State

Status of person after discharge – Comparison by State Legislation

ACT

1993

39L

(8) Subject to any order made under subsection (7) and to section 43 (3), the rights, privileges, obligations, liabilities and relationships under the law of the Territory of the  person and of all other people are, on the  making of a discharging order, the same as if the adoption  order had not been made, but without prejudice to—

(a)anything lawfully done while the adoption order was in force; or

(b) the consequences of anything unlawfully done while the adoption order was in force; or

(c) any right or interest that became vested in any person while the adoption order was in force.

NSW

2000

Part 10

93-95

93(8) On the making of a discharge order, but subject to any order made under subsection (6) and to section 95(4), the rights, privileges, duties, liabilities and relationships under the law of New South Wales of the child and of all other persons are to be the same as if the adoption order had not been made, but without prejudice to:

(a) anything lawfully done, or

(b) the consequences of anything unlawfully done, or (c) any proprietary right or interest that became vested in any person,

while the adoption order was in force.

95(4) For the purposes of any law of New South Wales relating to a sexual offence (being a law for which the relationship between persons is relevant), any relationship that would have existed if an adoption order or discharge order had not been made continues to exist for the purposes of that law in addition to any relationship that exists under this section by virtue of the order.

NT

1994

Section 44

(Under 18 only)

(5)     On the making of an order discharging an order for the adoption of a child under this section, but subject to Division 7 and any order made under subsection (4), the rights, privileges, duties, liabilities and relationships under the law of the Territory of the child and of all other persons affected by the order for adoption of the child shall be the same as if the adoption order had not been made, but without prejudice to:

        (a)     anything lawfully done;

        (b)     the consequences of anything unlawfully done; or

        (c)     any right or interest that became vested in any person,

whilst the adoption order was in force.

Qld

2009

Part 3

Division 7

Sect 219-226

Sect 226

(1) On the making of an order discharging the final adoption order (the discharge order), the rights, privileges, duties, liabilities and relationships of the child and all other persons are the same as if the final adoption order had not been made.

(2) However, the making of the discharge order does not affect—

(a) anything lawfully done, or the consequences of anything lawfully done, while the final adoption order was in force; or

(b) a right, privilege or liability acquired, accrued or incurred while the final adoption order was in force.

(See also above –  consent) (3) The discharge order does not affect a consent given to the child’s adoption unless the court decides otherwise.

(4) For the purpose of a law relating to a sexual offence for which relationships are relevant, a relationship between a child and another person that existed immediately before the making of the discharge order continues, despite the discharge order, in addition to other relationships that exist because of the discharge order.

(5) This section applies subject to an order under section 225(5).

SA Adopton Act 1988 (introduced in 2018 after the Adoption Act Review)

(7) Subject to any order under subsection (6), on the making of a discharge order, the rights, privileges, duties, liabilities, and relationships of the person to whom the adoption order relates and of all other persons will be the same as if the adoption order had not been made.

(8) Nothing in subsection (7) affects—

(a) anything lawfully done; or

(b) the consequences of anything unlawfully done; or

(c) a proprietary right or interest that became vested in a person, while the relevant adoption order was in force.

Tas

1988

Division 2

Section 28

(8) On the making of an order under this section discharging an adoption order, but subject to an order made under subsection (7) and to section 50(2), the rights, privileges, duties, liabilities, and relationships of the person to whom the adoption order relates and of all other persons shall be the same as if that order had not been made, but without prejudice to –

(a) anything lawfully done; or

(b) the consequences of anything unlawfully done; or

(c) a proprietary right or interest that became vested in a person –

while the adoption order was in force.

(SECT 50  (2) Notwithstanding subsection (1), where the relationship between persons is relevant for the purposes of any law relating to a sexual offence –

(a) an adoption order, or the discharge of an adoption order, does not cause the cessation of a relationship that would have existed if the adoption order, or the discharge of an adoption order, as the case may be, had not been made; and

(b) any such relationship shall be deemed to exist in addition to any relationship that exists by virtue of the application of that subsection in relation to that adoption order or by virtue of the discharge of that adoption order. )

Vic

1984

Sect  19

    (8)     Upon the making of an order under this section discharging an order for the adoption of a child, but subject to any order made under subsection (7) and to section 53(2), the rights, privileges, duties, liabilities and relationships of the child and of all other persons shall be the same as if the adoption order had not been made, but without prejudice to—

        (a)     anything lawfully done;

        (b)     the consequences of anything unlawfully done; or

        (c)     any proprietary right or interest that became vested in any person—

whilst the adoption order was in force.

WA

1994

Part 3

Sect 77

Where an order is made under subsection (2), the rights, duties, liabilities and relationships of persons under the law of the State are to be as if the adoption order had not been made.

        (7)         Subsection (6) —

            (a)         is subject to orders made under subsection (5) and to section 75(5); and

            (b)         does not otherwise affect —

                  (i)         anything lawfully done; or

                  (ii)         the consequences of anything lawfully done; or

                  (iii)         any proprietary right or interest that became vested in any person while the adoption order was in force.