(5) If a man or woman living in a de facto S. 4(5) relationship is also married, a reference in this Act inserted by No. 72/1997 (except section 55) to a spouse of such a man or s. 3(2). woman (as the case requires) does not include a reference to the spouse to whom the man or woman is married. (6) A reference in this Act to a spouse includes a S. 4(6) inserted by reference to a man or woman referred to in No. 72/1997 section 11(1)(a) or (b). s. 3(2). 5 Approved counsellors (1) Subject to subsection (2), the Secretary may, by S. 5(1) amended by notice published in the Government Gazette, No. 46/1998 approve a person as a counsellor for the purposes s. 7(Sch. 1). of this Act and may by notice so published revoke any such approval. (2) The Secretary shall not approve a person as a S. 5(2) amended by counsellor under subsection (1) unless the person No. 46/1998 is— s. 7(Sch. 1). (a) an officer or employee of the Department of S. 5(2)(a) amended by Health and Human Services; Nos 16/1987 s. 12(Sch. 2 item 1(b)), 46/1998 s. 7(Sch. 1), 32/2015 s. 4(2). (b) employed by an approved agency; or (c) a person who is not such an officer or S. 5(2)(c) amended by employee or so employed but is a person who No. 46/1998 in the opinion of the Secretary has such s. 7(Sch. 1). qualifications and experience as is appropriate for a counsellor for the purposes of this Act. 6 The Court No. 7147 s. 5. (1) The Court having jurisdiction to make an adoption S. 6(1) amended by order or any other order under this Act shall be— No. 3/1986 s. 4(a). (a) the Supreme Court; or
S. 4(5) inserted by No. 72/1997 s. 3(2). (5) If a man or woman living in a de facto relationship is also married, a reference in this Act (except section 55) to a spouse of such a man or woman (as the case requires) does not include a reference to the spouse to whom the man or woman is married. S. 4(6) inserted by No. 72/1997 s. 3(2). (6) A reference in this Act to a spouse includes a reference to a man or woman referred to in section 11(1)(a) or (b). 5 Approved counsellors S. 5(1) amended by No. 46/1998 s. 7(Sch. 1). (1) Subject to subsection (2), the Secretary may, by notice published in the Government Gazette, approve a person as a counsellor for the purposes of this Act and may by notice so published revoke any such approval. S. 5(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Secretary shall not approve a person as a counsellor under subsection (1) unless the person is— S. 5(2)(a) amended by Nos 16/1987 s. 12(Sch. 2 item 1(b)), 46/1998 s. 7(Sch. 1), 32/2015 s. 4(2). (a) an officer or employee of the Department of Health and Human Services; (b) employed by an approved agency; or S. 5(2)(c) amended by No. 46/1998 s. 7(Sch. 1). (c) a person who is not such an officer or employee or so employed but is a person who in the opinion of the Secretary has such qualifications and experience as is appropriate for a counsellor for the purposes of this Act. No. 7147 s. 5. 6 The Court S. 6(1) amended by No. 3/1986 s. 4(a). (1) The Court having jurisdiction to make an adoption order or any other order under this Act shall be— (a) the Supreme Court; or
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