{"id":"qld:act-2020-033","name":"Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020","slug":"meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29577,"registerId":"qld-act-2020-033-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.\n(sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purpose of Act","content":"### sec.4 Main purpose of Act\n\nThe purpose of this Act is to—\nrecognise Ailan Kastom child rearing practice; and\nestablish a process for making applications for, and decisions about, the legal recognition of the practice.\n- (a) recognise Ailan Kastom child rearing practice; and\n- (b) establish a process for making applications for, and decisions about, the legal recognition of the practice.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"How purpose is achieved","content":"### sec.5 How purpose is achieved\n\nThe purpose is to be achieved by providing for the appointment of a commissioner to consider and decide applications for cultural recognition orders.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Main principle","content":"### sec.6 Main principle\n\nThe main principle for administering this Act is that any decision made under this Act in relation to a person who is the subject of an application for a cultural recognition order must be for the wellbeing and best interests of the person.\nWithout limiting subsection (1) —\nin deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters—\nthe need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular;\nthe need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice;\nthe legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice;\nrecognition of the birth parents’ assessment of the suitability of the cultural parents;\ndecisions must be made in a fair, timely and consistent manner;\nany other matter that is directly related to the child’s wellbeing and best interests; and\nin deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to—\nthe matters mentioned in paragraph (a) (i) , (ii) , and (v); and\nthe legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.\n(sec.6-ssec.1) The main principle for administering this Act is that any decision made under this Act in relation to a person who is the subject of an application for a cultural recognition order must be for the wellbeing and best interests of the person.\n(sec.6-ssec.2) Without limiting subsection (1) — in deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters— the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular; the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice; the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice; recognition of the birth parents’ assessment of the suitability of the cultural parents; decisions must be made in a fair, timely and consistent manner; any other matter that is directly related to the child’s wellbeing and best interests; and in deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to— the matters mentioned in paragraph (a) (i) , (ii) , and (v); and the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.\n- (a) in deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters— (i) the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular; (ii) the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice; (iii) the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice; (iv) recognition of the birth parents’ assessment of the suitability of the cultural parents; (v) decisions must be made in a fair, timely and consistent manner; (vi) any other matter that is directly related to the child’s wellbeing and best interests; and\n- (i) the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular;\n- (ii) the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice;\n- (iii) the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice;\n- (iv) recognition of the birth parents’ assessment of the suitability of the cultural parents;\n- (v) decisions must be made in a fair, timely and consistent manner;\n- (vi) any other matter that is directly related to the child’s wellbeing and best interests; and\n- (b) in deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to— (i) the matters mentioned in paragraph (a) (i) , (ii) , and (v); and (ii) the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.\n- (i) the matters mentioned in paragraph (a) (i) , (ii) , and (v); and\n- (ii) the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.\n- (i) the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular;\n- (ii) the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice;\n- (iii) the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice;\n- (iv) recognition of the birth parents’ assessment of the suitability of the cultural parents;\n- (v) decisions must be made in a fair, timely and consistent manner;\n- (vi) any other matter that is directly related to the child’s wellbeing and best interests; and\n- (i) the matters mentioned in paragraph (a) (i) , (ii) , and (v); and\n- (ii) the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of Ailan Kastom child rearing practice","content":"### sec.8 Meaning of Ailan Kastom child rearing practice\n\nAilan Kastom child rearing practice is the practice recognised by Ailan Kastom under which a child’s birth parents and the child’s cultural parents agree in accordance with Ailan Kastom that the parental rights and responsibility for the child are permanently transferred from the birth parents to the cultural parents.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of birth parent","content":"### sec.9 Meaning of birth parent\n\nA birth parent of a child, means a person who is recognised at law as being a parent of the child at the time the child is born.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of cultural parent","content":"### sec.10 Meaning of cultural parent\n\nA cultural parent is a person who, in accordance with Ailan Kastom child rearing practice, agrees to accept the permanent transfer of the parental rights and responsibility for a child from the child’s birth parents to the person.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Commissioner and office of commissioner","content":"# Commissioner and office of commissioner","sortOrder":12},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Commissioner","content":"## Commissioner","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Commissioner","content":"### sec.11 Commissioner\n\nThere is to be a commissioner (Meriba Omasker Kaziw Kazipa).\nThe commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment only if—\nthe person is a Torres Strait Islander; and\nthe Minister is satisfied the person is appropriately qualified.\n(sec.11-ssec.1) There is to be a commissioner (Meriba Omasker Kaziw Kazipa).\n(sec.11-ssec.2) The commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.11-ssec.3) The Minister may recommend a person for appointment only if— the person is a Torres Strait Islander; and the Minister is satisfied the person is appropriately qualified.\n- (a) the person is a Torres Strait Islander; and\n- (b) the Minister is satisfied the person is appropriately qualified.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Commissioner appointed under this Act","content":"### sec.12 Commissioner appointed under this Act\n\nThe commissioner is appointed under this Act and not the Public Sector Act 2022 .\ns 12 amd 2022 No. 34 s 365 sch 3","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Term of appointment","content":"### sec.13 Term of appointment\n\nThe commissioner holds office for the term stated in the commissioner’s instrument of appointment.\nThe term must not be more than 3 years.\nThe commissioner may be reappointed.\n(sec.13-ssec.1) The commissioner holds office for the term stated in the commissioner’s instrument of appointment.\n(sec.13-ssec.2) The term must not be more than 3 years.\n(sec.13-ssec.3) The commissioner may be reappointed.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Conditions of appointment","content":"### sec.14 Conditions of appointment\n\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nThe commissioner holds office on the terms and conditions, not otherwise provided by this Act, that are decided by the Governor in Council.\n(sec.14-ssec.1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.14-ssec.2) The commissioner holds office on the terms and conditions, not otherwise provided by this Act, that are decided by the Governor in Council.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.15 Preservation of rights of commissioner\n\nThis section applies if a public service officer is appointed as the commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office, or on resignation as the commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.15-ssec.1) This section applies if a public service officer is appointed as the commissioner.\n(sec.15-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.15-ssec.3) At the end of the person’s term of office, or on resignation as the commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Leave of absence","content":"### sec.16 Leave of absence\n\nThe Minister may approve a leave of absence for the commissioner.\nThe Minister may appoint another person to act in the office of the commissioner during the leave of absence.\nSubsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\n(sec.16-ssec.1) The Minister may approve a leave of absence for the commissioner.\n(sec.16-ssec.2) The Minister may appoint another person to act in the office of the commissioner during the leave of absence.\n(sec.16-ssec.3) Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Resignation","content":"### sec.17 Resignation\n\nThe commissioner may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.17-ssec.1) The commissioner may resign by signed notice given to the Minister.\n(sec.17-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disclosure of conflict of interests","content":"### sec.18 Disclosure of conflict of interests\n\nIf the commissioner considers that the commissioner can not independently consider and decide a particular application for a cultural recognition order, the commissioner must give the Minister a notice (a disclosure notice ) stating—\nthe particular application in sufficient detail to enable the Minister to identify the application; and\nthe reasons the commissioner is not able to independently consider and decide the application; and\nthat the commissioner will not participate in the process leading to a decision for the application.\nWithout limiting subsection (1) , the commissioner must give a disclosure notice to the Minister if—\nthe commissioner becomes aware of a direct or an indirect interest the commissioner has in the application; and\nthe interest could conflict with the proper performance of the commissioner’s functions and powers.\nIn this section—\ninterest , in relation to an application, includes a familial interest or a financial interest.\n(sec.18-ssec.1) If the commissioner considers that the commissioner can not independently consider and decide a particular application for a cultural recognition order, the commissioner must give the Minister a notice (a disclosure notice ) stating— the particular application in sufficient detail to enable the Minister to identify the application; and the reasons the commissioner is not able to independently consider and decide the application; and that the commissioner will not participate in the process leading to a decision for the application.\n(sec.18-ssec.2) Without limiting subsection (1) , the commissioner must give a disclosure notice to the Minister if— the commissioner becomes aware of a direct or an indirect interest the commissioner has in the application; and the interest could conflict with the proper performance of the commissioner’s functions and powers.\n(sec.18-ssec.3) In this section— interest , in relation to an application, includes a familial interest or a financial interest.\n- (a) the particular application in sufficient detail to enable the Minister to identify the application; and\n- (b) the reasons the commissioner is not able to independently consider and decide the application; and\n- (c) that the commissioner will not participate in the process leading to a decision for the application.\n- (a) the commissioner becomes aware of a direct or an indirect interest the commissioner has in the application; and\n- (b) the interest could conflict with the proper performance of the commissioner’s functions and powers.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Effect of disclosure notice","content":"### sec.19 Effect of disclosure notice\n\nAs soon as practicable after the Minister receives a disclosure notice, the Minister must appoint a person (the appointed person ), other than the commissioner, to decide the application.\nThe Minister may appoint a person as an appointed person if the Minister is satisfied the person is appropriately qualified.\nThe appointed person must—\nconsider and decide the application under part 5 as if the appointed person had the powers and functions of the commissioner; and\ngive a statement of reasons for the decision to—\neach party to the application; and\nthe commissioner.\nThe appointed person’s decision—\nis taken to be a decision of the commissioner; and\ntakes effect as if the decision were the commissioner’s decision.\n(sec.19-ssec.1) As soon as practicable after the Minister receives a disclosure notice, the Minister must appoint a person (the appointed person ), other than the commissioner, to decide the application.\n(sec.19-ssec.2) The Minister may appoint a person as an appointed person if the Minister is satisfied the person is appropriately qualified.\n(sec.19-ssec.3) The appointed person must— consider and decide the application under part 5 as if the appointed person had the powers and functions of the commissioner; and give a statement of reasons for the decision to— each party to the application; and the commissioner.\n(sec.19-ssec.4) The appointed person’s decision— is taken to be a decision of the commissioner; and takes effect as if the decision were the commissioner’s decision.\n- (a) consider and decide the application under part 5 as if the appointed person had the powers and functions of the commissioner; and\n- (b) give a statement of reasons for the decision to— (i) each party to the application; and (ii) the commissioner.\n- (i) each party to the application; and\n- (ii) the commissioner.\n- (i) each party to the application; and\n- (ii) the commissioner.\n- (a) is taken to be a decision of the commissioner; and\n- (b) takes effect as if the decision were the commissioner’s decision.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacancy in office","content":"### sec.20 Vacancy in office\n\nThe office of the commissioner becomes vacant if the commissioner—\ngives notice of resignation under section 17 ; or\nis convicted of an indictable offence; or\nis removed from office by the Governor in Council under subsection (3) .\nAlso, if the commissioner is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\nThe Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister.\nThe Minister may recommend the commissioner’s removal if the Minister is satisfied the commissioner—\nis guilty of misconduct; or\nis incapable of performing the functions or exercising the powers of the office of the commissioner; or\nhas neglected the functions or powers of the office of the commissioner or performed or exercised them incompetently.\nThe Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if—\nthere is an allegation of misconduct against the commissioner; or\nthe Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\n(sec.20-ssec.1) The office of the commissioner becomes vacant if the commissioner— gives notice of resignation under section 17 ; or is convicted of an indictable offence; or is removed from office by the Governor in Council under subsection (3) .\n(sec.20-ssec.2) Also, if the commissioner is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\n(sec.20-ssec.3) The Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister.\n(sec.20-ssec.4) The Minister may recommend the commissioner’s removal if the Minister is satisfied the commissioner— is guilty of misconduct; or is incapable of performing the functions or exercising the powers of the office of the commissioner; or has neglected the functions or powers of the office of the commissioner or performed or exercised them incompetently.\n(sec.20-ssec.5) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\n- (a) gives notice of resignation under section 17 ; or\n- (b) is convicted of an indictable offence; or\n- (c) is removed from office by the Governor in Council under subsection (3) .\n- (a) is guilty of misconduct; or\n- (b) is incapable of performing the functions or exercising the powers of the office of the commissioner; or\n- (c) has neglected the functions or powers of the office of the commissioner or performed or exercised them incompetently.\n- (a) there is an allegation of misconduct against the commissioner; or\n- (b) the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Acting commissioner","content":"### sec.21 Acting commissioner\n\nIf there is a vacancy in the office of the commissioner or the commissioner is absent for any other reason or is unable to perform the functions of the office, the Minister may appoint a person to act as the commissioner for a period of not more than 6 months.\nA person may only be appointed to act as the commissioner if the Minister is satisfied the person is appropriately qualified.\n(sec.21-ssec.1) If there is a vacancy in the office of the commissioner or the commissioner is absent for any other reason or is unable to perform the functions of the office, the Minister may appoint a person to act as the commissioner for a period of not more than 6 months.\n(sec.21-ssec.2) A person may only be appointed to act as the commissioner if the Minister is satisfied the person is appropriately qualified.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Functions","content":"### sec.22 Functions\n\nThe commissioner has the following functions—\nto independently consider and decide each application for a cultural recognition order;\nto ensure the proper, efficient and effective performance of the office;\nto provide advice, or make recommendations, to the Minister about the operation of this Act and the office;\nto promote public awareness of the commissioner’s functions and the office;\nto advise the registrar of each cultural recognition order made by the commissioner;\nany other function conferred on the commissioner under this Act or another Act.