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Wednesday, 1 July 1998
Page: 4641


Senator BROWNHILL (6:44 PM) —I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard .

Leave granted.

The speech read as follows

The Family Law Amendment Bill (No.1) makes two changes to the Family Law Act 1975 to facilitate Australia's international arrangements on intercountry adoption.

For many years State and Territory governments have operated programs with other countries to bring children to Australia by Australian parents. The government understand that some 300 children are adopted each year under these programs.

In recent years the Victorian Department of Human Services has been negotiating with authorities in the People's Republic of China to establish a new bi-lateral agreement on adoption of children from that country by Australian parents. Unfortunately the conclusion of an agreement has been delayed because of concern on the part of Chinese authorities that adoption decisions made under Chinese law are not given automatic recognition under Australian law. There is no consistent mechanism in Australian State and Territory law for automatic recognition of overseas adoptions.

This bill will amend the Family Law Act to enable regulations to be made giving automatic recognition to adoption decisions made under the law of prescribed jurisdictions. At this time, the jurisdictions which will be prescribed is the People's Republic of China. However in future, if State and Territory Governments agree, it will be possible for further regulations to be made prescribing other jurisdictions.

The bill will also amend the Family Law Act to facilitate arrangements for implementation of the Hague Convention on Intercountry Adoption. The Minister for Foreign Affairs, the Honourable Alexander Downer. MP, tabled the Convention in Parliament on the first of April this year. Arrangements for implementation of the Convention have been developed by the Commonwealth Government in consultation with State and Territory Governments. State and Territory Governments have proposed that certain State and Territory Courts exercise jurisdiction to make adoption decisions under the Convention. Existing provisions in the Family Law Act permit jurisdiction to be conferred on some but not all of the relevant State and Territory Courts. The bill will amend the Act to enable regulations to be made to deal comprehensively with the conferral of jurisdiction on courts in intercountry adoption matters.

The amendments made by the bill have no financial impact.

On 6 April this year, the Leader of the Government in the Senate, in answer to a question from Senator Harradine, expressed the hope that these amendments can be passed in time for the implementation later this year of both the Hague Convention and the proposed bi-lateral agreement with the People's Republic of China.

I commend the bill to the Senate.

Debate (on motion by Senator McKiernan) adjourned.