Family Law (Hague Convention on Intercountry Adoption) Regulations 1998

Notice of a State Central Authority Accrediting a Body to Provide Intercountry Adoption Services

In accordance with subregulation 12(5) of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), on behalf of the Commonwealth Central Authority I publish the NSW Children’s Guardian’s notice of accreditation of Australian Families for Children Incorporated as an intercountry adoption service provider. The following notice was published in the NSW Government Gazette No 70 of 22 August 2014.

KELLY WILLIAMS

On behalf of the Commonwealth Central Authority

Commonwealth Attorney-General’s Department

ADOPTION ACT 2000 (NSW)

Notice of Accreditation to Provide Intercountry Adoption Services

Australian Families for Children Incorporated

ABN: 71 028 272 001

IN accordance with the functions delegated to me, I accredit Australian Families for Children Incorporated as an intercountry adoption service provider for a period of three years commencing on the date of this Notice.

I authorise Ms Sheri SHENKER, Principal Officer of Australian Families for Children Incorporated at Suite 2, 79 Oxford Street, Bondi Junction NSW to undertake intercountry adoption services set out in this Notice, until 22 August 2017.

In addition to the general conditions of accreditation in Schedule 1 of the Adoption Regulations 2003 (NSW) I have imposed the following conditions on the agency’s accreditation:

Condition 1

This agency may provide the following intercountry adoption services:

• Receive expressions of interest in adopting a non-citizen child
• Provide training to prospective adoptive parents
• Undertake assessments of the suitability of persons to adopt a non-citizen child
• Approve persons to adopt a non-citizen child
• Post-placement casework support
• Provision of adoption information

Condition 2

This agency may provide intercountry adoption services in NSW in respect of countries with which the Australian Central Authority has established programs or bilateral arrangements, as set out on the Country Program page of the Commonwealth Attorney-General Department’s website, located at: http://www.ag.gov.au/FamiliesAndMarriage/ IntercountryAdoption/CountryPrograms/Pages/default.aspx

Condition 3

This agency must not participate in negotiations for entering into, or enter into, agreements with a foreign country to establish arrangements to facilitate adoption of children from that country.

Condition 4

This agency must seek authorisation by the Australian Central Authority and the competent authority in the overseas country, before it can act in the overseas country. This condition applies to each country program that this agency intends to provide.

Condition 5

This agency must not operate as an accredited intercountry adoption service provider while ever it shares a premises with any association of adoptive parents or any organisation that has among its objects the object of soliciting aid for, or providing aid to, persons or organisations in a foreign country.

Condition 6

This agency must not commence operating as an accredited intercountry adoption service provider until the nominated principal officer as set out in the agency’s application for accreditation is appointed.

Condition 7

If the appointment of the nominated principal officer does not proceed, this agency must advise the Children’s Guardian of the agency’s alternative principal officer.

Condition 8

This agency must:

(a)    register online with the new Working with Children Check (WWCC) and

(b)    verify online the WWCC clearance, or in the absence of a clearance, an application for each staff member in child-related work or in a child-related role, each prospective adoptive parent and each adult household member residing with a prospective adoptive parent before commencing employment.

Condition 9

This agency must notify the Children’s Guardian when it commences operations as an accredited intercountry adoption service provider.

Condition 10

This agency must provide direct evidence of practice in accordance with a Program to meet Accreditation Criteria – Direct Evidence as issued by the Children’s Guardian.

Condition 11

This agency must provide an annual report to the Children’s Guardian regarding the activities and operations of its intercountry adoption program.

Condition 12

This agency must comply with the requirements of the Commonwealth-State Agreement for the Continued Operation of Australia’s Intercountry Adoption Program located at: http://www.ag.gov.au/FamiliesAndMarriage/ IntercountryAdoption/Documents/Program.pdf

Condition 13

This agency must comply with all reasonable requests and directions issued by the NSW Central Authority and the Australian Central Authority.

Giving false or misleading information to the Children’s Guardian is a serious offence.

The Children’s Guardian may suspend, shorten or cancel the agency’s accreditation if it fails to comply with any of these conditions.

The Children’s Guardian may publish details of failure to comply with conditions of accreditation in the Children’s Guardian’s Annual Report to Parliament.

A decision of the Children’s Guardian to impose, not impose, vary or revoke a condition of accreditation is reviewable by the NSW Civil and Administrative Tribunal (NCAT), under section 193 of the Adoption Act 2000. Further information about NCAT and internal reviews may be obtained from NCAT (tel.: 1300 006 228).

The Children’s Guardian has provided a copy of this Notice to the NSW Department of Family and Community Services, the NSW Ombudsman and the Commonwealth Attorney‑General’s Department.

This notice is published in accordance with section 15 of the Adoption Act 2000.

Date of notice: 22 August 2014

KERRYN BOLAND
Children’s Guardian
Office of the Children’s Guardian