THE ADOPTION INFORMATION ACT 1990

3.1 The Adoption Information Act 1990 was passed in October 1990 and came fully into force on 2 April 1991. It embodies, with only minor qualifications, the unanimous recommendations of the Legislative Council’s Social Issues Committee (the Willis Committee) made in its report Accessing Adoption Information (1989). The Act had the support of all political parties and was passed by Parliament with only one dissenting voice. The central provisions of the Act create rights in adult adoptees to obtain their original birth certificates, and in birth parents to obtain the amended birth certificate showing the adoptee as the child of the adoptive parents. Adoptees and birth parents are also entitled to obtain from named bodies such as adoption agencies prescribed information, that is, information falling within categories set out in the Adoption Information Regulation, made under the Act.

3.2 The legislation also provides protection for privacy by establishing a contact veto system, whereby birth parents and adoptees may forbid contact by information recipients. The veto does not prevent the release of birth certificates or information. Where a veto has been lodged, a person obtaining a birth certificate under the Act is forbidden to contact or attempt to contact the person lodging the veto: to do so is a criminal offence punishable by a fine of $2,000 or 6 months imprisonment or both.

3.3 All these provisions apply only when the adoptee reaches the age of 18 years. The Act to applies to all adoptions recognised in New South Wales, including adoptions made before the Act came into force. Indeed, since its major provisions relate to adopted persons who have turned 18, so far it mainly affects people involved in adoption orders made before 1974.

3.4 The first aspect of the terms of reference requires the Commission to report on the implementation, public awareness and administration of the legislation. These matters are considered in this Chapter.

AWARENESS OF THE ACT

3.5 The Department of Community Services undertook an extensive publicity campaign prior to commencement of the Act in April 1991. Advertisements and publicity generated by press releases and interviews in all forms of mass media explained the rights to information and the contact veto system.

3.6 The Commission received comments in submissions about the extent of public awareness, and also commissioned a survey which tested knowledge of the law relating to adoption information of a random sample of more than 1000 people in New South Wales. The evidence before the Commission leads us to agree with the conclusion in the MSJ Keys Young Report that:

The majority of the public appears to be aware of the essence of the Adoption Information Act - that adopted people and the birth parents who surrendered them for adoption now have the right to identifying information about each other.

3.7 The Commission recommends that resources be available so that publicity about the adoption information legislation can continue to reach all people affected by the law. Publicity should aim to inform people of the details of rights and procedures, and also to reach people who live outside the State. The Commission suggests some approaches which could be used to publicise the law. These include advertising in general interest magazines, as well as those for adolescents and young women and distribution of brochures through community agencies and organisations, including those not usually connected with welfare.

ADMINISTRATION AND IMPLEMENTATION OF THE ACT

3.8 Administration of the Act primarily involves two government agencies. The Family Information Service (FIS) within the Adoptions Branch of the Department of Community Services has major responsibility for operation of the new legislation. FIS supplies prescribed information from Departmental files and records of adoptions since 1923 which it holds. It receives contact vetoes and administers the contact veto system and administers the Reunion Information Register. It also provides information, counselling and advice relating to the operation of the Act. The other agency involved is the Registry of Births, Deaths and Marriages which maintains registers of births, adoptions, marriages and deaths in New South Wales. It supplies original or amended birth certificates and extracts of marriage and death certificates from the registers in accordance with the Adoption Information Act. A new organisation, the Post Adoption Resource Centre (PARC), was established by the Benevolent Society and funded by the Department of Community Services, to provide counselling and advice for people affected by the Adoption Information Act.

3.9 The accompanying table indicates statistics of the major activities under the Adoption Information Act. They are based on figures supplied by the Registry and FIS, current to the dates stated. Applications for original or amended birth certificates are being received at approximately 250 per month, and contact veto registrations at 12-15 per month. Adoptees have made 70% of the applications for certificates and placed 55% of the contact vetoes.

Table 1: Statistics - Adoption Information Act 1990

ACTION	TOTAL
Applications for original or amended birth certificates from 2 April 1991 to 30 June 1992.	7,358
Contact Veto Registrations from 1 December 1990 to 30 June 1992.	3,432
Birth certificates issued subject to a Contact Veto up to 30 June 1992.	225
Contact Vetoes lodged after the issue of a birth certificate up to 30 June 1992.	31
Contact Vetoes removed up to 31 May 1992.	31
Reunion Information Register registrations up to 30 JUne 1992.	15,985
Applications for further searches to 30 June 1992.	2,151
Fee waivers on applications for certificates (%)	35

[Link to text only version of table 1]

3.10 The Commission has found that implementation of the Adoption Information Act 1990 has been accomplished successfully and administration in the first year of operation has been working well. This is in large measure due to the efforts of the many committed staff who have been involved with operation of the Act, working within the constraints of available resources. Many have been highly complimentary in submissions about the assistance and understanding of those responsible for administration. There have been some complaints received about the activities of staff of FIS, District Offices of the Department of Community Services, the Registry and PARC. While all agencies responsible for administration acknowledge that some criticism is valid, it is only to be expected that not everyone will have been satisfied with their dealings with the administration. This is so particularly as highly charged emotional issues are involved. Some criticism is as much of the law itself as its administration. The contact veto system has drawn the most complaints. However in one matter, complaints about staff taking contact vetoes in the early stages of the Act’s operation appear to have been dealt with by direction from the Director-General about procedures to be followed. The Commission has no evidence that administration of the Act has been improper of inefficient. Indeed there was considerable evidence that the agencies involved have paid careful attention to the rights and interests of people affected by the Act.