State

Notification Requirements & Other parties in discharge of adoption – Comparison by State & Territory Legislation

ACT

1993

39L

(5) A discharging order must not be made unless the applicant has, not later than 28 days before the return date for the application, served written notice of the application and its return date on –

– if the adoptee is 12 years old or older, the adopted person; and

– each adoptive parent; and

– each person whose consent to the adoption was required

(on application, the court may dispense with the requirement to serve notice under subsection (5)).

NSW

2000

Part 10

93-95

93(3) The Court is to give each “concerned person” (other than the applicant for the discharge order) notice of the application.

(“concerned person” means the Attorney General, or  any party to an adoption).

NT

1994

Section 44

(appears to be under 18 discharges only)

None

Qld

2009

Part 3

Division 7

Sect 219-226

Sect 221

 (1)An application for the discharge of a final adoption order must be made to the Supreme Court.

 (2) The application must state the ground on which it is made.

(3) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on each party to the adoption and, if the applicant is not the chief executive, on the chief executive.

(4) A served copy must state where and when the application is to be heard.

(5) A copy served on a person who is a party to the adoption, other than the adopted person, must also state that the application may be heard and decided even though the person does not appear in court.

(6) The court may dispense with the requirement to serve a copy of the application on a person who is a party to the adoption, other than the adopted person, if the court is satisfied the applicant—

(a) can not establish the person’s identity after making all reasonable enquiries; or

(b) can not locate the person after making all reasonable enquiries.

Other Sections of Division 7 – Discharge of a final adoption order –  Adoption Act 2009 –Qld:

Sect 222 Respondent

(1) A person, other than the chief executive, served with a copy of the application 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.

Sect 223 Hearing not to be in public

(1) The hearing for the proceeding is not open to the public.

(2) However, the court may permit a person to be present during the hearing if the court is satisfied it is in the interests of justice.

Sect 224 Hearing of application in absence of party

(1) The court may not hear or decide the application unless the adopted person or a lawyer representing the adopted person appears in the proceeding.

(2) Otherwise, the court may hear and decide the application in the absence of a person who is a party to the adoption only if—

(a) the person 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 person under section 221(6).

(3) Subsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding.

SA Adoption Act 1988

39—Intervention in proceedings

(2) A court may order that any person who has, in the opinion of the court, a proper
interest in proceedings under this Act be joined as a party to the proceedings

Tas

1988

None found but may have a generic clause similar to SA’s.

Vic

1984

Sect  19

(9)     The Court may allow any of the following persons to appear and to address the Court (either personally or by a legal practitioner) at the hearing of an application for the discharge of an order for the adoption of a child—

        (a)     the child;

        (b)     a natural parent of the child;

        (c)     an adoptive parent of the child;

        (d)     the Secretary;

        (e)     if the adoption was arranged by an adoption agency, the principal officer of that agency;

        (f)     any other person whom the Court determines has a sufficient interest in the matter.

WA

1994

Part 3

Sect 77

The Court is not to make an order under subsection (2) —

            (a)         if to do so would not be for the welfare and in the best interests of the adoptee; and

            (b)         unless the Court is satisfied that reasonable efforts have been made to notify all the parties to the adoption of the application.

(3a)         Any person may apply for leave to intervene in an application under subsection (1) and the Court may make an order entitling the person to intervene in the application.

        (3b)         A person who, under subsection (3a), intervenes in an application under subsection (1), is to be treated as a party to the application with all the rights, duties and liabilities of a party, unless the Court orders otherwise.