§ 19 — Powers to direct and request assessments, etc., for purposes of ASA

19.—(1) The powers set out in subsection (2) may be exercised by the following persons for the corresponding purposes:(a)

an authorised adoption agency — for the purpose of preparing an ASA or deciding whether to vary or revoke an ASA;

(b)

the Guardian-in-Adoption — for the purpose of deciding whether to vary or revoke an ASA or to direct an authorised adoption agency to vary or revoke an ASA.

(2) The powers mentioned in subsection (1) are as follows:(a)

to direct any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that is in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or

(ii)

to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(b)

to request any relative or member of the household of any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment that is, in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or

(ii)

to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(c)

where the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) has reason to believe that a particular person can provide any information or document that is relevant to a purpose mentioned in subsection (1)(a) or (b) (as the case may be) — to request that person to provide the information or document.

(3) Where any joint applicant or the sole applicant for or issued with an ASA fails to comply with any direction given by an authorised adoption agency under subsection (2)(a) for a purpose mentioned in subsection (1)(a), the authorised adoption agency may —(a)

draw any adverse inference against the joint applicants or sole applicant when preparing the ASA or deciding whether to vary or revoke the ASA, as the case may be; or

(b)

solely on the basis of the failure —(i)

issue an unfavourable ASA;

(ii)

in a case where the ASA is favourable at the time of issue — vary or revoke the ASA; or

(iii)

in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA.

(4) Where any joint applicant or the sole applicant (as the case may be) issued with an ASA fails to comply with any direction given by the Guardian‑in‑Adoption under subsection (2)(a) for a purpose mentioned in subsection (1)(b), the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the joint applicants or sole applicant (as the case may be) when deciding whether to vary or revoke the ASA or whether to direct the authorised adoption agency to vary or revoke the ASA; or

(b)

solely on the basis of the failure —(i)

in a case where the ASA is favourable at the time of issue — vary or revoke the ASA or direct the authorised adoption agency to vary or revoke the ASA; or

(ii)

in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA or to direct the authorised adoption agency to vary the ASA.

(5) An authorised adoption agency and the Guardian‑in‑Adoption are not personally liable, and the Government is not liable, for —(a)

the cost of any assessment directed or requested under subsection (2); or

(b)

the cost of obtaining or providing any report of any assessment directed or requested under subsection (2).

(6) An individual cannot rely on —(a)

the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or

(b)

any rule of law relating to legal professional privilege or any other privilege, or the public interest,

to refuse to provide any information or document directed to be provided under subsection (2)(a)(ii).

(7) For the purposes of this section, an unfavourable ASA is an ASA that is not a favourable ASA according to section 14(1).

—(1) The powers set out in subsection (2) may be exercised by the following persons for the corresponding purposes:(a)

an authorised adoption agency — for the purpose of preparing an ASA or deciding whether to vary or revoke an ASA;

(b)

the Guardian-in-Adoption — for the purpose of deciding whether to vary or revoke an ASA or to direct an authorised adoption agency to vary or revoke an ASA.

(2) The powers mentioned in subsection (1) are as follows:(a)

to direct any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that is in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or

(ii)

to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(b)

to request any relative or member of the household of any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment that is, in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or

(ii)

to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(c)

where the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) has reason to believe that a particular person can provide any information or document that is relevant to a purpose mentioned in subsection (1)(a) or (b) (as the case may be) — to request that person to provide the information or document.

(3) Where any joint applicant or the sole applicant for or issued with an ASA fails to comply with any direction given by an authorised adoption agency under subsection (2)(a) for a purpose mentioned in subsection (1)(a), the authorised adoption agency may —(a)

draw any adverse inference against the joint applicants or sole applicant when preparing the ASA or deciding whether to vary or revoke the ASA, as the case may be; or

(b)

solely on the basis of the failure —(i)

issue an unfavourable ASA;

(ii)

in a case where the ASA is favourable at the time of issue — vary or revoke the ASA; or

(iii)

in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA.

(4) Where any joint applicant or the sole applicant (as the case may be) issued with an ASA fails to comply with any direction given by the Guardian‑in‑Adoption under subsection (2)(a) for a purpose mentioned in subsection (1)(b), the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the joint applicants or sole applicant (as the case may be) when deciding whether to vary or revoke the ASA or whether to direct the authorised adoption agency to vary or revoke the ASA; or

(b)

solely on the basis of the failure —(i)

in a case where the ASA is favourable at the time of issue — vary or revoke the ASA or direct the authorised adoption agency to vary or revoke the ASA; or

(ii)

in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA or to direct the authorised adoption agency to vary the ASA.

(5) An authorised adoption agency and the Guardian‑in‑Adoption are not personally liable, and the Government is not liable, for —(a)

the cost of any assessment directed or requested under subsection (2); or

(b)

the cost of obtaining or providing any report of any assessment directed or requested under subsection (2).

(6) An individual cannot rely on —(a)

the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or

(b)

any rule of law relating to legal professional privilege or any other privilege, or the public interest,

to refuse to provide any information or document directed to be provided under subsection (2)(a)(ii).

(7) For the purposes of this section, an unfavourable ASA is an ASA that is not a favourable ASA according to section 14(1).