Australian Press Council Submission to the NSW government - Review of the Adoption Act 2000

24 May 2006

Executive Summary

The government of NSW should aim toward the uniformity of adoption legislation throughout Australia. With regard to the publication of the names of parties involved in adoption proceedings, the Australian Press Council believes that section 180 of the Adoption Act 2000 should be brought into line with section 121 of the Victorian Adoption Act 1984. This would involve the insertion of a clause which would permit the publication of names of parties where those parties have given their consent.

Submission

The Australian Press Council is the self-regulatory body of the print media. It was established in 1976 with two main aims: to help preserve the traditional freedom of the press within Australia and to ensure that the free press acts responsibly and ethically. The objects of the Press Council are to promote freedom of speech through responsible and independent print media, and adherence to high journalistic and editorial standards.

The Press Council is grateful for being given an opportunity to make a contribution to the current review of the NSW Adoption Act 2000. The Press Council recognizes the importance of discretion and confidentiality in relation to adoption matters. However, the Press Council is also appreciative of the objectives, as set down in chapter two of the Act, which refer to the aims of encouraging openness and allowing access to certain information.

Although there are a number of provisions in the Act which deal with information, the Press Council is in this submission only concerned with section 180. This section prohibits the publication of material which would enable the identification of persons associated with adoption:

180 Restriction on publication of identity of parties

(1) A person must not publish in relation to an application under this Act or under a law of another State for the adoption of a child or in relation to the proceedings on such an application:

(a) the name of an applicant, the child, or the father or mother or a guardian of the child, or

(b) any matter reasonably likely to enable any of those persons to be identified.

The Press Council accepts the need to protect the privacy of parties concerned with the adoption process. However, we would like to draw to the government's attention the fact that there is some inconsistency between section 180 of the New South Wales legislation and section 121 of the Victorian legislation.

Section 121 of the Adoption Act 1984 (Vic) also places restrictions upon the publication of material which would identify the parties involved in adoption. However, unlike the NSW provision, section 121 also includes a clause which permits publication where the parties have consented:

121 Restriction on publication of identity of parties

...

(2) At any time other than the prohibited period, a person must not publish, or cause to be published, in a newspaper or periodical, or by means of broadcasting or television, any matter that identifies a person as, or is reasonably likely to enable any person to be identified as, a party to an adoption unless the last-mentioned person has given consent to the publication.

Due to the contemporary media environment, in which publication is not confined to a single jurisdiction but frequently takes place across several jurisdictions or via the Internet, an inconsistency in the regulatory restrictions placed on publication prevents publication across all jurisdictions.

There may be instances where parties to an adoption seek the assistance of the media for various reasons, particularly in relation to attempts at reunification with family members. However, the assistance of the media is only possible where the legislation permits it.

In the interests of harmony across jurisdictions, and in order to facilitate the utilisation of the media, where appropriate, for the purposes of assisting family reunion, the Australian Press Council respectfully requests that the NSW legislation be brought into line with the Victorian legislation, by the insertion of a clause similar to that found in section 121 of the Victorian Adoption Act, which permits the publication of material which would identify a party involved in adoption, provided that the party has consented to such publication.

see also
Index of privacy material on the website

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