\n- (a) to independently consider and decide each application for a cultural recognition order;\n- (b) to ensure the proper, efficient and effective performance of the office;\n- (c) to provide advice, or make recommendations, to the Minister about the operation of this Act and the office;\n- (d) to promote public awareness of the commissioner’s functions and the office;\n- (e) to advise the registrar of each cultural recognition order made by the commissioner;\n- (f) any other function conferred on the commissioner under this Act or another Act.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Obligation in performing functions","content":"### sec.23 Obligation in performing functions\n\nThe commissioner must, in performing the commissioner’s functions, act in accordance with the main principle of this Act.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Powers","content":"### sec.24 Powers\n\nThe commissioner has power to do all things necessary or convenient to perform the commissioner’s functions.","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"Commissioner not subject to direction","content":"### sec.25 Commissioner not subject to direction\n\nThe commissioner is not subject to direction by any person about the way the commissioner performs the commissioner’s functions or exercises the commissioner’s powers.","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Office of the commissioner","content":"## Office of the commissioner","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Office of the commissioner","content":"### sec.26 Office of the commissioner\n\nAn office called the Office of the Commissioner (Meriba Omasker Kaziw Kazipa) is established.\nThe office’s function is to help the commissioner perform the commissioner’s functions.\nThe office consists of the commissioner and the officers of the office.\n(sec.26-ssec.1) An office called the Office of the Commissioner (Meriba Omasker Kaziw Kazipa) is established.\n(sec.26-ssec.2) The office’s function is to help the commissioner perform the commissioner’s functions.\n(sec.26-ssec.3) The office consists of the commissioner and the officers of the office.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Control of the office","content":"### sec.27 Control of the office\n\nThe commissioner controls the office.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Officers","content":"### sec.28 Officers\n\nOfficers of the office are appointed under the Public Sector Act 2022 .\ns 28 amd 2022 No. 34 s 365 sch 3","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Officers not subject to outside direction","content":"### sec.29 Officers not subject to outside direction\n\nAn officer of the office is not subject to direction by any person, other than from within the office, about the way the commissioner’s functions or powers under this Act are performed or exercised.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Staffing arrangements and administrative support","content":"### sec.30 Staffing arrangements and administrative support\n\nThe commissioner may ask the chief executive to give or make available to the office the administrative support services and facilities the office requires to perform its functions effectively.\nThe commissioner may arrange with the chief executive for the services of officers or employees of the department to be made available to the commissioner.\nAn officer or employee whose services are made available under subsection (2) —\ncontinues to be an officer or employee of the department; and\ncontinues to be employed or otherwise engaged by the department on the same terms and conditions applying to the officer or employee before the services were made available; and\nis, for the period the services are made available and for carrying out the office’s functions, taken to be an officer of the office.\n(sec.30-ssec.1) The commissioner may ask the chief executive to give or make available to the office the administrative support services and facilities the office requires to perform its functions effectively.\n(sec.30-ssec.2) The commissioner may arrange with the chief executive for the services of officers or employees of the department to be made available to the commissioner.\n(sec.30-ssec.3) An officer or employee whose services are made available under subsection (2) — continues to be an officer or employee of the department; and continues to be employed or otherwise engaged by the department on the same terms and conditions applying to the officer or employee before the services were made available; and is, for the period the services are made available and for carrying out the office’s functions, taken to be an officer of the office.\n- (a) continues to be an officer or employee of the department; and\n- (b) continues to be employed or otherwise engaged by the department on the same terms and conditions applying to the officer or employee before the services were made available; and\n- (c) is, for the period the services are made available and for carrying out the office’s functions, taken to be an officer of the office.","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Office not a statutory body for particular Acts","content":"### sec.31 Office not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the office is not a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":35},{"sectionNumber":"pt.4","sectionType":"part","heading":"Applications for cultural recognition orders","content":"# Applications for cultural recognition orders","sortOrder":36},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Eligibility and criteria","content":"## Eligibility and criteria","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Preliminary criteria for making application for cultural recognition order","content":"### sec.32 Preliminary criteria for making application for cultural recognition order\n\nAn application for a cultural recognition order about a person may be made only if—\nat least 1 birth parent is a Torres Strait Islander; and\nthe person’s birth was registered in Queensland; and\nat the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander.\nAlso, an application for a cultural recognition order about a person who is a child at the time the application is made may be made only—\nby each of the child’s birth parents and cultural parents; and\nif each applicant is an adult; and\n30 days, or more, after the child’s birth is registered.\nFor subsection (2) , nothing prevents the application from being made if—\na birth parent or cultural parent is deceased; or\nat the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.\nHowever, if a birth parent or cultural parent is deceased, the application can be made only if—\nat least 1 birth parent is an applicant for the order; and\nat least 1 cultural parent is an applicant for the order.\nAn application for a cultural recognition order about a person who is an adult at the time the application is made only by the person.\nFor subsection (5) nothing prevents the application from being made if—\na birth parent or cultural parent is deceased; or\nat the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.\n(sec.32-ssec.1) An application for a cultural recognition order about a person may be made only if— at least 1 birth parent is a Torres Strait Islander; and the person’s birth was registered in Queensland; and at the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander.\n(sec.32-ssec.2) Also, an application for a cultural recognition order about a person who is a child at the time the application is made may be made only— by each of the child’s birth parents and cultural parents; and if each applicant is an adult; and 30 days, or more, after the child’s birth is registered.\n(sec.32-ssec.3) For subsection (2) , nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.\n(sec.32-ssec.4) However, if a birth parent or cultural parent is deceased, the application can be made only if— at least 1 birth parent is an applicant for the order; and at least 1 cultural parent is an applicant for the order.\n(sec.32-ssec.5) An application for a cultural recognition order about a person who is an adult at the time the application is made only by the person.\n(sec.32-ssec.6) For subsection (5) nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.\n- (a) at least 1 birth parent is a Torres Strait Islander; and\n- (b) the person’s birth was registered in Queensland; and\n- (c) at the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander.\n- (a) by each of the child’s birth parents and cultural parents; and\n- (b) if each applicant is an adult; and\n- (c) 30 days, or more, after the child’s birth is registered.\n- (a) a birth parent or cultural parent is deceased; or\n- (b) at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.\n- (a) at least 1 birth parent is an applicant for the order; and\n- (b) at least 1 cultural parent is an applicant for the order.\n- (a) a birth parent or cultural parent is deceased; or\n- (b) at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Making an application","content":"### sec.33 Making an application\n\nAn application for a cultural recognition order must be—\nmade in the approved form; and\nif the person the subject of the application is a child— accompanied by—\na certified copy of the child’s birth certificate; and\nif a final adoption order has been made in relation to the child under the Adoption Act 2009 , part 9 —a copy of that order; and\nif an order has been made in relation to the child under the Family Law Act 1975 (Cwlth) —a copy of that order; and\nif an order has been made in relation to the child under the Child Protection Act 1999 —a copy of that order; and\nthe statements or information required under section 34 ; and\nany other document or information prescribed by regulation; and\nif the person the subject of the application is an adult—accompanied by—\na certified copy of the person’s birth certificate; and\nthe statements or information required under section 34 .\nSome requirements may be dispensed with if a court makes a dispensation order under section 52 .\nThe commissioner must make a record of each application.\n(sec.33-ssec.1) An application for a cultural recognition order must be— made in the approved form; and if the person the subject of the application is a child— accompanied by— a certified copy of the child’s birth certificate; and if a final adoption order has been made in relation to the child under the Adoption Act 2009 , part 9 —a copy of that order; and if an order has been made in relation to the child under the Family Law Act 1975 (Cwlth) —a copy of that order; and if an order has been made in relation to the child under the Child Protection Act 1999 —a copy of that order; and the statements or information required under section 34 ; and any other document or information prescribed by regulation; and if the person the subject of the application is an adult—accompanied by— a certified copy of the person’s birth certificate; and the statements or information required under section 34 . Some requirements may be dispensed with if a court makes a dispensation order under section 52 .\n(sec.33-ssec.2) The commissioner must make a record of each application.\n- (a) made in the approved form; and\n- (b) if the person the subject of the application is a child— accompanied by— (i) a certified copy of the child’s birth certificate; and (ii) if a final adoption order has been made in relation to the child under the Adoption Act 2009 , part 9 —a copy of that order; and (iii) if an order has been made in relation to the child under the Family Law Act 1975 (Cwlth) —a copy of that order; and (iv) if an order has been made in relation to the child under the Child Protection Act 1999 —a copy of that order; and (v) the statements or information required under section 34 ; and (vi) any other document or information prescribed by regulation; and\n- (i) a certified copy of the child’s birth certificate; and\n- (ii) if a final adoption order has been made in relation to the child under the Adoption Act 2009 , part 9 —a copy of that order; and\n- (iii) if an order has been made in relation to the child under the Family Law Act 1975 (Cwlth) —a copy of that order; and\n- (iv) if an order has been made in relation to the child under the Child Protection Act 1999 —a copy of that order; and\n- (v) the statements or information required under section 34 ; and\n- (vi) any other document or information prescribed by regulation; and\n- (c) if the person the subject of the application is an adult—accompanied by— (i) a certified copy of the person’s birth certificate; and (ii) the statements or information required under section 34 .\n- (i) a certified copy of the person’s birth certificate; and\n- (ii) the statements or information required under section 34 .\n- (i) a certified copy of the child’s birth certificate; and\n- (ii) if a final adoption order has been made in relation to the child under the Adoption Act 2009 , part 9 —a copy of that order; and\n- (iii) if an order has been made in relation to the child under the Family Law Act 1975 (Cwlth) —a copy of that order; and\n- (iv) if an order has been made in relation to the child under the Child Protection Act 1999 —a copy of that order; and\n- (v) the statements or information required under section 34 ; and\n- (vi) any other document or information prescribed by regulation; and\n- (i) a certified copy of the person’s birth certificate; and\n- (ii) the statements or information required under section 34 .","sortOrder":39},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Documents and signed statements","content":"## Documents and signed statements","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application to include particular documents and information","content":"### sec.34 Application to include particular documents and information\n\nAn application for a cultural recognition order about a person who is a child at the time the application is made must include—\na signed statement from each birth parent addressing the matters mentioned in section 35 ; and\na signed statement from each cultural parent addressing the matters mentioned in section 36 ; and\na signed statement from the birth parents’ nominated informed person and the cultural parents’ nominated informed person addressing the matters mentioned in section 38 ; and\nif the child has an other carer—a signed statement from the other carer addressing the matters mentioned in section 39 .\nAlso, the application may be accompanied by any other information or document the applicant reasonably considers may help the commissioner in deciding whether to make a cultural recognition order.\nAn application for a cultural recognition order about a person who is an adult at the time of the application must include—\na signed statement from the person addressing the matters mentioned in section 37 ; and\na signed statement from each birth parent addressing the matters mentioned in section 35 (1) (a) , (b) , (f) , (g) and (h) ; and\na signed statement from each cultural parent addressing the matters mentioned in section 36 (1) (a) , (b) , (e) , (f) and (j) ; and\na signed statement from the birth parents’ nominated informed person and cultural parents’ nominated informed person addressing the matters mentioned in section 38 .\nAlso, the application may be accompanied by any other information or document the applicant reasonably considers may help the commissioner in deciding whether to make a cultural recognition order.\n(sec.34-ssec.1) An application for a cultural recognition order about a person who is a child at the time the application is made must include— a signed statement from each birth parent addressing the matters mentioned in section 35 ; and a signed statement from each cultural parent addressing the matters mentioned in section 36 ; and a signed statement from the birth parents’ nominated informed person and the cultural parents’ nominated informed person addressing the matters mentioned in section 38 ; and if the child has an other carer—a signed statement from the other carer addressing the matters mentioned in section 39 .\n(sec.34-ssec.2) Also, the application may be accompanied by any other information or document the applicant reasonably considers may help the commissioner in deciding whether to make a cultural recognition order.\n(sec.34-ssec.3) An application for a cultural recognition order about a person who is an adult at the time of the application must include— a signed statement from the person addressing the matters mentioned in section 37 ; and a signed statement from each birth parent addressing the matters mentioned in section 35 (1) (a) , (b) , (f) , (g) and (h) ; and a signed statement from each cultural parent addressing the matters mentioned in section 36 (1) (a) , (b) , (e) , (f) and (j) ; and a signed statement from the birth parents’ nominated informed person and cultural parents’ nominated informed person addressing the matters mentioned in section 38 .\n(sec.34-ssec.4) Also, the application may be accompanied by any other information or document the applicant reasonably considers may help the commissioner in deciding whether to make a cultural recognition order.\n- (a) a signed statement from each birth parent addressing the matters mentioned in section 35 ; and\n- (b) a signed statement from each cultural parent addressing the matters mentioned in section 36 ; and\n- (c) a signed statement from the birth parents’ nominated informed person and the cultural parents’ nominated informed person addressing the matters mentioned in section 38 ; and\n- (d) if the child has an other carer—a signed statement from the other carer addressing the matters mentioned in section 39 .\n- (a) a signed statement from the person addressing the matters mentioned in section 37 ; and\n- (b) a signed statement from each birth parent addressing the matters mentioned in section 35 (1) (a) , (b) , (f) , (g) and (h) ; and\n- (c) a signed statement from each cultural parent addressing the matters mentioned in section 36 (1) (a) , (b) , (e) , (f) and (j) ; and\n- (d) a signed statement from the birth parents’ nominated informed person and cultural parents’ nominated informed person addressing the matters mentioned in section 38 .","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Birth parent’s statement","content":"### sec.35 Birth parent’s statement\n\nA birth parent’s signed statement must address the following matters—\nthe nature and details of the Ailan Kastom child rearing practice that occurred;\nthat the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parent to the cultural parents in accordance with Ailan Kastom child rearing practice;\nthe reasons the birth parent considers a cultural recognition order will be in the best interests of the child;\nwhether, to the birth parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;\nthat the birth parent is not aware of any matter that might be detrimental to the wellbeing and best interests of the child;\nthe name and address of a person both birth parents nominate as the informed person for the application;\nthat the birth parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order;\nthat the birth parent gives their informed consent to the application being made.