Roles of the Commonwealth, States and Territories
The Australian Government Attorney-General's Department, as the Australian Central Authority under the Hague Convention on Intercountry Adoption, is responsible for ensuring that Australia, as a whole, meets its obligations under the Convention. A primary recommendation of the Overseas Adoption in Australia Report was that the Commonwealth, through this Department, take on primary responsibility for the establishment and management of Australia’s intercountry adoption program.
The Department has now taken on responsibility for Australia’s existing intercountry adoption programs and works closely with the State and Territory authorities in this regard. For more information see the Intercountry Adoption Strategic Plan 2008 page.
Summary of Responsibilities
States and Territories continue to be responsible for the processing of individual adoption applications. This means that all intercountry adoption casework including assessment, approval and allocation services continues to be handled by the relevant State or Territory authority. The diagram provides a summary of the roles of the Australian, State and Territory authorities.
A summary of the key roles and responsibilities is outlined below.
Commonwealth responsibilities:
- establish new overseas adoption programs
- manage existing overseas adoption programs
- enable the performance of Australia’s responsibilities under the Hague Convention on Intercountry Adoption, and
- function as the Australian Central Authority under the Hague Convention on Intercountry Adoption.
State and Territory responsibilities:
- prepare and support prospective adoptive parents for intercountry adoptions
- assess adoption applications
- provide advice and assistance about procedural aspects of programs
- provide post-placement support and supervision, and
- function as State and Territory Central Authorities under the Hague Convention.
Commonwealth-State Agreement
The Commonwealth-State Agreement for the Continued Operation of Australia's Intercountry Adoption Program has now been signed by relevant Commonwealth, State and Territory Ministers. The successful renegotiation of the Agreement signals the implementation of a key recommendation from the House of Representatives Standing Committee on Family and Human Services' Report, Overseas Adoption in Australia. A copy of the Attorney-General's media release is available at the Attorney-General’s webpage.
The new Agreement will provide an excellent framework for the Commonwealth Government to work in collaboration with the States and Territories to manage and improve intercountry adoption in Australia. Working groups will now be established through the Community and Disability Services Ministers' Advisory Council to investigate important issues concerning intercountry adoption in Australia. These include the greater harmonisation of intercountry adoption laws, fees and assessment practices and the investigation of alternative models of service delivery. Although accreditation is not an area where the Commonwealth has direct responsibility, this Department will remain proactive and engaged with the States and Territories on this issue.
The program of work anticipated by the new Agreement will involve collaboration and coordination amongst the Commonwealth, States and Territories. Consultation with the intercountry adoption community will take place via the National Peak Overseas Adoption Support Group as appropriate.
