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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Adoption Amendment (Institute of Open
Adoption Studies) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Adoption Act 2000 No 75 3
Schedule 2 Amendment of Children and Young Persons (Care and Protection)
Act 1998 No 157 5
Schedule 3 Amendment of Adoption Regulation 2015 7
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2016
New South Wales
Adoption Amendment (Institute of Open
Adoption Studies) Bill 2016
Act No , 2016
An Act to amend the Adoption Act 2000 and the Children and Young Persons (Care and
Protection) Act 1998 to make provision for the disclosure of information for the purpose of
research in relation to adoption and out-of-home care; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Adoption Amendment (Institute of Open Adoption Studies) Act 2016.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
Schedule 1 Amendment of Adoption Act 2000 No 75
Schedule 1 Amendment of Adoption Act 2000 No 75
[1] Chapter 4 The adoption process
Omit "temporary authorised carers" from the note to Part 6.
Insert instead "authorised carers".
[2] Section 91 Report required before order made for adoption of child
Insert after section 91 (2A) (c):
(d) a suitably qualified person employed or nominated by an approved
organisation to prepare reports in accordance with this section.
[3] Section 91 (7)
Insert in alphabetical order:
approved organisation means an organisation approved by the Secretary from
time to time, by order in writing, to provide a report to the Court for the
purposes of this section.
[4] Section 175A
Insert after section 175:
175A Disclosure of information for research purposes
(1) The Secretary may enter into arrangements with a research organisation for the
purposes of permitting the disclosure to the research organisation of
information (including health information and personal information) that is
held by the Department or an accredited adoption service provider about any
of the following persons (an affected person):
(a) a person involved in an adoption or prospective adoption as a birth
parent, adoptive parent or child,
(b) a person involved in out-of-home care as an authorised carer or child.
(2) The Secretary is not to enter into arrangements under this section unless
satisfied that those arrangements will ensure that:
(a) reasonable steps will be taken to de-identify information disclosed
under the arrangements, and
(b) information disclosed under the arrangements will be treated by the
research organisation as confidential, and
(c) as far as is reasonably practicable, no publication that uses or is based
on information disclosed under the arrangements will enable the
identity of an affected person to be ascertained, and
(d) as far as is reasonably practicable, any personal information disclosed
under the arrangements will be used or dealt with in accordance with the
information protection principles set out in sections 12, 17, 18 and 19 of
the Privacy and Personal Information Protection Act 1998 as those
principles would apply if the research organisation were a public sector
agency.
Note. The Privacy and Personal Information Protection Act 1998 requires public
sector agencies to deal with personal information in accordance with the
information protection principles set out in that Act.
(3) Before entering into arrangements for the disclosure of information under this
section, the Secretary must consult with the Privacy Commissioner in relation
to those arrangements.
Page 3
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
Schedule 1 Amendment of Adoption Act 2000 No 75
(4) A disclosure of information made in good faith under the arrangements does
not constitute a contravention of any provision as to confidentiality in this Act
and does not constitute a contravention of the Health Records and Information
Privacy Act 2002 or the Privacy and Personal Information Protection Act
1998.
(5) The provisions of the Health Records and Information Privacy Act 2002 apply
to health information disclosed under the arrangements as if the research
organisation were a private sector person (within the meaning of that Act).
Note. The Health Records and Information Privacy Act 2002 requires a private sector
person that collects, holds or uses health information to comply with the health privacy
principles provided for by that Act.
(6) In this section:
health information has the same meaning as in the Health Records and
Information Privacy Act 2002.
personal information has the same meaning as in the Privacy and Personal
Information Protection Act 1998.
[5] Section 208 Regulations
Insert after section 208 (2) (e):
(f) the disclosure of information under the arrangements referred to in
section 175A, including any procedures or requirements in relation to
that disclosure and any requirements on any organisation to which the
information is disclosed.
[6] Dictionary
Insert in alphabetical order:
research organisation means an organisation prescribed by the regulations.
Page 4
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
Schedule 2 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
Schedule 2 Amendment of Children and Young Persons
(Care and Protection) Act 1998 No 157
[1] Section 254A
Insert after section 254:
254A Disclosure of information for research purposes
(1) The Secretary may enter into arrangements with a research organisation for the
purposes of permitting the disclosure to the research organisation of
information (including health information and personal information) that is
held by the Department, the Children's Guardian, a designated agency or an
accredited adoption service provider about any of the following persons (an
affected person):
(a) a person involved in an adoption or prospective adoption as a birth
parent, adoptive parent, young person or child,
(b) an authorised carer,
(c) a child or young person in out-of-home care,
(d) a child or young person the subject of a final care order if the Children's
Court has determined or accepted the Secretary's assessment that there
is no realistic possibility of the child or young person being restored to
his or her birth parents or adoptive parents.
(2) The Secretary is not to enter into arrangements under this section unless
satisfied that those arrangements will ensure that:
(a) reasonable steps will be taken to de-identify information disclosed
under the arrangements, and
(b) information disclosed under the arrangements will be treated by the
research organisation as confidential, and
(c) as far as is reasonably practicable, no publication that uses or is based
on information disclosed under the arrangements will enable the
identity of an affected person to be ascertained, and
(d) as far as is reasonably practicable, any personal information disclosed
under the arrangements will be used or dealt with in accordance with the
information protection principles set out in sections 12, 17, 18 and 19 of
the Privacy and Personal Information Protection Act 1998 as those
principles would apply if the research organisation were a public sector
agency.
Note. The Privacy and Personal Information Protection Act 1998 requires public
sector agencies to deal with personal information in accordance with the
information protection principles set out in that Act.
(3) Before entering into arrangements for the disclosure of information under this
section, the Secretary must consult with the Privacy Commissioner in relation
to those arrangements.
(4) A disclosure of information made in good faith under the arrangements does
not constitute a contravention of any provision as to confidentiality in this Act
and does not constitute a contravention of the Health Records and Information
Privacy Act 2002 or the Privacy and Personal Information Protection Act
1998.
Page 5
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
Schedule 2 Amendment of Children and Young Persons (Care and Protection) Act 1998 No 157
(5) The provisions of the Health Records and Information Privacy Act 2002 apply
to health information disclosed under the arrangements as if the research
organisation were a private sector person (within the meaning of that Act).
Note. The Health Records and Information Privacy Act 2002 requires a private sector
person that collects, holds or uses health information to comply with the health privacy
principles provided for by that Act.
(6) In this section:
health information has the same meaning as in the Health Records and
Information Privacy Act 2002.
personal information has the same meaning as in the Privacy and Personal
Information Protection Act 1998.
research organisation has the same meaning as in the Adoption Act 2000.
[2] Section 264 Regulations
Insert after section 264 (1A) (k):
(l) the disclosure of information under the arrangements referred to in
section 254A, including any procedures or requirements in relation to
that disclosure and any requirements on any organisation to which the
information is disclosed.
Page 6
Adoption Amendment (Institute of Open Adoption Studies) Bill 2016 [NSW]
Schedule 3 Amendment of Adoption Regulation 2015
Schedule 3 Amendment of Adoption Regulation 2015
Clause 132A
Insert after clause 132:
132A Research organisations
The Institute of Open Adoption Studies, University of Sydney, is prescribed
for the purposes of the definition of research organisation in the Dictionary
to the Act.
Page 7
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