guardianship of the child resumes. (3) The chief executive's guardianship under section 57, because of the consent or dispensation, ends. (4) The chief executive's guardianship under section 57, because of another parent's consent or another dispensation, is not affected. 60 Chief executive may place child in parents' care (1) This section applies if— (a) the chief executive is the child's guardian under section 57; and (b) it is at least 30 days since, for at least 1 of the child's parents, the parent consented to the child's adoption or the need for the parent's consent was dispensed with; and (c) the chief executive is satisfied— (i) one or more of the child's parents are willing and able to protect the child from harm and meet the child's need for long-term stable care; and (ii) it would otherwise be in the child's best interests to be placed in the care of one or more of the parents under this section; and (d) an interim order is not in force for the child. (2) The chief executive may place the child in the care of one or more of the parents by giving each of the child's parents a signed notice. (3) On the placement of the child under subsection (2)— (a) the chief executive's guardianship of the child under section 57 ends; and (b) a consent to the child's adoption given by a parent of the child stops having effect. 61 Other ending of chief executive's guardianship The chief executive's guardianship of the child under section 57 ends if— (a) a final adoption order for the child is made; or (b) a court makes an order ending the chief executive's guardianship of the child; or (c) under a law of another jurisdiction, the chief executive agrees to someone else having guardianship of the child for the purpose of the child's adoption under that law. 61A Effect of child's death on chief executive's guardianship The chief executive's guardianship of a child under section 57 does not end because the child dies. 62 Guardianship under Child Protection Act not affected Nothing in this division affects the chief executive (child safety)'s guardianship of a child under the Child Protection Act 1999. Division 3 Transfer of guardianship between chief executive and corresponding officer for another State 63 Corresponding officers In this division— corresponding officer, for another State, means an officer with powers and functions substantially corresponding to the chief executive's powers and functions under this Act. 64 Chief executive may renounce guardianship (1) This section applies if— (a) the chief executive is a guardian of a child under section 57; and (b) it is at least 30 days since the last consent required for the adoption was given; and (c) the chief executive has received a notice from a corresponding officer for another State— (i) stating that the corresponding officer wishes to arrange for the child's adoption in the other State; and (ii) asking the chief executive to renounce the chief executive's guardianship of the child. (2) If the chief executive is satisfied it would be in the child's best interests, the chief executive may, by a signed document, renounce the chief executive's guardianship of the child. (3) Immediately after signing a document under subsection (2), the chief executive must give to the corresponding officer the document and all consents to the adoption of the child held by the chief executive. (4) When the chief executive gives the documents to the corresponding officer, the chief executive stops having guardianship of the child. 65 Chief executive may ask corresponding officer to renounce guardianship (1) This section applies if— (a) the chief executive wishes to arrange for a child's adoption; and (b) a corresponding officer for another State has guardianship of the child under a law of the other State substantially corresponding to section 57. (2) The chief executive may ask the corresponding officer to give the chief executive a document under which the officer renounces the officer's guardianship of the child. (3) If the chief executive receives the document mentioned in subsection (2), the chief executive becomes guardian of the child. Note— The chief executive may also ask the corresponding officer to give the chief executive any of the following documents— • a consent to the adoption of the child given under the law of the other State that is held by the officer • a document mentioned in section 42. Part 4 Recruitment and selection of prospective adoptive parents Division 1 Planning 66 Chief executive must plan for future need The chief executive must plan continually for the future need for adoptive parents by— (a) anticipating the numbers and characteristics of children likely to need an adoptive placement by local adoption; and (b) anticipating the numbers and characteristics of children likely to be placed for an intercountry adoption from each country with which arrangements have been made or with which it is anticipated arrangements will be made; and (c) anticipating what are likely to be the placement needs of the children; and (d) identifying the numbers and profiles of prospective adoptive parents likely to be needed, having regard to the matters mentioned in paragraphs (a) to (c). 