\nWithout limiting subsection (1) (c) , the birth parent’s statement may include the following matters—\nthe nature of any relationship the birth parent has with the child;\nif the birth parent provides any financial support for the child—details of that support;\nif the birth parent is involved in any decisions in relation to the child—details of that involvement.\ndetails of the birth parent’s ability to decide or influence a decision about the child’s education or medical treatment\n(sec.35-ssec.1) A birth parent’s signed statement must address the following matters— the nature and details of the Ailan Kastom child rearing practice that occurred; that the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parent to the cultural parents in accordance with Ailan Kastom child rearing practice; the reasons the birth parent considers a cultural recognition order will be in the best interests of the child; whether, to the birth parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred; that the birth parent is not aware of any matter that might be detrimental to the wellbeing and best interests of the child; the name and address of a person both birth parents nominate as the informed person for the application; that the birth parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order; that the birth parent gives their informed consent to the application being made.\n(sec.35-ssec.2) Without limiting subsection (1) (c) , the birth parent’s statement may include the following matters— the nature of any relationship the birth parent has with the child; if the birth parent provides any financial support for the child—details of that support; if the birth parent is involved in any decisions in relation to the child—details of that involvement. details of the birth parent’s ability to decide or influence a decision about the child’s education or medical treatment\n- (a) the nature and details of the Ailan Kastom child rearing practice that occurred;\n- (b) that the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parent to the cultural parents in accordance with Ailan Kastom child rearing practice;\n- (c) the reasons the birth parent considers a cultural recognition order will be in the best interests of the child;\n- (d) whether, to the birth parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;\n- (e) that the birth parent is not aware of any matter that might be detrimental to the wellbeing and best interests of the child;\n- (f) the name and address of a person both birth parents nominate as the informed person for the application;\n- (g) that the birth parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order;\n- (h) that the birth parent gives their informed consent to the application being made.\n- (a) the nature of any relationship the birth parent has with the child;\n- (b) if the birth parent provides any financial support for the child—details of that support;\n- (c) if the birth parent is involved in any decisions in relation to the child—details of that involvement. Example— details of the birth parent’s ability to decide or influence a decision about the child’s education or medical treatment","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Cultural parent’s statement","content":"### sec.36 Cultural parent’s statement\n\nA cultural parent’s signed statement must address the following matters—\nthe nature and details of the Ailan Kastom child rearing practice that occurred;\nthat the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parents to the cultural parents in accordance with Ailan Kastom child rearing practice;\nthe reasons the cultural parent considers a cultural recognition order will be in the best interests of the child;\nthe period the child has lived with the cultural parent;\nthe name and address of a person both the cultural parents nominate as the informed person for the application;\nthat the cultural parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order;\nwhether, to the cultural parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;\nthat the cultural parent consents to the commissioner—\nrequesting a copy of the cultural parent’s criminal history; and\nrelying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order;\nthat the cultural parent is not aware of any matter that might be detrimental to the well being and best interests of the child;\nthat the cultural parent gives their informed consent to the application being made.\nWithout limiting subsection (1) (c) , the cultural parent’s statement may include the following matters—\nthe nature of any relationship the birth parent has with the child;\nthe nature of the relationship the cultural parent has with the child;\nhow the child refers to the cultural parent and other family members\ndetails of the child’s current living arrangements;\nthe number and ages of other children living with the cultural parent\ndetails of the financial support provided by the cultural parent for the child;\ndetails of how any decision is made in relation to the child.\nwho makes decisions about the child’s education or medical treatment\n(sec.36-ssec.1) A cultural parent’s signed statement must address the following matters— the nature and details of the Ailan Kastom child rearing practice that occurred; that the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parents to the cultural parents in accordance with Ailan Kastom child rearing practice; the reasons the cultural parent considers a cultural recognition order will be in the best interests of the child; the period the child has lived with the cultural parent; the name and address of a person both the cultural parents nominate as the informed person for the application; that the cultural parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order; whether, to the cultural parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred; that the cultural parent consents to the commissioner— requesting a copy of the cultural parent’s criminal history; and relying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order; that the cultural parent is not aware of any matter that might be detrimental to the well being and best interests of the child; that the cultural parent gives their informed consent to the application being made.\n(sec.36-ssec.2) Without limiting subsection (1) (c) , the cultural parent’s statement may include the following matters— the nature of any relationship the birth parent has with the child; the nature of the relationship the cultural parent has with the child; how the child refers to the cultural parent and other family members details of the child’s current living arrangements; the number and ages of other children living with the cultural parent details of the financial support provided by the cultural parent for the child; details of how any decision is made in relation to the child. who makes decisions about the child’s education or medical treatment\n- (a) the nature and details of the Ailan Kastom child rearing practice that occurred;\n- (b) that the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parents to the cultural parents in accordance with Ailan Kastom child rearing practice;\n- (c) the reasons the cultural parent considers a cultural recognition order will be in the best interests of the child;\n- (d) the period the child has lived with the cultural parent;\n- (e) the name and address of a person both the cultural parents nominate as the informed person for the application;\n- (f) that the cultural parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order;\n- (g) whether, to the cultural parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;\n- (h) that the cultural parent consents to the commissioner— (i) requesting a copy of the cultural parent’s criminal history; and (ii) relying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order;\n- (i) requesting a copy of the cultural parent’s criminal history; and\n- (ii) relying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order;\n- (i) that the cultural parent is not aware of any matter that might be detrimental to the well being and best interests of the child;\n- (j) that the cultural parent gives their informed consent to the application being made.\n- (i) requesting a copy of the cultural parent’s criminal history; and\n- (ii) relying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order;\n- (a) the nature of any relationship the birth parent has with the child;\n- (b) the nature of the relationship the cultural parent has with the child; Example— how the child refers to the cultural parent and other family members\n- (c) details of the child’s current living arrangements; Example— the number and ages of other children living with the cultural parent\n- (d) details of the financial support provided by the cultural parent for the child;\n- (e) details of how any decision is made in relation to the child. Example— who makes decisions about the child’s education or medical treatment","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Signed statement of adult who was subject to Ailan Kastom child rearing practice","content":"### sec.37 Signed statement of adult who was subject to Ailan Kastom child rearing practice\n\nA signed statement of an adult who was subject to Ailan Kastom child rearing practice must address the following matters—\nhow the person was made aware that they were the subject of Ailan Kastom child rearing practice;\nwhat information the person was provided with about the Ailan Kastom child rearing practice;\nthe nature of the relationship the person has with their cultural parents;\nhow the person refers to the cultural parents\nthe nature of any relationship the person has with their birth parents;\nhow the person refers to the birth parents\nthat the person consents to the making of inquiries of, and the exchange of information with, the person’s birth parents, cultural parents and informed person for the purpose of deciding whether to make a cultural recognition order;\nthat the person gives their informed consent to the application.\n- (a) how the person was made aware that they were the subject of Ailan Kastom child rearing practice;\n- (b) what information the person was provided with about the Ailan Kastom child rearing practice;\n- (c) the nature of the relationship the person has with their cultural parents; Example— how the person refers to the cultural parents\n- (d) the nature of any relationship the person has with their birth parents; Example— how the person refers to the birth parents\n- (e) that the person consents to the making of inquiries of, and the exchange of information with, the person’s birth parents, cultural parents and informed person for the purpose of deciding whether to make a cultural recognition order;\n- (f) that the person gives their informed consent to the application.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Informed person’s signed statement","content":"### sec.38 Informed person’s signed statement\n\nAn informed person’s signed statement must address the following matters—\nthe person’s understanding of the Ailan Kastom child rearing practice that occurred in relation to the application;\nwhether the Ailan Kastom child rearing practice occurred in accordance with Ailan Kastom;\nthe person’s relationship, if any, to the birth parents, the cultural parents and the person the subject of the application.\n- (a) the person’s understanding of the Ailan Kastom child rearing practice that occurred in relation to the application;\n- (b) whether the Ailan Kastom child rearing practice occurred in accordance with Ailan Kastom;\n- (c) the person’s relationship, if any, to the birth parents, the cultural parents and the person the subject of the application.","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Other carer’s statement","content":"### sec.39 Other carer’s statement\n\nAn other carer’s signed statement must address the following matters—\nthe other carer’s relationship to the child;\nthat the other carer gives their informed consent to the application being made;\nthe reasons the other carer considers a cultural recognition order will be in the best interests of the child.\n- (a) the other carer’s relationship to the child;\n- (b) that the other carer gives their informed consent to the application being made;\n- (c) the reasons the other carer considers a cultural recognition order will be in the best interests of the child.","sortOrder":46},{"sectionNumber":"pt.5","sectionType":"part","heading":"Cultural recognition orders","content":"# Cultural recognition orders","sortOrder":47},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Applications for cultural recognition order","content":"## Applications for cultural recognition order","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Commissioner must deal with applications","content":"### sec.40 Commissioner must deal with applications\n\nThe commissioner must deal with an application for a cultural recognition order by considering and deciding the application under this part.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Commissioner may request additional information","content":"### sec.41 Commissioner may request additional information\n\nThe commissioner may, by notice given to an applicant for a cultural recognition order, ask the applicant for further information or a document the commissioner reasonably requires to decide whether to make a cultural recognition order.\nThe notice—\nmust state a reasonable period of at least 30 business days within which the applicant must give the information or document to the commissioner; and\nmust state that an applicant may request that the commissioner extend the period mentioned in paragraph (a) ; and\nmay require the information or document be verified by statutory declaration.\nThe commissioner may extend the period mentioned in subsection (2) (a) by notice given to the person—\non the commissioner’s own initiative; or\nif an applicant makes a request under subsection (2) (b) .\nThe commissioner may decide whether to make a cultural recognition order regardless of whether the applicant gives the further information or document requested.\n(sec.41-ssec.1) The commissioner may, by notice given to an applicant for a cultural recognition order, ask the applicant for further information or a document the commissioner reasonably requires to decide whether to make a cultural recognition order.\n(sec.41-ssec.2) The notice— must state a reasonable period of at least 30 business days within which the applicant must give the information or document to the commissioner; and must state that an applicant may request that the commissioner extend the period mentioned in paragraph (a) ; and may require the information or document be verified by statutory declaration.\n(sec.41-ssec.3) The commissioner may extend the period mentioned in subsection (2) (a) by notice given to the person— on the commissioner’s own initiative; or if an applicant makes a request under subsection (2) (b) .\n(sec.41-ssec.4) The commissioner may decide whether to make a cultural recognition order regardless of whether the applicant gives the further information or document requested.\n- (a) must state a reasonable period of at least 30 business days within which the applicant must give the information or document to the commissioner; and\n- (b) must state that an applicant may request that the commissioner extend the period mentioned in paragraph (a) ; and\n- (c) may require the information or document be verified by statutory declaration.\n- (a) on the commissioner’s own initiative; or\n- (b) if an applicant makes a request under subsection (2) (b) .","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Withdrawal of application","content":"### sec.42 Withdrawal of application\n\nAn applicant for a cultural recognition order may withdraw the application by giving written notice (a notice of withdrawal ) to the commissioner.\nOn the commissioner’s receipt of the notice of withdrawal, the application ends.\nAs soon as practicable after receiving the notice of withdrawal, the commissioner must give the applicant, and each other party to the application, notice that the application is withdrawn.\n(sec.42-ssec.1) An applicant for a cultural recognition order may withdraw the application by giving written notice (a notice of withdrawal ) to the commissioner.\n(sec.42-ssec.2) On the commissioner’s receipt of the notice of withdrawal, the application ends.\n(sec.42-ssec.3) As soon as practicable after receiving the notice of withdrawal, the commissioner must give the applicant, and each other party to the application, notice that the application is withdrawn.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Duty of parties to application","content":"### sec.43 Duty of parties to application\n\nEach applicant for a cultural recognition order must participate in the commissioner’s consideration of the application in good faith.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Consideration procedure","content":"### sec.44 Consideration procedure\n\nSubject to this Act, the commissioner must consider an application for a cultural recognition order in accordance with any guidelines made by the commissioner under section 108 .\nAlso, the commissioner, in considering the application—\nmust act in a way that is fair and reasonable; and\nmust maintain confidentiality; and\nmust comply with natural justice; and\nmay have regard to any matter the commissioner considers relevant to the application, including any previous applications made in relation to the person the subject of the application; and\nmay make inquiries the commissioner considers appropriate.\n(sec.44-ssec.1) Subject to this Act, the commissioner must consider an application for a cultural recognition order in accordance with any guidelines made by the commissioner under section 108 .\n(sec.44-ssec.2) Also, the commissioner, in considering the application— must act in a way that is fair and reasonable; and must maintain confidentiality; and must comply with natural justice; and may have regard to any matter the commissioner considers relevant to the application, including any previous applications made in relation to the person the subject of the application; and may make inquiries the commissioner considers appropriate.