Restricting access to information
The Adoption Act 2009 enables the Queensland Childrens Court to make an order preventing the release of a person’s identifying information, if doing so would create an unacceptable risk of harm.
An application for an order to restrict access to identifying information may be made if the person seeking the information is known to be violent, and previous comments or actions suggest they could harm the other person.
Who can make an application
An application for an order to restrict access to identifying information can be made by:
- an adopted person
- a birth parent
- an adoptive parent
- Adoption Services.
How to make an application
This application can be made and dealt with during court proceedings for a child's adoption, or at any time after an adoption order is made.
The person making the application has to provide evidence to the Queensland Childrens Court demonstrating there would be an unacceptable risk of harm to themselves (other than the department) or to someone else, if the identifying information was provided.
Applying to restrict the release of information can be complex and challenging. Applicants should seek appropriate and independent legal advice to assist them in the process.