§ 10 — Authorised adoption agencies

10.—(1) The Minister may, with the agreement of an adoption agency or a fostering agency and subject to any terms that the Minister may specify, authorise the adoption agency or fostering agency as an authorised adoption agency for the purposes of this Act.(2) The authorised adoption agency must comply with any directives issued by the Guardian-in-Adoption.

(3) Subject to subsections (4) and (5) and the regulations, an authorisation under subsection (1) is for the period specified by the Minister.

(4) Subject to the regulations, the Minister may, with the agreement of an authorised adoption agency, extend the authorisation of the authorised adoption agency for one or more times, by the period specified by the Minister each time.

(5) The Minister may cancel the authorisation of an authorised adoption agency before the expiry of the authorisation.

(6) Despite the expiry of the authorisation of an adoption agency or a fostering agency, the Minister may allow the adoption agency or fostering agency to exercise a power, or direct the adoption agency or fostering agency to carry out any function or duty, under this Act in any particular case or generally, and on any terms that the Minister may specify, in which case any reference in this Act to an authorised adoption agency includes a reference to that adoption agency or fostering agency.

(7) The Guardian-in-Adoption must cause to be published on the Internet website prescribed by the regulations the name, Unique Entity Number (UEN), and address of the place of business or the registered address, of every authorised adoption agency.

(8) The regulations may provide for matters relating to the authorisation of adoption agencies and fostering agencies and authorised adoption agencies, including the following:(a)

the criteria and procedure for an authorisation under subsection (1);

(b)

the criteria and procedure for the extension of an authorisation under subsection (4);

(c)

the duration of an authorisation under subsection (1) and the maximum period of each extension under subsection (4);

(d)

the grounds and procedure for the cancellation of an authorisation under subsection (5);

(e)

the keeping and retention of records and documents produced or received by authorised adoption agencies in the course of the performance or discharge of their functions and duties under this Act, the destruction or disposal of those records and documents, and the transfer of those records and documents kept and retained by an adoption agency or a fostering agency upon the cancellation of the adoption agency’s or fostering agency’s authorisation.

—(1) The Minister may, with the agreement of an adoption agency or a fostering agency and subject to any terms that the Minister may specify, authorise the adoption agency or fostering agency as an authorised adoption agency for the purposes of this Act.

(2) The authorised adoption agency must comply with any directives issued by the Guardian-in-Adoption.

(3) Subject to subsections (4) and (5) and the regulations, an authorisation under subsection (1) is for the period specified by the Minister.

(4) Subject to the regulations, the Minister may, with the agreement of an authorised adoption agency, extend the authorisation of the authorised adoption agency for one or more times, by the period specified by the Minister each time.

(5) The Minister may cancel the authorisation of an authorised adoption agency before the expiry of the authorisation.

(6) Despite the expiry of the authorisation of an adoption agency or a fostering agency, the Minister may allow the adoption agency or fostering agency to exercise a power, or direct the adoption agency or fostering agency to carry out any function or duty, under this Act in any particular case or generally, and on any terms that the Minister may specify, in which case any reference in this Act to an authorised adoption agency includes a reference to that adoption agency or fostering agency.

(7) The Guardian-in-Adoption must cause to be published on the Internet website prescribed by the regulations the name, Unique Entity Number (UEN), and address of the place of business or the registered address, of every authorised adoption agency.

(8) The regulations may provide for matters relating to the authorisation of adoption agencies and fostering agencies and authorised adoption agencies, including the following:(a)

the criteria and procedure for an authorisation under subsection (1);

(b)

the criteria and procedure for the extension of an authorisation under subsection (4);

(c)

the duration of an authorisation under subsection (1) and the maximum period of each extension under subsection (4);

(d)

the grounds and procedure for the cancellation of an authorisation under subsection (5);

(e)

the keeping and retention of records and documents produced or received by authorised adoption agencies in the course of the performance or discharge of their functions and duties under this Act, the destruction or disposal of those records and documents, and the transfer of those records and documents kept and retained by an adoption agency or a fostering agency upon the cancellation of the adoption agency’s or fostering agency’s authorisation.