\n- (a) must act in a way that is fair and reasonable; and\n- (b) must maintain confidentiality; and\n- (c) must comply with natural justice; and\n- (d) may have regard to any matter the commissioner considers relevant to the application, including any previous applications made in relation to the person the subject of the application; and\n- (e) may make inquiries the commissioner considers appropriate.","sortOrder":53},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Information to assist commissioner","content":"## Information to assist commissioner","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Criminal history report","content":"### sec.45 Criminal history report\n\nThis section applies for deciding an application for a cultural recognition order if the person the subject of the application is a child.\nThe commissioner may ask the police commissioner for a written report about a cultural parent’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\nThe police commissioner must comply with the request.\nThe duty to comply applies only to information the police commissioner has possession of or to which the police commissioner has access.\nThe commissioner must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.45-ssec.1) This section applies for deciding an application for a cultural recognition order if the person the subject of the application is a child.\n(sec.45-ssec.2) The commissioner may ask the police commissioner for a written report about a cultural parent’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.45-ssec.3) The police commissioner must comply with the request.\n(sec.45-ssec.4) The duty to comply applies only to information the police commissioner has possession of or to which the police commissioner has access.\n(sec.45-ssec.5) The commissioner must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Dealing with criminal history report","content":"### sec.46 Dealing with criminal history report\n\nThis section applies if the commissioner receives a report about a cultural parent’s criminal history.\nAs soon as practicable after receiving the report the commissioner must give written notice to the cultural parent.\nThe written notice must include a copy of the report and state—\nthat the cultural parent may within 30 business days after receiving the notice give the commissioner information or documents about any information contained in the report; and\nthat the cultural parent may request that the commissioner extend the period mentioned in paragraph (a) .\nIf the cultural parent makes a request to extend the period mentioned in subsection (3) (a) , the commissioner may extend the period by notice given to the person.\n(sec.46-ssec.1) This section applies if the commissioner receives a report about a cultural parent’s criminal history.\n(sec.46-ssec.2) As soon as practicable after receiving the report the commissioner must give written notice to the cultural parent.\n(sec.46-ssec.3) The written notice must include a copy of the report and state— that the cultural parent may within 30 business days after receiving the notice give the commissioner information or documents about any information contained in the report; and that the cultural parent may request that the commissioner extend the period mentioned in paragraph (a) .\n(sec.46-ssec.4) If the cultural parent makes a request to extend the period mentioned in subsection (3) (a) , the commissioner may extend the period by notice given to the person.\n- (a) that the cultural parent may within 30 business days after receiving the notice give the commissioner information or documents about any information contained in the report; and\n- (b) that the cultural parent may request that the commissioner extend the period mentioned in paragraph (a) .","sortOrder":56},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Dispensing with a person’s consent","content":"## Dispensing with a person’s consent","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application of division","content":"### sec.47 Application of division\n\nThis division applies if an applicant for a cultural recognition order is not able to make the application for the order with the consent of any of the following persons—\na birth parent;\na cultural parent;\nif the child has an other carer—the other carer.\n- (a) a birth parent;\n- (b) a cultural parent;\n- (c) if the child has an other carer—the other carer.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application for dispensation","content":"### sec.48 Application for dispensation\n\nIf an applicant for a cultural recognition order is not able to apply for a cultural recognition order with the consent of a party whose consent is otherwise required, the applicant may apply to a court for an order dispensing with the need for the consent of the party (the stated party ).\nThe application must state the grounds on which it is made.\n(sec.48-ssec.1) If an applicant for a cultural recognition order is not able to apply for a cultural recognition order with the consent of a party whose consent is otherwise required, the applicant may apply to a court for an order dispensing with the need for the consent of the party (the stated party ).\n(sec.48-ssec.2) The application must state the grounds on which it is made.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Notice of application","content":"### sec.49 Notice of application\n\nAs soon as practicable after filing an application for an order dispensing with the need for the consent of a stated party, the applicant must serve a copy of the application on—\nthe stated party; and\neach other party who is an applicant for the cultural recognition order; and\nthe commissioner.\nA served copy must state where and when the application is to be heard.\nA copy served on the stated party must also state that the application may be heard and decided even though the party does not appear in court.\nThe court may dispense with the requirement to serve a copy of the application on the stated party if the court is satisfied of any of the following matters—\nthe applicant can not establish the identity of the party after making all reasonable enquiries;\nthe applicant can not locate the party after making all reasonable enquiries;\nthe conception of the person the subject of the application for a cultural recognition order was a result of an offence committed by the party;\nthere would be an unacceptable risk of harm to the birth mother of the person the subject of the application for a cultural recognition order if the party were made aware of the person’s birth or the application for a cultural recognition order;\nthere are other special circumstances for dispensing with the requirement to serve a copy of the application.\n(sec.49-ssec.1) As soon as practicable after filing an application for an order dispensing with the need for the consent of a stated party, the applicant must serve a copy of the application on— the stated party; and each other party who is an applicant for the cultural recognition order; and the commissioner.\n(sec.49-ssec.2) A served copy must state where and when the application is to be heard.\n(sec.49-ssec.3) A copy served on the stated party must also state that the application may be heard and decided even though the party does not appear in court.\n(sec.49-ssec.4) The court may dispense with the requirement to serve a copy of the application on the stated party if the court is satisfied of any of the following matters— the applicant can not establish the identity of the party after making all reasonable enquiries; the applicant can not locate the party after making all reasonable enquiries; the conception of the person the subject of the application for a cultural recognition order was a result of an offence committed by the party; there would be an unacceptable risk of harm to the birth mother of the person the subject of the application for a cultural recognition order if the party were made aware of the person’s birth or the application for a cultural recognition order; there are other special circumstances for dispensing with the requirement to serve a copy of the application.\n- (a) the stated party; and\n- (b) each other party who is an applicant for the cultural recognition order; and\n- (c) the commissioner.\n- (a) the applicant can not establish the identity of the party after making all reasonable enquiries;\n- (b) the applicant can not locate the party after making all reasonable enquiries;\n- (c) the conception of the person the subject of the application for a cultural recognition order was a result of an offence committed by the party;\n- (d) there would be an unacceptable risk of harm to the birth mother of the person the subject of the application for a cultural recognition order if the party were made aware of the person’s birth or the application for a cultural recognition order;\n- (e) there are other special circumstances for dispensing with the requirement to serve a copy of the application.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Respondent","content":"### sec.50 Respondent\n\nIf a stated party is served with a copy of an application for an order dispensing with the need for the stated party’s consent to an application for a cultural recognition order, the stated party is a respondent in the proceeding.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Hearing of application in absence of stated party","content":"### sec.51 Hearing of application in absence of stated party\n\nThe court may hear and decide an application for an order dispensing with the need for the consent of a stated party in the absence of the party only if—\nthe party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or\nthe court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) .\nSubsection (1) does not limit the court’s jurisdiction to exclude a person from a proceeding.\n(sec.51-ssec.1) The court may hear and decide an application for an order dispensing with the need for the consent of a stated party in the absence of the party only if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) .\n(sec.51-ssec.2) Subsection (1) does not limit the court’s jurisdiction to exclude a person from a proceeding.\n- (a) the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or\n- (b) the court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) .","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Court may dispense with need for consent","content":"### sec.52 Court may dispense with need for consent\n\nThe court may make an order (a dispensation order ) dispensing with the need for the consent of a stated party as part of the application for a cultural recognition order if—\nthe court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or\nQCAT has made a declaration that the party does not have capacity to give the consent; or\na court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or\nthe court is satisfied there are other special circumstances for giving the dispensation.\nHowever, if the person the subject of the application for a cultural recognition order is a child and the stated party is or is believed to be the person’s birth parent, the court must not give the dispensation—\nwithin 30 days after notice is given to the party under section 49 ; or\nif the court has reason to believe there is—\na current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or\na current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.\n(sec.52-ssec.1) The court may make an order (a dispensation order ) dispensing with the need for the consent of a stated party as part of the application for a cultural recognition order if— the court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or QCAT has made a declaration that the party does not have capacity to give the consent; or a court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or the court is satisfied there are other special circumstances for giving the dispensation.\n(sec.52-ssec.2) However, if the person the subject of the application for a cultural recognition order is a child and the stated party is or is believed to be the person’s birth parent, the court must not give the dispensation— within 30 days after notice is given to the party under section 49 ; or if the court has reason to believe there is— a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.\n- (a) the court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or\n- (b) QCAT has made a declaration that the party does not have capacity to give the consent; or\n- (c) a court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or\n- (d) the court is satisfied there are other special circumstances for giving the dispensation.\n- (a) within 30 days after notice is given to the party under section 49 ; or\n- (b) if the court has reason to believe there is— (i) a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or (ii) a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.\n- (i) a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or\n- (ii) a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.\n- (i) a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or\n- (ii) a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Notice of court order","content":"### sec.53 Notice of court order\n\nIf a court makes a dispensation order, the applicant must give the commissioner a copy of the order.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Effect of order","content":"### sec.54 Effect of order\n\nThis section applies if the commissioner is given a copy of a dispensation order under section 53 .\nThe commissioner must continue to consider and decide the application for a cultural recognition order without the need for the consent of the stated party.\n(sec.54-ssec.1) This section applies if the commissioner is given a copy of a dispensation order under section 53 .\n(sec.54-ssec.2) The commissioner must continue to consider and decide the application for a cultural recognition order without the need for the consent of the stated party.","sortOrder":65},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Discharge of dispensation order","content":"## Discharge of dispensation order","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Discharge of dispensation order if stated party not served with application","content":"### sec.55 Discharge of dispensation order if stated party not served with application\n\nThis section applies if—\na court makes a dispensation order; and\na copy of the application for the order was not served on a stated party.\nThe party may apply to the court to discharge the dispensation order.\nThe applicant must serve a copy of the application for discharge of the dispensation order on each other person who was a party to the proceeding for the dispensation order.\nThe court may discharge the dispensation order if—\na cultural recognition order has not been made; and\nthe court is satisfied a ground on which the dispensation order was made under section 52 does not apply.\n(sec.55-ssec.1) This section applies if— a court makes a dispensation order; and a copy of the application for the order was not served on a stated party.\n(sec.55-ssec.2) The party may apply to the court to discharge the dispensation order.\n(sec.55-ssec.3) The applicant must serve a copy of the application for discharge of the dispensation order on each other person who was a party to the proceeding for the dispensation order.\n(sec.55-ssec.4) The court may discharge the dispensation order if— a cultural recognition order has not been made; and the court is satisfied a ground on which the dispensation order was made under section 52 does not apply.\n- (a) a court makes a dispensation order; and\n- (b) a copy of the application for the order was not served on a stated party.\n- (a) a cultural recognition order has not been made; and\n- (b) the court is satisfied a ground on which the dispensation order was made under section 52 does not apply.","sortOrder":67},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Deciding whether to make cultural recognition orders","content":"## Deciding whether to make cultural recognition orders","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Considerations before making decision","content":"### sec.56 Considerations before making decision\n\nBefore deciding to make a cultural recognition order the commissioner must be satisfied—\nthat, subject to any dispensation order, each birth parent and cultural parent gave full, free and informed consent to the making of the application for the order; and\nif the application contains a signed statement from an other carer—the other carer gave full, free and informed consent to the making of the application; and\nif the person the subject of the application for the order is a child—that the making of the order is for the wellbeing and in the best interests of the child; and\nthat the transfer of parentage occurred in accordance with Ailan Kastom child rearing practice; and\nthat each applicant was entitled to apply under section 32 ; and\nthat the requirements mentioned in section 34 are satisfied; and\nthat each applicant has provided the required information or statement.\n- (a) that, subject to any dispensation order, each birth parent and cultural parent gave full, free and informed consent to the making of the application for the order; and\n- (b) if the application contains a signed statement from an other carer—the other carer gave full, free and informed consent to the making of the application; and\n- (c) if the person the subject of the application for the order is a child—that the making of the order is for the wellbeing and in the best interests of the child; and\n- (d) that the transfer of parentage occurred in accordance with Ailan Kastom child rearing practice; and\n- (e) that each applicant was entitled to apply under section 32 ; and\n- (f) that the requirements mentioned in section 34 are satisfied; and\n- (g) that each applicant has provided the required information or statement.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Notice of intention before deciding not to make cultural recognition order","content":"### sec.57 Notice of intention before deciding not to make cultural recognition order\n\nIf the commissioner is considering not making a cultural recognition order, the commissioner must give each party to the application for the order a notice (a notice of intention ) that states—\nthe reasons the commissioner is considering not making the order; and\nthat an applicant may within 30 business days after receiving the notice of intention give the commissioner information or documents not included in the application that support the making of the order; and\nthat an applicant may request that the commissioner extend the period mentioned in paragraph (b) .\nIf an applicant makes a request under subsection (1) (c) , the commissioner may extend the period mentioned in subsection (1) (b) by notice given to the applicant.