8. Guardian-in-Adoption

The Minister may appoint a public officer to be the Guardian‑in‑Adoption.

The Guardian-in-Adoption has the general duty of safeguarding the welfare of any child for whom an adoptive parent is being sought, including a child before the court.

The Guardian-in-Adoption is to exercise any of his or her powers or perform his or her duties under this Act subject to the general or special directions of the Minister.

Subject to subsection (5), the Guardian‑in‑Adoption may delegate the exercise or performance of all or any of the powers conferred or duties imposed on the Guardian‑in‑Adoption by or under this Act to any public officer or (with the written approval of the Minister) to any other individual, except the power of delegation under this subsection and the power of appointment under section 9.

Any delegation under subsection (4) may be general or in a particular case and may be subject to any conditions or limitations specified by the Guardian‑in‑Adoption.

Unless the context otherwise requires, any reference in this Act to the Guardian‑in‑Adoption includes a reference to a delegate under subsection (4).

A delegate under subsection (4) is taken to be a public servant within the meaning of the Penal Code 1871 when exercising a power under this Act or in the course of performing a duty as the Guardian‑in‑Adoption.