67 Deciding number of parents to be assessed (1) At least once in each financial year, the chief executive must decide the numbers of persons with different profiles that it would be reasonable to assess for suitability to ensure there are enough suitable prospective adoptive parents to meet the needs identified under section 66(d). (2) In deciding the number of persons it would be reasonable to assess, the chief executive must have regard to the numbers and profiles of persons currently listed in the suitable adoptive parents register, and to the considerations that— (a) if too few persons with appropriate profiles are assessed, the need for adoptive parents may not be met within a reasonable time; and (b) if too many persons with appropriate profiles are assessed, this— (i) may be an inefficient use of resources; and (ii) may unnecessarily raise the expectations of some of the assessed persons about the likelihood of their adopting a child; and (iii) may unnecessarily intrude on the privacy or personal affairs of the persons assessed who are not likely to be required. Division 2 Making expressions of interest 68 Who may make an expression of interest (1) A person may make an expression of interest in being assessed for suitability to be an adoptive parent. (2) If a person has a spouse, the person must make an expression of interest jointly with the person's spouse. (3) A person may not express an interest if— (a) the person's name is already in the expression of interest register or suitable adoptive parents register; or (b) the person has custody of a child under an interim order. 69 Form (1) A person makes an expression of interest by giving the chief executive a signed notice in the approved form. (2) The form must also be signed by each person who is, at the time the form is given to the chief executive, an adult member of the household of the person making the expression of interest. (3) The information that may be required by the approved form includes the following for each person making the expression of interest— (a) information demonstrating the person's eligibility to have the person's entered in the expression of interest register; (b) information demonstrating the person's compliance with a requirement prescribed under section 71 or another requirement under this division; (c) information relating to the person's profile, including— (i) any preferences of the person relating to the characteristics of a child whom the person is willing to adopt; and (ii) other information relevant to whether the person would meet the anticipated placement needs of children relevant to the expression of interest; (d) information relevant to the person's suitability, including information about the person's health and personal history; (e) membership of the person's household; (f) information of which the person is aware, or that the person reasonably suspects, about the personal history of each adult member of the person's household. (4) The approved form must include information about the assessment that will be carried out under part 6 if the person making the expression of interest is selected for assessment under division 5. 70 Nomination relating to local or intercountry adoption (1) An expression of interest must state whether it relates to a local adoption, intercountry adoption or both. (2) If a person's expression of interest relates to an intercountry adoption, it must state each country for which the person wishes to be considered. 71 Other requirements for expressing an interest (1) A regulation may prescribe requirements with which a person must comply before or when expressing an interest. (2) A regulation may, for example, require that the person must— (a) attend a departmental information session within a stated time before expressing an interest; or (b) when expressing an interest, be able to demonstrate— (i) an ability to personally care for a child full-time for a stated period after the child is placed with the person; or (ii) for an expression of interest relating to an intercountry adoption—an ability to meet the full cost of completing the adoption process within a stated period. (3) A regulation may set a fee payable for an information session or other thing relating to a requirement under this section. 72 Person may express an interest despite previous expressions A person may express an interest even though the person has previously expressed an interest, or purported to express an interest, and— (a) the person was not eligible or, for another reason, the expression of interest or purported expression of interest did not comply with this division; or (b) the person's name was removed from the expression of interest register. 73 Changes to current expression of interest or relevant information (1) A person with a current expression of interest may, by giving a notice to the chief executive, change— (a) the person's preferences relating to the characteristics of a child who the person is willing to adopt; or (b) for an expression of interest relating to an intercountry adoption, a country for which the person wishes to be considered. (2) A person with a current expression of interest may notify the chief executive of any other new information or changes in information previously given to the chief executive. Note— See sections 82 and 115 for the obligations to notify the chief executive of new information, or changes in information previously given to the chief executive, relevant to eligibility or suitability. (3) If a person made an expression of interest jointly with the person's spouse, the person or the spouse may act under subsection (1) or (2) in relation to the couple's expression of interest. 