18. AAR 47 contains provisions to deal with cases where a variation from the terms of a contact order under section 26 of the Act may be appropriate or necessary. Under section 27 of the Act such a variation may be by unilateral decision of the agency, for a maximum of seven days, or by agreement with all those affected.

19. Where the agency decides under section 27(2) of the Act to refuse to allow the contact that would be required by an order made under section 26 of the Act, it is required by AAR 47 to inform the persons specified in AAR 47.3 as soon as the decision is made. The agency is also required to notify them in writing of the decision, the date of the decision, the reasons for the decision and the duration of the period. Unless the case is urgent, the appropriate course is for the agency, if it cannot reach agreement as set out below, to apply to the court under section 27(1) for a variation or revocation of the order.

20. AAR 47.2 sets out the steps that must be taken when the agency and a person entitled to contact under a section 26 order reach an agreement to vary the arrangements for contact. Any agreement is subject to the following conditions:

  • where the child is of sufficient age and understanding, subject to their agreement;
  • where the child is placed for adoption, subject to consultation before the agreement is reached, with the prospective adopter; and
  • written confirmation by the agency to the persons specified in AAR 47.3 of the terms of that agreement.

21. The people specified in AAR 47.3 are:

  • the child, if the agency considers they are of sufficient age and understanding;
  • the person who had provision for contact under section 26; and
  • the prospective adopter, if the child is placed for adoption.