Children and Young People (Safety) (Miscellaneous) Amendment Bill 2020

Amendment No 1 [ChildPro–2]—

Clause 22, page 16, line 19 to page 17, line 9 [clause 22, inserted section 113I]—

Delete inserted section 113I and substitute:

113I—Consent of child or young person

    (1)     An adoption order contemplated by this Chapter will not be made in relation to a child or young person over the age of 12 years unless—

     (a)     the child or young person has consented to the adoption; and

    (b)     25 days have elapsed since the giving of consent; and

     (c)     the Court is satisfied, after interviewing the child or young person in private, that the child or young person's consent is genuine and the child or young person does not wish to revoke it.

    (2)     The consent of a child or young person—

     (a)     must be in writing; and

    (b)     must be witnessed in accordance with the regulations; and

     (c)     must be endorsed by a person authorised by the Chief Executive to make such an endorsement with a statement to the effect that the child or young person has been counselled by that person.

    (3)     The Court may, on application by the Chief Executive or a party to the adoption (including the child), dispense with the consent of a child or young person where it appears to the Court that the child or young person is intellectually incapable of giving consent.

Amendment No 2 [ChildPro–2]—

Clause 22, page 17, after line 27 [clause 22, inserted section 113K]—

Insert:

    (4)     In determining whether to make an adoption order contemplated by this Chapter, the Court must take into account any views expressed by the child or young person under this section.

    (5)     The Court may determine the weight to be given to views expressed by a child or young person under this section, taking into account the age of the child or young person and any other factors the Court considers relevant.