74 No expressions of interest while register is closed An expression of interest may not be made while the expression of interest register, or a part of the register to which the expression of interest relates, is closed under division 4. Division 3 Expression of interest register 75 Expression of interest register (1) The chief executive must keep a register of persons who have made an expression of interest under division 2 (the expression of interest register). (2) The chief executive may only, and must, enter a person's name in the register if— (a) for a person who has a spouse— (i) the person and the spouse make an expression of interest jointly under division 2; and (ii) the chief executive is satisfied the person and the spouse are eligible to have their names entered in the expression of interest register; or (b) for another person— (i) the person makes an expression of interest under division 2; and (ii) the chief executive is satisfied the person is eligible to have the person's name entered in the expression of interest register. 76 Eligibility for inclusion in register (1) A person is eligible to have the person's name entered or remain in the expression of interest register if— (a) the person is an adult; and (b) the person or the person's spouse is an Australian citizen; and (c) the person is resident or domiciled in Queensland; and (d) the person is not pregnant; and (e) the person is not an intended parent under a surrogacy arrangement within the meaning of the Surrogacy Act 2010; and (f) for a person who has been an intended parent for a surrogacy arrangement within the meaning of the Surrogacy Act 2010—the surrogacy arrangement ended at least 6 months earlier; and (g) the person does not have custody of— (i) a child aged less than 1 year; or (ii) a child who has been in the person's custody for less than 1 year; and (h) for a person who has a spouse— (i) the person and the spouse made an expression of interest jointly under division 2; and (ii) the spouse is also eligible under paragraphs (a) to (g); and (iii) the person and the spouse are living together. (2) Subsection (1)(g) does not include children of whom the person is an approved carer. (3) A person who made an expression of interest jointly with the person's spouse is not eligible to have the person's name remain in the expression of interest register if the spouse stops being the person's spouse. 77 Notice and information to persons entered in register After entering a person's name in the expression of interest register, the chief executive must give the person a notice— (a) stating that the person's name has been entered in the register; and (b) explaining the selection and assessment processes; and (c) containing information about the fees and other costs associated with the adoption process. 78 Notice to persons not entered in register (1) This section applies if— (a) a person has made, or has purported to make, an expression of interest under division 2; but (b) the chief executive considers that, under section 75(2), the person's name may not be entered in the expression of interest register. (2) The chief executive must give the person a notice (a show cause notice) stating— (a) that the person's name has not been entered in the register; and (b) why the person's name has not been entered in the register; and (c) that the person may, within a stated time of at least 28 days, give the chief executive a written response about entering the person's name in the register. (3) The chief executive must consider any response given by the person within the time stated in the show cause notice before deciding whether the person's name may be entered in the register. (4) If the chief executive decides the person's name may not be entered in the register, the chief executive must give the person an information notice for the decision. 79 Automatic removal from register (1) The chief executive must remove a person's name from the expression of interest register if— (a) it is 2 years since the person's name was entered in the register and the person has not been given a notice under section 91 stating that the person has been selected for assessment; or (b) the person has given the chief executive a written request to remove the person's name from the register; or (c) for a person who made an expression of interest jointly with the person's spouse—the name of the person's spouse is not in the register. (2) After removing the person's name under this section, the chief executive must give the person a notice stating— (a) that the person's name has been removed from the register; and (b) the reason for the removal. Note— Also, if a person is selected for assessment, the person's name is removed from the expression of interest register when the assessment is complete. See section 136. 80 Other removal from register (1) The chief executive must remove a person's name from the expression of interest register if— (a) the person is not eligible to have the person's name remain in the register; or (b) the person has not complied with a requirement under section 112 to pay a prescribed fee or part of a prescribed fee relating to an assessment of the person. (2) The chief executive may remove a person's name from the expression of interest register if— (a) the person does not comply with a notice under section 81 or 114 by the due day for the notice; or (b) the person contravenes section 82 or 115; or (c) the person gives information to the chief executive for this Act that is false or misleading in a material particular. (3) Before removing a person's name from the register under this section, the chief executive must give the person a notice (a show cause notice) stating— (a) that the chief