THE REVIEW

1.1 When the Adoption Information Act 1990 was passed, the Government foreshadowed that, because of the sensitive issues involved, the legislation would be reviewed after it had been operating for a short time. The New South Wales Law Reform Commission was asked to conduct this review, and the Department of Community Services made a grant to the Commission providing the necessary resources.

1.2 The Commission employed a number of methods to collect information about the implementation of the Act and its impact on those affected. The review was extensively publicised by the Commission in the media, among adoption interest groups and to members of Parliament. An Issues Paper was prepared and nearly 1500 copies distributed. The community was invited to make submissions and comments in writing, by telephone or in person. More than 700 written and 300 telephone submissions were received, and the Commission met with many people individually and in groups. Nearly 100 people spoke at the eight public hearings conducted by the Commission, in Sydney, Tamworth, Lismore, Dubbo, Wollongong, Queanbeyan, Wagga Wagga and Newcastle. Research was commissioned from the social research consultants MSJ Keys Young on public awareness of the Act and its impact. The review has been one of the most extensive programs of consultation conducted by the Commission.

THE COMMISSION'S REPORT

1.3 This Summary Report presents a brief account of the key features of the Commission’s full Report, Review of the Adoption Information Act 1990. As there have been so many members of the general public participating in the review, the Commission feels it is desirable to make available to them the major findings and recommendations of the review. The full Report is a lengthy document. It contains detailed analysis of the legal principles and the law relating to adoption and the Commission’s recommendations for minor amendments to the Adoption Information Act 1990. It also presents an extensive examination of the administrative procedures for the Act and a comprehensive report of the evidence obtained about its impact on the various groups of people affected. This Summary Report has been prepared to present the Commission’s findings and recommendations in a more accessible form. The full Report may be purchased from the Commission. The order of Chapters in this Summary Report largely corresponds with that in the full Report noted below.

1.4 The Commission’s Report contains the following material. Chapter 2 of the Report provides a brief introduction to the Adoption Information Act 1990 and the context in which it came into being. (The Adoption Information Act 1990 and the Adoption Information Regulation are reproduced in Appendix A to the Report.) Chapter 3 describes the publicity which was conducted in order to create community knowledge of the legislation and presents the Commission’s findings on public awareness of the Act, based on the relevant results of the omnibus survey described in the MSJ Keys Young Report (which forms Appendix B). Chapter 4 reviews the implementation and administration of the legislation. The respective roles of the Family Information Service (FIS), the Registry of Births, Deaths and Marriages, and the Post Adoption Resource Centre (PARC) are examined. The operation of the main provisions of the Act, such as those dealing with access to birth certificates, supply of prescribed information, the Reunion Information Register, and the contact veto system is also considered. Chapter 5 provides a report on the impact of the legislation on birth parents, adopted people, adoptive parents and the extended families of all parties. Chapter 6 examines what the Commission regards as the basic principles of the legislation, matters that were addressed in many submissions to this review. Chapter 7 sets out the major recommendations relating to additional protection of privacy, and Chapter 8 deals with a number of particular aspects of the legislation, making some recommendations for minor amendments to the legislation.

CONCLUSIONS

1.5 The Commission’s major conclusions are as follows:

• The majority of the public appears to be aware of the essence of the Adoption Information Act 1990.
• Implementation of the Act has been accomplished successfully and its administration is working well.
• The vast majority of adopted persons and birth parents welcome the rights to information, and exercise them responsibly.
• Compliance with the contact veto system is very high. Although there were rumours or suggestions of breaches, a careful examination of the evidence revealed only one incident that appeared to be a breach of a veto.
• Post-adoption contact and reunions are seen as beneficial by almost all who initiate them, and positive or acceptable by the majority of those who are contacted.
• The Adoption Information Act 1990 has functioned very much as expected by Parliament, with the following qualifications that:

- there may be somewhat greater resistance to the Act than expected on the part of adoptive parents (a majority) and adoptees (a significant minority); and

- compliance with the contact veto system is probably somewhat higher than expected.

1.6 From its study of the operation and impact of the Act, the experience under similar laws outside New South Wales, and the submissions made in the present review, the Commission concludes that there is no need to change the basic principles of the Act, which provide a reasonable and workable resolution of the conflicting interests involved. However, the evidence of real distress and anxiety caused to many adoptive parents and some adoptees and birth parents justifies some modifications to current law and practice.

RECOMMENDATIONS

1.7 The Commission’s major recommendations are as follows:

• An Adoption Information Exchange should operate to facilitate communication between all parties affected by the adoption information laws.
• An Advance Notice System should apply to delay release of identifying information for a fixed period at the request of a person who would be identified by it.
• The Director-General should have a discretion to limit access to identifying information in exceptional cases.

1.8 The Commission also makes some minor recommendations including:

• Publicity for the legislation should continue so as to reach all people affected by the law, and to inform them about the rights and procedures under the Act.
• The Act should be amended so that the contact veto system terminates only if Parliament so decides.
• The Director-General should have a discretionary power to order the supply of birth certificates, identifying and other information in situations which fall outside existing statutory entitlements.
• An appeal should lie to the Community Welfare Appeals Tribunal against all major decisions of the Director-General exercising powers under the Act.
• The statutory provisions relating to birth fathers should be clarified in order to implement more fully the intention to provide access to identifying information about adoption.
• The Guardianship Board should be given any necessary powers to allow it to make appropriate orders where, because of disability it is impossible or unreasonable for people to exercise rights under the Act personally.
• The Act should be amended to allow, subject to the Director-General’s discretion, the information rights of a birth parent or adoptee to be “inherited” by relatives on that person’s death.
• Birth parents should have a statutory right to non-identifying information about the adopted child (while under 18) corresponding to the existing rights of adoptive parents to such information about the birth parents.