\n(sec.57-ssec.1) If the commissioner is considering not making a cultural recognition order, the commissioner must give each party to the application for the order a notice (a notice of intention ) that states— the reasons the commissioner is considering not making the order; and that an applicant may within 30 business days after receiving the notice of intention give the commissioner information or documents not included in the application that support the making of the order; and that an applicant may request that the commissioner extend the period mentioned in paragraph (b) .\n(sec.57-ssec.2) If an applicant makes a request under subsection (1) (c) , the commissioner may extend the period mentioned in subsection (1) (b) by notice given to the applicant.\n- (a) the reasons the commissioner is considering not making the order; and\n- (b) that an applicant may within 30 business days after receiving the notice of intention give the commissioner information or documents not included in the application that support the making of the order; and\n- (c) that an applicant may request that the commissioner extend the period mentioned in paragraph (b) .","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Deciding about cultural recognition order","content":"### sec.58 Deciding about cultural recognition order\n\nAfter having regard to the information in an application for a cultural recognition order and information or documents given under section 57 , the commissioner must decide—\nto make a cultural recognition order; or\nnot to make a cultural recognition order.\nIf the person the subject of the application for the cultural recognition order is a child, the commissioner must give each party to the application—\na statement of reasons for the decision; and\nif the decision is to make an order—a copy of the order.\nIf the applicant is an adult who is the subject of the application, the commissioner must give to the applicant and the applicant’s birth parents and cultural parents—\na statement of reasons for the decision; and\nif the decision is to make an order—a copy of the order.\n(sec.58-ssec.1) After having regard to the information in an application for a cultural recognition order and information or documents given under section 57 , the commissioner must decide— to make a cultural recognition order; or not to make a cultural recognition order.\n(sec.58-ssec.2) If the person the subject of the application for the cultural recognition order is a child, the commissioner must give each party to the application— a statement of reasons for the decision; and if the decision is to make an order—a copy of the order.\n(sec.58-ssec.3) If the applicant is an adult who is the subject of the application, the commissioner must give to the applicant and the applicant’s birth parents and cultural parents— a statement of reasons for the decision; and if the decision is to make an order—a copy of the order.\n- (a) to make a cultural recognition order; or\n- (b) not to make a cultural recognition order.\n- (a) a statement of reasons for the decision; and\n- (b) if the decision is to make an order—a copy of the order.\n- (a) a statement of reasons for the decision; and\n- (b) if the decision is to make an order—a copy of the order.","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"What cultural recognition order must state","content":"### sec.59 What cultural recognition order must state\n\nIf the commissioner makes a cultural recognition order about a person, the order must state the following information—\nthat the order is made under this Act in recognition of Ailan Kastom;\nthe person’s name;\nthe name of each of the person’s birth parents and cultural parents;\nthat the person’s parentage is transferred from the birth parents to the cultural parents;\nthe date of the decision;\nany other information prescribed by regulation.\n- (a) that the order is made under this Act in recognition of Ailan Kastom;\n- (b) the person’s name;\n- (c) the name of each of the person’s birth parents and cultural parents;\n- (d) that the person’s parentage is transferred from the birth parents to the cultural parents;\n- (e) the date of the decision;\n- (f) any other information prescribed by regulation.","sortOrder":72},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":73},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application for internal review","content":"### sec.60 Application for internal review\n\nIf the commissioner decides to not make a cultural recognition order the parties to the application for the order may apply to the Minister for a review of the decision (an application for internal review ).\nThe application for internal review must be made—\nin the approved form; and\njointly by the parties; and\nwithin 20 business days after the statement of reasons for the decision was given to the parties.\nThe Minister may, at any time, extend the period within which the application for internal review may be made.\n(sec.60-ssec.1) If the commissioner decides to not make a cultural recognition order the parties to the application for the order may apply to the Minister for a review of the decision (an application for internal review ).\n(sec.60-ssec.2) The application for internal review must be made— in the approved form; and jointly by the parties; and within 20 business days after the statement of reasons for the decision was given to the parties.\n(sec.60-ssec.3) The Minister may, at any time, extend the period within which the application for internal review may be made.\n- (a) in the approved form; and\n- (b) jointly by the parties; and\n- (c) within 20 business days after the statement of reasons for the decision was given to the parties.","sortOrder":74},{"sectionNumber":"sec.61","sectionType":"section","heading":"Internal review","content":"### sec.61 Internal review\n\nWithin 20 business days after the Minister receives an application for internal review, the Minister must appoint a person (the review officer ), other than the commissioner, to review the commissioner’s decision.\nThe Minister may appoint a person as the review officer if the Minister is satisfied the person is appropriately qualified.\nThe review officer must—\nconsider the application; and\nreview the commissioner’s decision; and\nmake a decision (the reviewed decision ) to—\nconfirm the commissioner’s decision; or\nrevoke the commissioner’s decision and make a cultural recognition order; and\ngive a statement of reasons for the reviewed decision to—\nthe parties to the application for internal review; and\nthe commissioner.\n(sec.61-ssec.1) Within 20 business days after the Minister receives an application for internal review, the Minister must appoint a person (the review officer ), other than the commissioner, to review the commissioner’s decision.\n(sec.61-ssec.2) The Minister may appoint a person as the review officer if the Minister is satisfied the person is appropriately qualified.\n(sec.61-ssec.3) The review officer must— consider the application; and review the commissioner’s decision; and make a decision (the reviewed decision ) to— confirm the commissioner’s decision; or revoke the commissioner’s decision and make a cultural recognition order; and give a statement of reasons for the reviewed decision to— the parties to the application for internal review; and the commissioner.\n- (a) consider the application; and\n- (b) review the commissioner’s decision; and\n- (c) make a decision (the reviewed decision ) to— (i) confirm the commissioner’s decision; or (ii) revoke the commissioner’s decision and make a cultural recognition order; and\n- (i) confirm the commissioner’s decision; or\n- (ii) revoke the commissioner’s decision and make a cultural recognition order; and\n- (d) give a statement of reasons for the reviewed decision to— (i) the parties to the application for internal review; and (ii) the commissioner.\n- (i) the parties to the application for internal review; and\n- (ii) the commissioner.\n- (i) confirm the commissioner’s decision; or\n- (ii) revoke the commissioner’s decision and make a cultural recognition order; and\n- (i) the parties to the application for internal review; and\n- (ii) the commissioner.","sortOrder":75},{"sectionNumber":"sec.62","sectionType":"section","heading":"Effect of review officer’s decision to make a cultural recognition order","content":"### sec.62 Effect of review officer’s decision to make a cultural recognition order\n\nIf the review officer revokes the commissioner’s decision and makes a cultural recognition order—\nthe reviewed decision is taken to be a decision of the commissioner; and\nthe commissioner must give effect to the decision as if—\nthe decision were the commissioner’s decision; and\nno application for internal review had been made.\n- (a) the reviewed decision is taken to be a decision of the commissioner; and\n- (b) the commissioner must give effect to the decision as if— (i) the decision were the commissioner’s decision; and (ii) no application for internal review had been made.\n- (i) the decision were the commissioner’s decision; and\n- (ii) no application for internal review had been made.\n- (i) the decision were the commissioner’s decision; and\n- (ii) no application for internal review had been made.","sortOrder":76},{"sectionNumber":"pt.6","sectionType":"part","heading":"Registration of cultural recognition orders","content":"# Registration of cultural recognition orders","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Commissioner must notify registrar","content":"### sec.63 Commissioner must notify registrar\n\nAs soon as practicable after a cultural recognition order is made by the commissioner, the commissioner must give a copy of the order to the registrar.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Entitlement to certificate, information relating to particular entries","content":"### sec.64 Entitlement to certificate, information relating to particular entries\n\nThis section applies to each of the following persons—\na person who was an applicant for a cultural recognition order that was made by the commissioner;\nan adult who was the subject of a cultural recognition order;\nif a person mentioned in paragraph (a) or (b) has a guardian—the person’s guardian.\nOn request by a person mentioned in subsection (1) , the commissioner must give the person an authorisation to obtain a certificate, information, source document or a copy of the cultural recognition order under this section.\nHowever, the authorisation may exclude information if the commissioner is satisfied that allowing access to the certificate, information, source document or the copy of the cultural recognition order would be an unreasonable invasion of a person’s privacy or otherwise unreasonably harm a person’s interests.\nThe authorisation may exclude a part of a document showing a person’s birth was the result of a sexual offence.\nThe person may make an application, accompanied by an authorisation from the commissioner—\nunder the Births, Deaths and Marriages Registration Act 2023 , section 110 for information or a copy of a source document to which the authorisation relates; or\nunder the Births, Deaths and Marriages Registration Act 2023 , section 112 for a certificate to which the authorisation relates.\nThe registrar must grant the application if it relates to an entry about the cultural recognition order in the register of births and the cultural recognition register.\nInformation given by the registrar under this section and relating to a closed entry may be given in the form the registrar considers appropriate.\nIn this section—\nclosed entry means an entry that has been closed under the Births, Deaths and Marriages Registration Act 2023 , section 19 , 21 , 36 or 43 .\ncultural recognition register means the register, maintained under the Births, Deaths and Marriages Registration Act 2023 , section 104 , for cultural recognition orders made under this Act.\nsource document see the Births, Deaths and Marriages Registration Act 2023 , schedule 1 .\ns 64 amd 2023 No. 17 s 177\n(sec.64-ssec.1) This section applies to each of the following persons— a person who was an applicant for a cultural recognition order that was made by the commissioner; an adult who was the subject of a cultural recognition order; if a person mentioned in paragraph (a) or (b) has a guardian—the person’s guardian.\n(sec.64-ssec.2) On request by a person mentioned in subsection (1) , the commissioner must give the person an authorisation to obtain a certificate, information, source document or a copy of the cultural recognition order under this section.\n(sec.64-ssec.3) However, the authorisation may exclude information if the commissioner is satisfied that allowing access to the certificate, information, source document or the copy of the cultural recognition order would be an unreasonable invasion of a person’s privacy or otherwise unreasonably harm a person’s interests. The authorisation may exclude a part of a document showing a person’s birth was the result of a sexual offence.\n(sec.64-ssec.4) The person may make an application, accompanied by an authorisation from the commissioner— under the Births, Deaths and Marriages Registration Act 2023 , section 110 for information or a copy of a source document to which the authorisation relates; or under the Births, Deaths and Marriages Registration Act 2023 , section 112 for a certificate to which the authorisation relates.\n(sec.64-ssec.5) The registrar must grant the application if it relates to an entry about the cultural recognition order in the register of births and the cultural recognition register.\n(sec.64-ssec.6) Information given by the registrar under this section and relating to a closed entry may be given in the form the registrar considers appropriate.\n(sec.64-ssec.7) In this section— closed entry means an entry that has been closed under the Births, Deaths and Marriages Registration Act 2023 , section 19 , 21 , 36 or 43 . cultural recognition register means the register, maintained under the Births, Deaths and Marriages Registration Act 2023 , section 104 , for cultural recognition orders made under this Act. source document see the Births, Deaths and Marriages Registration Act 2023 , schedule 1 .\n- (a) a person who was an applicant for a cultural recognition order that was made by the commissioner;\n- (b) an adult who was the subject of a cultural recognition order;\n- (c) if a person mentioned in paragraph (a) or (b) has a guardian—the person’s guardian.\n- (a) under the Births, Deaths and Marriages Registration Act 2023 , section 110 for information or a copy of a source document to which the authorisation relates; or\n- (b) under the Births, Deaths and Marriages Registration Act 2023 , section 112 for a certificate to which the authorisation relates.","sortOrder":79},{"sectionNumber":"pt.7","sectionType":"part","heading":"Effect of cultural recognition orders","content":"# Effect of cultural recognition orders","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of part","content":"### sec.65 Application of part\n\nThis part applies if the commissioner makes a cultural recognition order.","sortOrder":81},{"sectionNumber":"sec.66","sectionType":"section","heading":"Effect on relationships","content":"### sec.66 Effect on relationships\n\nOn the making of a cultural recognition order about a person—\nthe person’s parentage is transferred from the birth parents to the cultural parents; and\nthe person becomes a child of the cultural parents; and\nthe cultural parents become the parents of the person; and\nthe person stops being a child of the birth parents; and\na birth parent stops being a parent of the person.\nOther relationships are determined in accordance with subsection (1) .\nHowever, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have—\nthe familial relationship that existed before the making of the order; and\nthe familial relationship resulting from the making of the order.\n(sec.66-ssec.1) On the making of a cultural recognition order about a person— the person’s parentage is transferred from the birth parents to the cultural parents; and the person becomes a child of the cultural parents; and the cultural parents become the parents of the person; and the person stops being a child of the birth parents; and a birth parent stops being a parent of the person.\n(sec.66-ssec.2) Other relationships are determined in accordance with subsection (1) .\n(sec.66-ssec.3) However, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have— the familial relationship that existed before the making of the order; and the familial relationship resulting from the making of the order.\n- (a) the person’s parentage is transferred from the birth parents to the cultural parents; and\n- (b) the person becomes a child of the cultural parents; and\n- (c) the cultural parents become the parents of the person; and\n- (d) the person stops being a child of the birth parents; and\n- (e) a birth parent stops being a parent of the person.\n- (a) the familial relationship that existed before the making of the order; and\n- (b) the familial relationship resulting from the making of the order.","sortOrder":82},{"sectionNumber":"sec.67","sectionType":"section","heading":"Effect on disposal of property","content":"### sec.67 Effect on disposal of property\n\nSection 66 (1) and (2) have effect in relation to—\ndispositions of property, whether by will or otherwise; and\ndevolutions of property in relation to which a person dies intestate.\nHowever, section 66 does not affect the operation of a will or other instrument that distinguishes between a person about whom a cultural recognition order is made and another person about whom a cultural recognition order has not been made.\n(sec.67-ssec.1) Section 66 (1) and (2) have effect in relation to— dispositions of property, whether by will or otherwise; and devolutions of property in relation to which a person dies intestate.\n(sec.67-ssec.2) However, section 66 does not affect the operation of a will or other instrument that distinguishes between a person about whom a cultural recognition order is made and another person about whom a cultural recognition order has not been made.\n- (a) dispositions of property, whether by will or otherwise; and\n- (b) devolutions of property in relation to which a person dies intestate.","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Public trustee to make inquiries if bequest to unlocatable person","content":"### sec.68 Public trustee to make inquiries if bequest to unlocatable person\n\nThis section applies if—\nunder a will made after the commencement, a testator makes a disposition of property to a person—\nwho is described as being a child of the testator or of another person; and\nwhose parentage was transferred to another person or persons as a result of a cultural recognition order; and\nthe personal representative of the testator is unable to determine the name and address of the person.\nThe personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to determine the name and address of the person.