THE COMMISSION’S TASK

1.1 The New South Wales Law Reform Commission is currently conducting a review of the Adoption Information Act 1990. This Issues Paper explains the nature of the law and the Commission’s inquiry. It also discusses some different legal approaches, and lists the main issues on which we would like to receive submissions and comments.

1.2 The Commission’s task is to gather information about the implementation and administration of the Act and its impact on all the parties to adoption who are affected by it. The Commission intends to collect information by direct consultation with people and groups, receiving written submissions and holding public hearings in Sydney and selected country centres. A report will then be published, setting out the results of the inquiry and making whatever recommendations are thought appropriate.

Terms of Reference

1.3 The reference to the Commission follows an undertaking given by the Government, at the time the legislation was debated in Parliament, that it would be subjected to an early review. The Minister for Health and Community Services, the Hon John Hannaford MLC, believed that the review would be best undertaken by the NSW Law Reform Commission and requested that the Attorney-General formally refer the matter. A special grant was made by the Minister to facilitate this review.

1.4 The terms of reference are as follows:

The Commission is to inquire into and report on the operation of the Adoption Information Act 1990 and the Adoption Information Regulations 1991, and in particular to consider:

(i) the implementation, public awareness and administration of the legislation and

(ii) the impact of the legislation on birth parents, children surrendered for adoption, adopting parents, and the extended families of all parties.

The Commission intends to report by 30 June 1992.

HOW TO MAKE A SUBMISSION OR COMMENT

1.5 If you would like to make a submission, or tell the Commission about your experiences with the new law, we would be very glad to hear from you. You may participate in this review in any of the following ways:

• Make a written submission by writing to:
  Mr Peter Hennessy
  Executive Director
  NSW Law Reform Commission
  GPO Box 5199
  SYDNEY NSW 2001.

• Telephone the Commission on (02 252 3855) to speak to a Legal Officer or arrange to make a submission in person.

• Attend a public hearing. These will be advertised in the metropolitan daily newspapers and in the media of relevant country centres. Details can also be obtained by telephoning the Commission.

What should a submission contain?

1.6 There is no restriction on what can be said in a submission: we are interested to hear any comments, from any source, about the Act and its operation.

1.7 If you have been affected in any way by the Adoption Information Act, we would like to hear from you. It is very useful if people simply write to us and tell us of their experiences, whether or not they wish to make comments about reform of the law and whether or not they wish to see the law changed in any way.

1.8 We are also eager to hear from people who wish to comment on how the law is working, or how it might be improved. In order to assist you, we set out in Chapters 3 and 4 what we consider are the main issues, especially as they might be seen by adopted persons, birth parents, adoptive parents, and other relatives. Our discussion is largely based on the issues and concerns that were expressed in the Report of the Legislative Council’s Standing Committee on Social Issues Accessing Adoption Information (October 1989) and in the debates in the NSW Parliament when the legislation was introduced. You might find it useful to address these issues in making your comment or submission. We emphasise, however, that comments on any aspects of the legislation and its impact will be welcome, and will be given careful attention.

Confidentiality

1.9 If you would like your submission or comment to be treated as confidential, please indicate this on the submission or comments. Requests for confidentiality will be strictly respected.