executive proposes to remove the name; and (b) the reason for the proposed removal; and (c) that the person may, within a stated time of at least 28 days, give the chief executive a written response to the proposed removal. (4) The chief executive must consider any response given by the person within the time stated in the show cause notice before deciding whether to remove the person's name. (5) If the chief executive decides not to remove the person's name, the chief executive must give the person notice of the decision. (6) If the chief executive decides to remove the person's name, the chief executive must give the person an information notice for the decision. (7) For subsection (1)(a), a person does not become ineligible to have the person's name remain in the register on the ground of being pregnant unless the person is at least 14 weeks pregnant. 81 Chief executive may require further information (1) This section applies to a person with a current expression of interest. (2) The person must give the chief executive any relevant information that the chief executive reasonably requires to decide whether the person— (a) is eligible to have the person's name remain in the expression of interest register; or (b) has complied with division 2. (3) The chief executive may seek information mentioned in subsection (2) by giving the person a notice stating— (a) the information that the chief executive requires; and (b) the day by which the person must give the information to the chief executive; and (c) the consequence under subsection (7) if the information is not given to the chief executive by the due day. (4) The due day must be reasonable and, in any case, at least 14 days after the notice is given. (5) The chief executive may withdraw the requirement, or part of the requirement, at any time. (6) On or before the due day for giving particular information, the chief executive may give the person a further notice substituting a later due day for giving the information if the chief executive is satisfied it would be reasonable in all the circumstances to do so. (7) The following applies if the person does not give required information by its due day— (a) if the person's name has not been entered in the expression of interest register, the person's expression of interest lapses; (b) if the person's name is in the expression of interest register, the chief executive may remove the name under section 80(2)(a); (c) if the person's name is in the suitable adoptive parents register, the chief executive may remove the name under section 146(3)(b). (8) In this section— due day, for giving information, means the day stated in the notice under subsection (3)(b) or any later day substituted by notice under subsection (6). information includes a document. 82 Obligation to notify chief executive of changed or new information relevant to eligibility (1) This section applies if— (a) the person has given information about a matter to the chief executive under this part or part 6; and (b) the person becomes aware that the information has changed or becomes aware of new information relating to the matter; and (c) the changed or new information is relevant to whether the person is eligible to have the person's name entered or remain in the expression of interest register. (2) The person must immediately give the chief executive a notice of the changed or new information. 83 Inclusion in register does not confer entitlement Inclusion of a person's name in the expression of interest register does not confer an entitlement on the person to be assessed, or to be selected for assessment, for suitability to be an adoptive parent. Division 4 Closing and re-opening expression of interest register 84 Chief executive may close register (1) The chief executive may close the expression of interest register, or a part of the register, if satisfied the number of persons listed in the register, having regard to their profiles, is significantly higher than the number needed to meet the anticipated need for adoptive parents. (2) The chief executive may act under subsection (1) in relation to— (a) the whole of the register; or (b) a part of the register relating to— (i) local adoptions; or (ii) intercountry adoptions; or (iii) intercountry adoptions from a stated country; or (iv) adoptions of children with stated characteristics. (3) The reference in subsection (1) to the anticipated need for adoptive parents includes, for intercountry adoptions from a particular country, the extent to which applications or expressions of interest from Australians are being received at the relevant time by the country's competent authority. 85 Notice of closure (1) At least 30 days before closing the expression of interest register or a part of the register, the chief executive must publish, in a newspaper circulating throughout the State, notice of— (a) the extent of the closure; and (b) the reason for the closure; and (c) the last day for giving an expression of interest to the chief executive before the closure. (2) The notice may include any other information the chief executive considers appropriate. Example— If there is a time at which the chief executive anticipates the register or part of the register will be re-opened, the notice may state that time. (3) The chief executive may also publish the notice in other ways the chief executive considers appropriate. 86 Periodic review of closure From time to time while the expression of interest register or a part of the register is closed, at intervals of not more than 6 mon