\nOn receipt of the copy and notice, the public trustee must take steps to determine the name and address of the person and, if the person has died, the date of the death, by asking for information from—\nthe commissioner; and\nthe registrar under the Births, Deaths and Marriages Registration Act 2023 .\nDespite any other Act or law, if the commissioner receives a request from the public trustee under subsection (3) , the commissioner must give the public trustee the name and address of the person held in the commissioner’s records.\nThe Births, Deaths and Marriages Registration Act 2023 , sections 110 and 111 does not apply to a request for information made under subsection (3) to the registrar under that Act.\nAfter taking the steps mentioned in subsection (3) , the public trustee must give a notice to the personal representative stating—\nthat the public trustee has been able to determine—\nthe person’s name; or\nthe person’s address; or\nthe death of the person; and\nto the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine.\ns 68 amd 2023 No. 17 s 178\n(sec.68-ssec.1) This section applies if— under a will made after the commencement, a testator makes a disposition of property to a person— who is described as being a child of the testator or of another person; and whose parentage was transferred to another person or persons as a result of a cultural recognition order; and the personal representative of the testator is unable to determine the name and address of the person.\n(sec.68-ssec.2) The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to determine the name and address of the person.\n(sec.68-ssec.3) On receipt of the copy and notice, the public trustee must take steps to determine the name and address of the person and, if the person has died, the date of the death, by asking for information from— the commissioner; and the registrar under the Births, Deaths and Marriages Registration Act 2023 .\n(sec.68-ssec.4) Despite any other Act or law, if the commissioner receives a request from the public trustee under subsection (3) , the commissioner must give the public trustee the name and address of the person held in the commissioner’s records.\n(sec.68-ssec.5) The Births, Deaths and Marriages Registration Act 2023 , sections 110 and 111 does not apply to a request for information made under subsection (3) to the registrar under that Act.\n(sec.68-ssec.6) After taking the steps mentioned in subsection (3) , the public trustee must give a notice to the personal representative stating— that the public trustee has been able to determine— the person’s name; or the person’s address; or the death of the person; and to the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine.\n- (a) under a will made after the commencement, a testator makes a disposition of property to a person— (i) who is described as being a child of the testator or of another person; and (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and\n- (i) who is described as being a child of the testator or of another person; and\n- (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and\n- (b) the personal representative of the testator is unable to determine the name and address of the person.\n- (i) who is described as being a child of the testator or of another person; and\n- (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and\n- (a) the commissioner; and\n- (b) the registrar under the Births, Deaths and Marriages Registration Act 2023 .\n- (a) that the public trustee has been able to determine— (i) the person’s name; or (ii) the person’s address; or (iii) the death of the person; and\n- (i) the person’s name; or\n- (ii) the person’s address; or\n- (iii) the death of the person; and\n- (b) to the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine.\n- (i) the person’s name; or\n- (ii) the person’s address; or\n- (iii) the death of the person; and","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Public trustee is trustee if bequest to unlocatable person","content":"### sec.69 Public trustee is trustee if bequest to unlocatable person\n\nThis section applies if—\nunder a will made after the commencement, a testator makes a disposition of property to a person—\nwho is described as being a child of the testator or of another person; and\nwhose parentage was transferred to another person or persons as a result of a cultural recognition order; and\nthe personal representative of the testator is given a notice by the public trustee under section 68 (6) .\nThe public trustee is a trustee for the person on the trusts stated in, or arising under, the will.\nIf the personal representative transfers property to the public trustee as trustee for the person, the personal representative is taken to have transferred the property to the person.\nSubsections (2) and (3) do not apply if the person died before the testator or, for another reason, is not entitled to an interest under the will.\nIf the public trustee gives the personal representative a notice that the person has disclaimed property to which the person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the person has disclaimed the property.\n(sec.69-ssec.1) This section applies if— under a will made after the commencement, a testator makes a disposition of property to a person— who is described as being a child of the testator or of another person; and whose parentage was transferred to another person or persons as a result of a cultural recognition order; and the personal representative of the testator is given a notice by the public trustee under section 68 (6) .\n(sec.69-ssec.2) The public trustee is a trustee for the person on the trusts stated in, or arising under, the will.\n(sec.69-ssec.3) If the personal representative transfers property to the public trustee as trustee for the person, the personal representative is taken to have transferred the property to the person.\n(sec.69-ssec.4) Subsections (2) and (3) do not apply if the person died before the testator or, for another reason, is not entitled to an interest under the will.\n(sec.69-ssec.5) If the public trustee gives the personal representative a notice that the person has disclaimed property to which the person was entitled under the will, the notice is, for the purpose of administering the estate, sufficient evidence that the person has disclaimed the property.\n- (a) under a will made after the commencement, a testator makes a disposition of property to a person— (i) who is described as being a child of the testator or of another person; and (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and\n- (i) who is described as being a child of the testator or of another person; and\n- (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and\n- (b) the personal representative of the testator is given a notice by the public trustee under section 68 (6) .\n- (i) who is described as being a child of the testator or of another person; and\n- (ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and","sortOrder":85},{"sectionNumber":"sec.70","sectionType":"section","heading":"Public trustee’s fees for involvement","content":"### sec.70 Public trustee’s fees for involvement\n\nThe public trustee may charge fees for taking steps under section 68 (3) or (6) or for acting as trustee under section 69 .\nThe personal representative of the testator must pay to the public trustee out of the testator’s estate any fees charged by the public trustee under subsection (1) and any fees or costs incurred by the public trustee in taking steps under section 68 (3) or (6) .\n(sec.70-ssec.1) The public trustee may charge fees for taking steps under section 68 (3) or (6) or for acting as trustee under section 69 .\n(sec.70-ssec.2) The personal representative of the testator must pay to the public trustee out of the testator’s estate any fees charged by the public trustee under subsection (1) and any fees or costs incurred by the public trustee in taking steps under section 68 (3) or (6) .","sortOrder":86},{"sectionNumber":"sec.71","sectionType":"section","heading":"Transfer or distribution of property by trustee","content":"### sec.71 Transfer or distribution of property by trustee\n\nSubject to this section, a trustee may transfer or distribute property to a person who appears entitled to it without finding out whether the person’s entitlement is affected by a cultural recognition order.\nA trustee who transfers or distributes property under subsection (1) is not liable to a person claiming directly or indirectly because of an order unless the trustee has written or other notice of the claim before the transfer or distribution.\nThis section does not affect a person’s right to follow property into the hands of a person, other than a purchaser for value, who has received it.\nIn this section—\ntrustee includes a personal representative of the testator.\n(sec.71-ssec.1) Subject to this section, a trustee may transfer or distribute property to a person who appears entitled to it without finding out whether the person’s entitlement is affected by a cultural recognition order.\n(sec.71-ssec.2) A trustee who transfers or distributes property under subsection (1) is not liable to a person claiming directly or indirectly because of an order unless the trustee has written or other notice of the claim before the transfer or distribution.\n(sec.71-ssec.3) This section does not affect a person’s right to follow property into the hands of a person, other than a purchaser for value, who has received it.\n(sec.71-ssec.4) In this section— trustee includes a personal representative of the testator.","sortOrder":87},{"sectionNumber":"pt.8","sectionType":"part","heading":"Discharge of cultural recognition order","content":"# Discharge of cultural recognition order","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definition for part","content":"### sec.72 Definition for part\n\nIn this part—\nrelevant party means—\nfor a cultural recognition order about a child—\na birth parent of the child; or\na cultural parent of the child; or\nfor a cultural recognition order about an adult—\nthe adult; or\na birth parent of the adult; or\na cultural parent of the adult.\n- (a) for a cultural recognition order about a child— (i) a birth parent of the child; or (ii) a cultural parent of the child; or\n- (i) a birth parent of the child; or\n- (ii) a cultural parent of the child; or\n- (b) for a cultural recognition order about an adult— (i) the adult; or (ii) a birth parent of the adult; or (iii) a cultural parent of the adult.\n- (i) the adult; or\n- (ii) a birth parent of the adult; or\n- (iii) a cultural parent of the adult.\n- (i) a birth parent of the child; or\n- (ii) a cultural parent of the child; or\n- (i) the adult; or\n- (ii) a birth parent of the adult; or\n- (iii) a cultural parent of the adult.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Grounds for discharge","content":"### sec.73 Grounds for discharge\n\nA relevant party for a cultural recognition order may apply to the court for an order (a discharge order ) discharging the cultural recognition order on any of the following grounds—\nthe order was made—\nbecause of a false or misleading document or representation; or\nbecause a person acted fraudulently or used undue influence on another person; or\nbecause a person did not provide full, free and informed consent; or\non some other improper basis; or\nthere are other exceptional circumstances that warrant the discharge.\nIn this section—\nundue influence includes—\nthe use or threatened use of force or restraint; and\ncausing or threatening to cause injury; and\ncausing or threatening to cause any other detriment.\n(sec.73-ssec.1) A relevant party for a cultural recognition order may apply to the court for an order (a discharge order ) discharging the cultural recognition order on any of the following grounds— the order was made— because of a false or misleading document or representation; or because a person acted fraudulently or used undue influence on another person; or because a person did not provide full, free and informed consent; or on some other improper basis; or there are other exceptional circumstances that warrant the discharge.\n(sec.73-ssec.2) In this section— undue influence includes— the use or threatened use of force or restraint; and causing or threatening to cause injury; and causing or threatening to cause any other detriment.\n- (a) the order was made— (i) because of a false or misleading document or representation; or (ii) because a person acted fraudulently or used undue influence on another person; or (iii) because a person did not provide full, free and informed consent; or (iv) on some other improper basis; or\n- (i) because of a false or misleading document or representation; or\n- (ii) because a person acted fraudulently or used undue influence on another person; or\n- (iii) because a person did not provide full, free and informed consent; or\n- (iv) on some other improper basis; or\n- (b) there are other exceptional circumstances that warrant the discharge.\n- (i) because of a false or misleading document or representation; or\n- (ii) because a person acted fraudulently or used undue influence on another person; or\n- (iii) because a person did not provide full, free and informed consent; or\n- (iv) on some other improper basis; or\n- (a) the use or threatened use of force or restraint; and\n- (b) causing or threatening to cause injury; and\n- (c) causing or threatening to cause any other detriment.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application for discharge order","content":"### sec.74 Application for discharge order\n\nAn application for a discharge order must be made to a court.\nThe application must state the ground on which it is made.\nAs soon as practicable after filing the application in the court, the applicant must serve a copy of it on—\neach person—\nother than the applicant, who was a relevant party for the cultural recognition order; and\nwho was required to consent to the application for the cultural recognition order; and\nthe commissioner.\nA served copy of the application for a discharge order must state where and when the application is to be heard.\nThe court may dispense with the requirement to serve a copy of the application on a person if the court is satisfied—\nthe applicant can not locate the person after making all reasonable enquiries; or\nthe person is deceased.\n(sec.74-ssec.1) An application for a discharge order must be made to a court.\n(sec.74-ssec.2) The application must state the ground on which it is made.\n(sec.74-ssec.3) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on— each person— other than the applicant, who was a relevant party for the cultural recognition order; and who was required to consent to the application for the cultural recognition order; and the commissioner.\n(sec.74-ssec.4) A served copy of the application for a discharge order must state where and when the application is to be heard.\n(sec.74-ssec.5) The court may dispense with the requirement to serve a copy of the application on a person if the court is satisfied— the applicant can not locate the person after making all reasonable enquiries; or the person is deceased.\n- (a) each person— (i) other than the applicant, who was a relevant party for the cultural recognition order; and (ii) who was required to consent to the application for the cultural recognition order; and\n- (i) other than the applicant, who was a relevant party for the cultural recognition order; and\n- (ii) who was required to consent to the application for the cultural recognition order; and\n- (b) the commissioner.\n- (i) other than the applicant, who was a relevant party for the cultural recognition order; and\n- (ii) who was required to consent to the application for the cultural recognition order; and\n- (a) the applicant can not locate the person after making all reasonable enquiries; or\n- (b) the person is deceased.","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"Respondent","content":"### sec.75 Respondent\n\nA person, other than the commissioner, who is served with a copy of an application for a discharge order is a respondent in the proceeding.","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Hearing of application in absence of party","content":"### sec.76 Hearing of application in absence of party\n\nA court may hear and decide an application for a discharge order only—\nif the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or\nif the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding.\nHowever, the court may hear and decide the application in the absence of a relevant party if—\nthe party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or\nthe court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) .\nSubsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding.\n(sec.76-ssec.1) A court may hear and decide an application for a discharge order only— if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding.\n(sec.76-ssec.2) However, the court may hear and decide the application in the absence of a relevant party if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) .\n(sec.76-ssec.3) Subsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding.\n- (a) if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or\n- (b) if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding.\n- (a) the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or\n- (b) the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) .","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":"Court may make a discharge order","content":"### sec.77 Court may make a discharge order\n\nThe court may make a discharge order only if satisfied of a ground mentioned in section 73 (1) .\nHowever, if an application for a discharge order is about a child who was the subject of a cultural recognition order, the court may only make a discharge order if it considers the discharge is for the wellbeing and in the best interests of the child.\nThe discharge order must state the following information—\nthe name of the person who applied for the discharge order;\nthe name of the person about whom the cultural recognition order was made and the date the order was made;\nthe date the discharge order is made;\nany other information prescribed by regulation.\nAlso, if the court makes a discharge order, it may also—\nmake any other order it considers appropriate in the interests of justice; and\nif the person the subject of the cultural recognition order is a child—make any other order to protect the wellbeing and best interests of the child.\nAn order, other than a discharge order, made under subsection (4) may be about any matter relating to the wellbeing or best interests of the person, including, for example, any of the following matters—\nif the person the subject of the cultural recognition order is a child—\nthe ownership of property; or\nthe child’s name; or\nthe custody or guardianship of the child;\nif the person the subject of the cultural recognition order is an adult—the ownership of property.