What will happen to the veto system currently in place?
Adoption information vetoes will be removed 5 years after the date the relevant section of the Amendment Act commences (section 20). The relevant section is likely to commence in mid-2017.
Vetoes that are currently in place will continue for 5 years from the commencement of the new law, unless the person who has placed the veto revokes the veto earlier. A veto will not be able to be renewed at the end of the 5 year transition period.
This means that after 5 years, if a party to the adoption applies for the identifying information, that information may be released to them.
Information can be withheld if it is determined that its release would:
- be an unjustifiable intrusion on the privacy of the person to whom the information relates
- give rise to a serious risk to the life or safety of a person
- in the case of information relating to a person adopted before 17 August 1989 - not be in the best interests of the adopted person, taking into account the rights and welfare of the adopted person and any other prescribed matter.
During the 5 year transition period, the Department for Child Protection will provide services to support people whose vetoes are to expire and to people who are unable to obtain information for 5 years.
Support services will also be provided by the Post Adoption Support Services of Relationships Australia SA who can be contacted on (08) 8245 8100. There is no cost for these services.