\n(sec.77-ssec.1) The court may make a discharge order only if satisfied of a ground mentioned in section 73 (1) .\n(sec.77-ssec.2) However, if an application for a discharge order is about a child who was the subject of a cultural recognition order, the court may only make a discharge order if it considers the discharge is for the wellbeing and in the best interests of the child.\n(sec.77-ssec.3) The discharge order must state the following information— the name of the person who applied for the discharge order; the name of the person about whom the cultural recognition order was made and the date the order was made; the date the discharge order is made; any other information prescribed by regulation.\n(sec.77-ssec.4) Also, if the court makes a discharge order, it may also— make any other order it considers appropriate in the interests of justice; and if the person the subject of the cultural recognition order is a child—make any other order to protect the wellbeing and best interests of the child.\n(sec.77-ssec.5) An order, other than a discharge order, made under subsection (4) may be about any matter relating to the wellbeing or best interests of the person, including, for example, any of the following matters— if the person the subject of the cultural recognition order is a child— the ownership of property; or the child’s name; or the custody or guardianship of the child; if the person the subject of the cultural recognition order is an adult—the ownership of property.\n- (a) the name of the person who applied for the discharge order;\n- (b) the name of the person about whom the cultural recognition order was made and the date the order was made;\n- (c) the date the discharge order is made;\n- (d) any other information prescribed by regulation.\n- (a) make any other order it considers appropriate in the interests of justice; and\n- (b) if the person the subject of the cultural recognition order is a child—make any other order to protect the wellbeing and best interests of the child.\n- (a) if the person the subject of the cultural recognition order is a child— (i) the ownership of property; or (ii) the child’s name; or (iii) the custody or guardianship of the child;\n- (i) the ownership of property; or\n- (ii) the child’s name; or\n- (iii) the custody or guardianship of the child;\n- (b) if the person the subject of the cultural recognition order is an adult—the ownership of property.\n- (i) the ownership of property; or\n- (ii) the child’s name; or\n- (iii) the custody or guardianship of the child;","sortOrder":94},{"sectionNumber":"sec.78","sectionType":"section","heading":"Effect of discharge order","content":"### sec.78 Effect of discharge order\n\nOn the making of a discharge order discharging a cultural recognition order, the rights, privileges, duties, liabilities and relationships of the person and each relevant party to the cultural recognition order are the same as if the cultural recognition order had not been made.\nHowever, the making of the discharge order does not affect—\nanything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or\na right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force.\nAlso, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have—\nthe familial relationships that resulted from the making of the cultural recognition order; and\nthe familial relationships resulting from the making of the discharge order.\n(sec.78-ssec.1) On the making of a discharge order discharging a cultural recognition order, the rights, privileges, duties, liabilities and relationships of the person and each relevant party to the cultural recognition order are the same as if the cultural recognition order had not been made.\n(sec.78-ssec.2) However, the making of the discharge order does not affect— anything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or a right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force.\n(sec.78-ssec.3) Also, for the purpose of applying a law relating to a sexual offence where a familial relationship is relevant, the person is taken to have— the familial relationships that resulted from the making of the cultural recognition order; and the familial relationships resulting from the making of the discharge order.\n- (a) anything lawfully done, or the consequences of anything lawfully done, while the cultural recognition order was in force; or\n- (b) a right, privilege or liability acquired, accrued or incurred while the cultural recognition order was in force.\n- (a) the familial relationships that resulted from the making of the cultural recognition order; and\n- (b) the familial relationships resulting from the making of the discharge order.","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":"Applicant must give copy of order","content":"### sec.79 Applicant must give copy of order\n\nAs soon as practicable after a discharge order is made, the applicant for the discharge order must give a certified copy of the discharge order to—\nthe registrar; and\nthe commissioner.\n- (a) the registrar; and\n- (b) the commissioner.","sortOrder":96},{"sectionNumber":"pt.9","sectionType":"part","heading":"Court proceedings","content":"# Court proceedings","sortOrder":97},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":98},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of part 9","content":"### sec.80 Application of part 9\n\nThis part applies to a proceeding under this Act.","sortOrder":99},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Constitution of court and procedural provisions","content":"## Constitution of court and procedural provisions","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Court’s constitution","content":"### sec.81 Court’s constitution\n\nWhen exercising its jurisdiction under this Act, a court must be constituted by a Childrens Court judge.","sortOrder":101},{"sectionNumber":"sec.82","sectionType":"section","heading":"Court rules","content":"### sec.82 Court rules\n\nThe Uniform Civil Procedure Rules 1999 apply in relation to proceedings under this Act as if the proceedings were proceedings in the District Court.\nHowever, the Uniform Civil Procedure Rules 1999 do not apply for a matter in relation to a proceeding in the Childrens Court that is provided for under rules of that court made under the Childrens Court Act 1992 .\n(sec.82-ssec.1) The Uniform Civil Procedure Rules 1999 apply in relation to proceedings under this Act as if the proceedings were proceedings in the District Court.\n(sec.82-ssec.2) However, the Uniform Civil Procedure Rules 1999 do not apply for a matter in relation to a proceeding in the Childrens Court that is provided for under rules of that court made under the Childrens Court Act 1992 .","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"Court fees","content":"### sec.83 Court fees\n\nA regulation made under the Supreme Court of Queensland Act 1991 about how fees are to be received and dealt with in the courts applies in relation to a proceeding in the Childrens Court under this Act as if the proceeding were a proceeding in the District Court.","sortOrder":103},{"sectionNumber":"sec.84","sectionType":"section","heading":"Court’s paramount consideration","content":"### sec.84 Court’s paramount consideration\n\nIn exercising its jurisdiction or powers under this Act a court must regard the wellbeing and best interests of a child as paramount.","sortOrder":104},{"sectionNumber":"sec.85","sectionType":"section","heading":"Evidence","content":"### sec.85 Evidence\n\nA court is not bound by the rules of evidence, but may inform itself in any way it thinks appropriate.\nIf, on an application for an order under this Act, the court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.\n(sec.85-ssec.1) A court is not bound by the rules of evidence, but may inform itself in any way it thinks appropriate.\n(sec.85-ssec.2) If, on an application for an order under this Act, the court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.","sortOrder":105},{"sectionNumber":"sec.86","sectionType":"section","heading":"Court to ensure parties understand proceeding","content":"### sec.86 Court to ensure parties understand proceeding\n\nA court must, as far as practicable, ensure the parties to a proceeding understand the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court.","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Expert help","content":"### sec.87 Expert help\n\nA court may appoint a person with special knowledge or a special skill to help the court.\nThe court may act under subsection (1) on the court’s own initiative or on the application of a party to the proceeding.\n(sec.87-ssec.1) A court may appoint a person with special knowledge or a special skill to help the court.\n(sec.87-ssec.2) The court may act under subsection (1) on the court’s own initiative or on the application of a party to the proceeding.","sortOrder":107},{"sectionNumber":"sec.88","sectionType":"section","heading":"Right of appearance and representation","content":"### sec.88 Right of appearance and representation\n\nA party to a proceeding may appear in person or be represented by a lawyer.\nAlso, if a party for any reason can not appear in person in a proceeding, another person appointed in writing by the party may, with the leave of the court, represent the party in the proceeding.\n(sec.88-ssec.1) A party to a proceeding may appear in person or be represented by a lawyer.\n(sec.88-ssec.2) Also, if a party for any reason can not appear in person in a proceeding, another person appointed in writing by the party may, with the leave of the court, represent the party in the proceeding.","sortOrder":108},{"sectionNumber":"sec.89","sectionType":"section","heading":"Child can not be compelled to give evidence","content":"### sec.89 Child can not be compelled to give evidence\n\nIn a proceeding, a child may be called to give evidence only with the leave of the court.\nThe court may grant leave only if the child—\nis at least 12 years; and\nis represented by a lawyer; and\nagrees to give evidence.\nIf the child gives evidence, the child may be cross-examined only with the leave of the court.\n(sec.89-ssec.1) In a proceeding, a child may be called to give evidence only with the leave of the court.\n(sec.89-ssec.2) The court may grant leave only if the child— is at least 12 years; and is represented by a lawyer; and agrees to give evidence.\n(sec.89-ssec.3) If the child gives evidence, the child may be cross-examined only with the leave of the court.\n- (a) is at least 12 years; and\n- (b) is represented by a lawyer; and\n- (c) agrees to give evidence.","sortOrder":109},{"sectionNumber":"sec.90","sectionType":"section","heading":"Court may hear submissions from non-parties to proceeding","content":"### sec.90 Court may hear submissions from non-parties to proceeding\n\nIn a proceeding, the court may hear submissions from the following persons—\na member of the family of the child to whom the proceeding relates;\nanyone else the court considers is able to inform it on any matter relevant to the proceeding.\nA submission may be made by a person’s lawyer.\n(sec.90-ssec.1) In a proceeding, the court may hear submissions from the following persons— a member of the family of the child to whom the proceeding relates; anyone else the court considers is able to inform it on any matter relevant to the proceeding.\n(sec.90-ssec.2) A submission may be made by a person’s lawyer.\n- (a) a member of the family of the child to whom the proceeding relates;\n- (b) anyone else the court considers is able to inform it on any matter relevant to the proceeding.","sortOrder":110},{"sectionNumber":"sec.91","sectionType":"section","heading":"Costs","content":"### sec.91 Costs\n\nEach party to a proceeding must pay its own costs of the proceeding.","sortOrder":111},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":112},{"sectionNumber":"sec.92","sectionType":"section","heading":"Who may appeal","content":"### sec.92 Who may appeal\n\nA party may appeal to the appellate court against a decision on an application if—\nthe party was an applicant for a dispensation order and the dispensation order was not made; or\nthe party is a stated party and a dispensation order has been made about the party; or\nthe party was an applicant for a discharge order and the discharge order was not made.\n- (a) the party was an applicant for a dispensation order and the dispensation order was not made; or\n- (b) the party is a stated party and a dispensation order has been made about the party; or\n- (c) the party was an applicant for a discharge order and the discharge order was not made.","sortOrder":113},{"sectionNumber":"sec.93","sectionType":"section","heading":"How to start appeal","content":"### sec.93 How to start appeal\n\nThe appeal is started by filing a notice of appeal with the registrar of the appellate court.\nThe appellant must serve a copy of the notice—\nif section 92 (a) or (c) applies—on each other person entitled to appeal against the decision; or\nif section 92 (b) applies—on the person who applied for the dispensation order.\nThe notice of appeal must be filed within 28 days after the decision is made.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\n(sec.93-ssec.1) The appeal is started by filing a notice of appeal with the registrar of the appellate court.\n(sec.93-ssec.2) The appellant must serve a copy of the notice— if section 92 (a) or (c) applies—on each other person entitled to appeal against the decision; or if section 92 (b) applies—on the person who applied for the dispensation order.\n(sec.93-ssec.3) The notice of appeal must be filed within 28 days after the decision is made.\n(sec.93-ssec.4) The court may at any time extend the period for filing the notice of appeal.\n(sec.93-ssec.5) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) if section 92 (a) or (c) applies—on each other person entitled to appeal against the decision; or\n- (b) if section 92 (b) applies—on the person who applied for the dispensation order.","sortOrder":114},{"sectionNumber":"sec.94","sectionType":"section","heading":"Stay of decision","content":"### sec.94 Stay of decision\n\nThe appellate court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay must not extend past the time when the court decides the appeal.\nThe starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n(sec.94-ssec.1) The appellate court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.94-ssec.2) A stay— may be given on conditions; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.94-ssec.3) The period of a stay must not extend past the time when the court decides the appeal.\n(sec.94-ssec.4) The starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":115},{"sectionNumber":"sec.95","sectionType":"section","heading":"Hearing procedures","content":"### sec.95 Hearing procedures\n\nAn appeal must be decided on the evidence and proceedings before the court.","sortOrder":116},{"sectionNumber":"sec.96","sectionType":"section","heading":"Powers of appellate court","content":"### sec.96 Powers of appellate court\n\nIn deciding an appeal, the appellate court may—\nconfirm the decision appealed against; or\nvary the decision appealed against; or\nset aside the decision appealed against and substitute another decision; or\nset aside the decision appealed against and remit the matter to the court that made the decision.\n- (a) confirm the decision appealed against; or\n- (b) vary the decision appealed against; or\n- (c) set aside the decision appealed against and substitute another decision; or\n- (d) set aside the decision appealed against and remit the matter to the court that made the decision.","sortOrder":117},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":118},{"sectionNumber":"sec.97","sectionType":"section","heading":"Court hearings not public","content":"### sec.97 Court hearings not public\n\nThis section applies to the hearing in the court or the appellate court of a proceeding under this Act.\nThe hearing for the proceeding is not open to the public.\nDespite section 20 of the Childrens Court Act 1992 , a court must exclude from the room in which the court is sitting a person who is not—\na child to whom the proceedings relates: or\nan adult who is the subject of a cultural recognition order relevant to the proceeding; or\nan appellant; or\na respondent; or\nif the proceeding relates to a child who is the subject of a cultural recognition order—\nthe child’s birth parent; or\nthe child’s cultural parent; or\nthe child’s other carer; or\nthe commissioner; or\na lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or\na witness giving evidence.\nHowever, the court may permit a person who is not mentioned in subsection (3) to be present during the hearing if the court is satisfied it is in the interests of justice to do so.\n(sec.97-ssec.1) This section applies to the hearing in the court or the appellate court of a proceeding under this Act.\n(sec.97-ssec.2) The hearing for the proceeding is not open to the public.\n(sec.97-ssec.3) Despite section 20 of the Childrens Court Act 1992 , a court must exclude from the room in which the court is sitting a person who is not— a child to whom the proceedings relates: or an adult who is the subject of a cultural recognition order relevant to the proceeding; or an appellant; or a respondent; or if the proceeding relates to a child who is the subject of a cultural recognition order— the child’s birth parent; or the child’s cultural parent; or the child’s other carer; or the commissioner; or a lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or a witness giving evidence.\n(sec.97-ssec.4) However, the court may permit a person who is not mentioned in subsection (3) to be present during the hearing if the court is satisfied it is in the interests of justice to do so.\n- (a) a child to whom the proceedings relates: or\n- (b) an adult who is the subject of a cultural recognition order relevant to the proceeding; or\n- (c) an appellant; or\n- (d) a respondent; or\n- (e) if the proceeding relates to a child who is the subject of a cultural recognition order— (i) the child’s birth parent; or (ii) the child’s cultural parent; or (iii) the child’s other carer; or\n- (i) the child’s birth parent; or\n- (ii) the child’s cultural parent; or\n- (iii) the child’s other carer; or\n- (f) the commissioner; or\n- (g) a lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or\n- (h) a witness giving evidence.\n- (i) the child’s birth parent; or\n- (ii) the child’s cultural parent; or\n- (iii) the child’s other carer; or","sortOrder":119},{"sectionNumber":"sec.98","sectionType":"section","heading":"Access to court records","content":"### sec.98 Access to court records\n\nA person may not have access to the record of proceedings in the court or the appellate court in relation to a proceeding under this Act about a cultural recognition order unless the court, on application by an applicant for the order, or the commissioner, has given approval to access the record.\nThe court may give access to all or part of the record of proceedings.\nWithout limiting the reasons for which the court may refuse to give a person access to all or part of the record of proceedings, the court may refuse to give access if—\nthe person has not produced to the registrar or another appropriate officer of the court proof of the person’s identity; or\nthe person has not complied with a requirement of the court under any law or rule of practice relating to inspection of and release of information generally from its record of proceedings.\nIn this section—\nrecord of proceedings includes—\na written transcript of the proceedings; and\nthe documents in the court file for the proceedings; and\nan appeal book in relation to the proceedings.\n(sec.98-ssec.1) A person may not have access to the record of proceedings in the court or the appellate court in relation to a proceeding under this Act about a cultural recognition order unless the court, on application by an applicant for the order, or the commissioner, has given approval to access the record.\n(sec.98-ssec.2) The court may give access to all or part of the record of proceedings.\n(sec.98-ssec.3) Without limiting the reasons for which the court may refuse to give a person access to all or part of the record of proceedings, the court may refuse to give access if— the person has not produced to the registrar or another appropriate officer of the court proof of the person’s identity; or the person has not complied with a requirement of the court under any law or rule of practice relating to inspection of and release of information generally from its record of proceedings.\n(sec.98-ssec.4) In this section— record of proceedings includes— a written transcript of the proceedings; and the documents in the court file for the proceedings; and an appeal book in relation to the proceedings.\n- (a) the person has not produced to the registrar or another appropriate officer of the court proof of the person’s identity; or\n- (b) the person has not complied with a requirement of the court under any law or rule of practice relating to inspection of and release of information generally from its record of proceedings.\n- (a) a written transcript of the proceedings; and\n- (b) the documents in the court file for the proceedings; and\n- (c) an appeal book in relation to the proceedings.","sortOrder":120},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Offences and legal proceedings","content":"## Offences and legal proceedings","sortOrder":121},{"sectionNumber":"sec.99","sectionType":"section","heading":"False or misleading information","content":"### sec.99 False or misleading information\n\nA person must not give information under this Act to the commissioner that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":122},{"sectionNumber":"sec.100","sectionType":"section","heading":"Offences against this Act","content":"### sec.100 Offences against this Act\n\nA proceeding for an offence against this Act is to be heard and decided summarily.\nA proceeding for the offence must start within the later of the following periods to end—\n1 year after the offence was allegedly committed;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was allegedly committed.\n(sec.100-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.\n(sec.100-ssec.2) A proceeding for the offence must start within the later of the following periods to end— 1 year after the offence was allegedly committed; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was allegedly committed.\n- (a) 1 year after the offence was allegedly committed;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was allegedly committed.","sortOrder":123},{"sectionNumber":"pt.10","sectionType":"part","heading":"Confidentiality and access to information","content":"# Confidentiality and access to information","sortOrder":124},{"sectionNumber":"sec.101","sectionType":"section","heading":"Definitions for part","content":"### sec.101 Definitions for part\n\nIn this part—\nconfidential information —\nmeans the following information—\npersonal information;\ninformation in relation to an Ailan Kastom child rearing practice that a person knows is of a secret or sacred nature; and\ndoes not include information that is lawfully available to the public.\npersonal information see the Information Privacy Act 2009 , section 12 .\nsacred means sacred according to Ailan Kastom.\nsecret means secret according to Ailan Kastom.\n- (a) means the following information— (i) personal information; (ii) information in relation to an Ailan Kastom child rearing practice that a person knows is of a secret or sacred nature; and\n- (i) personal information;\n- (ii) information in relation to an Ailan Kastom child rearing practice that a person knows is of a secret or sacred nature; and\n- (b) does not include information that is lawfully available to the public.\n- (i) personal information;\n- (ii) information in relation to an Ailan Kastom child rearing practice that a person knows is of a secret or sacred nature; and","sortOrder":125},{"sectionNumber":"sec.102","sectionType":"section","heading":"Confidentiality of information","content":"### sec.102 Confidentiality of information\n\nAn administrator must not, directly or indirectly, disclose confidential information, that has become known to the administrator in the course of performing the administrator’s functions under this Act, to another person unless the disclosure is permitted under subsection (2) or (3) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nAn administrator is permitted to disclose confidential information, other than information that the administrator knows is of a secret or sacred nature, to another person—\nunder this Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates.\nThe commissioner may disclose information that is contained in a person’s criminal history if the disclosure is made in—\na notice of intention; or\na statement of reasons given under section 58 (2) (a) .\n(sec.102-ssec.1) An administrator must not, directly or indirectly, disclose confidential information, that has become known to the administrator in the course of performing the administrator’s functions under this Act, to another person unless the disclosure is permitted under subsection (2) or (3) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.102-ssec.2) An administrator is permitted to disclose confidential information, other than information that the administrator knows is of a secret or sacred nature, to another person— under this Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates.\n(sec.102-ssec.3) The commissioner may disclose information that is contained in a person’s criminal history if the disclosure is made in— a notice of intention; or a statement of reasons given under section 58 (2) (a) .\n- (a) under this Act; or\n- (b) if the disclosure is otherwise required or permitted by law; or\n- (c) if the person to whom the information relates consents to the disclosure; or\n- (d) if the disclosure is in a form that does not identify the person to whom the information relates.\n- (a) a notice of intention; or\n- (b) a statement of reasons given under section 58 (2) (a) .","sortOrder":126},{"sectionNumber":"sec.103","sectionType":"section","heading":"Access to particular information","content":"### sec.103 Access to particular information\n\nAn applicant for a cultural recognition order may apply in writing to the commissioner for a copy of restricted information about the application for a cultural recognition order.\nIn deciding whether or not to grant the application for a copy of restricted information the commissioner must have regard to—\nthe need to protect a person’s privacy; and\nthe need to safeguard a person from harm.\nIf the commissioner grants the application, the commissioner may grant access to all or a part of the restricted information.\nIf the commissioner decides not to grant the application, the commissioner must give the applicant written notice of the commissioner’s decision and a statement of reasons for the decision.\nIn this section—\nrestricted information , about an application for a cultural recognition order, means—\nthe application for the order; or\ninformation or a document that accompanied the application for the order; or\ninformation or a document that was given to the commissioner under section 41 ; or\na statement of reasons given under section 58 (2) or (3) .\n(sec.103-ssec.1) An applicant for a cultural recognition order may apply in writing to the commissioner for a copy of restricted information about the application for a cultural recognition order.\n(sec.103-ssec.2) In deciding whether or not to grant the application for a copy of restricted information the commissioner must have regard to— the need to protect a person’s privacy; and the need to safeguard a person from harm.\n(sec.103-ssec.3) If the commissioner grants the application, the commissioner may grant access to all or a part of the restricted information.\n(sec.103-ssec.4) If the commissioner decides not to grant the application, the commissioner must give the applicant written notice of the commissioner’s decision and a statement of reasons for the decision.\n(sec.103-ssec.5) In this section— restricted information , about an application for a cultural recognition order, means— the application for the order; or information or a document that accompanied the application for the order; or information or a document that was given to the commissioner under section 41 ; or a statement of reasons given under section 58 (2) or (3) .\n- (a) the need to protect a person’s privacy; and\n- (b) the need to safeguard a person from harm.\n- (a) the application for the order; or\n- (b) information or a document that accompanied the application for the order; or\n- (c) information or a document that was given to the commissioner under section 41 ; or\n- (d) a statement of reasons given under section 58 (2) or (3) .","sortOrder":127},{"sectionNumber":"sec.104","sectionType":"section","heading":"Publishing identifying material","content":"### sec.104 Publishing identifying material\n\nThis section applies to material ( identifying material ) that is confidential information or other information that identifies, or is likely to lead to the identification of, a person as—\na party, or relative of a party, to an application for a cultural recognition order; or\na party, or relative of a party, to a court proceeding relating to an application for a discharge order; or\na person whose consent to an application for a cultural recognition order is or was required.\nA person must not publish identifying material unless written consent to the publication has been given, for each identified person, by—\nfor an identified person who is a child the subject of a cultural recognition order or an application for a cultural recognition order—the birth parents and the cultural parents of the child; or\nfor an identified person who is an adult—that person.\nMaximum penalty—\nfor an individual—100 penalty units or 2 years imprisonment; or\nfor a corporation—1,000 penalty units.\nIn this section—\nidentified person , in relation to identifying material, means a person identified by the material as a person mentioned in subsection (1) (a) to (c) .\npublish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.\n(sec.104-ssec.1) This section applies to material ( identifying material ) that is confidential information or other information that identifies, or is likely to lead to the identification of, a person as— a party, or relative of a party, to an application for a cultural recognition order; or a party, or relative of a party, to a court proceeding relating to an application for a discharge order; or a person whose consent to an application for a cultural recognition order is or was required.\n(sec.104-ssec.2) A person must not publish identifying material unless written consent to the publication has been given, for each identified person, by— for an identified person who is a child the subject of a cultural recognition order or an application for a cultural recognition order—the birth parents and the cultural parents of the child; or for an identified person who is an adult—that person. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units.\n(sec.104-ssec.3) In this section— identified person , in relation to identifying material, means a person identified by the material as a person mentioned in subsection (1) (a) to (c) . publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.\n- (a) a party, or relative of a party, to an application for a cultural recognition order; or\n- (b) a party, or relative of a party, to a court proceeding relating to an application for a discharge order; or\n- (c) a person whose consent to an application for a cultural recognition order is or was required.\n- (a) for an identified person who is a child the subject of a cultural recognition order or an application for a cultural recognition order—the birth parents and the cultural parents of the child; or\n- (b) for an identified person who is an adult—that person.\n- (a) for an individual—100 penalty units or 2 years imprisonment; or\n- (b) for a corporation—1,000 penalty units.","sortOrder":128},{"sectionNumber":"pt.11","sectionType":"part","heading":"Civil liability","content":"# Civil liability","sortOrder":129},{"sectionNumber":"sec.105","sectionType":"section","heading":"Administrator not civilly liable","content":"### sec.105 Administrator not civilly liable\n\nAn administrator is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a liability attaching to the administrator, the liability attaches instead to the State.\nThis section does not apply to an administrator if the administrator is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 105 amd 2022 No. 34 s 365 sch 3\n(sec.105-ssec.1) An administrator is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.105-ssec.2) If subsection (1) prevents a liability attaching to the administrator, the liability attaches instead to the State.\n(sec.105-ssec.3) This section does not apply to an administrator if the administrator is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 . s 105 amd 2022 No. 34 s 365 sch 3","sortOrder":130},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":131},{"sectionNumber":"sec.106","sectionType":"section","heading":"Relationship with Adoption Act 2009 and other laws","content":"### sec.106 Relationship with Adoption Act 2009 and other laws\n\nOn the making of a cultural recognition order about a child, the order has effect as if the order were a final adoption order made under the Adoption Act 2009 .\nWithout limiting subsection (1) , for any law the making of the cultural recognition order takes effect as if—\na child who is the subject of the cultural recognition order were a child adopted under the Adoption Act 2009 ; and\na cultural parent named in the cultural recognition order were an adoptive parent named in a final adoption order; and\na birth parent named in the cultural recognition order were a birth parent named in a final adoption order.\nIn this section—\nadoptive parent see the Adoption Act 2009 , schedule 3 .\nfinal adoption order see the Adoption Act 2009 , schedule 3 .\n(sec.106-ssec.1) On the making of a cultural recognition order about a child, the order has effect as if the order were a final adoption order made under the Adoption Act 2009 .\n(sec.106-ssec.2) Without limiting subsection (1) , for any law the making of the cultural recognition order takes effect as if— a child who is the subject of the cultural recognition order were a child adopted under the Adoption Act 2009 ; and a cultural parent named in the cultural recognition order were an adoptive parent named in a final adoption order; and a birth parent named in the cultural recognition order were a birth parent named in a final adoption order.\n(sec.106-ssec.3) In this section— adoptive parent see the Adoption Act 2009 , schedule 3 . final adoption order see the Adoption Act 2009 , schedule 3 .\n- (a) a child who is the subject of the cultural recognition order were a child adopted under the Adoption Act 2009 ; and\n- (b) a cultural parent named in the cultural recognition order were an adoptive parent named in a final adoption order; and\n- (c) a birth parent named in the cultural recognition order were a birth parent named in a final adoption order.","sortOrder":132},{"sectionNumber":"sec.107","sectionType":"section","heading":"Decisions and persons with impaired capacity","content":"### sec.107 Decisions and persons with impaired capacity\n\nThis section applies if—\na decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and\nthe decision may affect the rights and interests of an adult with impaired capacity.\nIn making the decision, the decision-maker must take into account—\nthe adult’s right to participate, to the greatest extent practicable, in the decision making process; and\nthat the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process.\nIn addition, the decision-maker must ensure that, to the greatest extent practicable, the adult’s views, wishes and preferences are sought and taken into account before making the decision.\nThe adult’s views, wishes and preferences may be expressed orally, in writing or in another way, including, for example, by conduct.\nIn this section—\ncapacity see the Guardianship and Administration Act 2000 , schedule 4 .\nimpaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\n(sec.107-ssec.1) This section applies if— a decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and the decision may affect the rights and interests of an adult with impaired capacity.\n(sec.107-ssec.2) In making the decision, the decision-maker must take into account— the adult’s right to participate, to the greatest extent practicable, in the decision making process; and that the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process.\n(sec.107-ssec.3) In addition, the decision-maker must ensure that, to the greatest extent practicable, the adult’s views, wishes and preferences are sought and taken into account before making the decision.\n(sec.107-ssec.4) The adult’s views, wishes and preferences may be expressed orally, in writing or in another way, including, for example, by conduct.\n(sec.107-ssec.5) In this section— capacity see the Guardianship and Administration Act 2000 , schedule 4 . impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\n- (a) a decision-maker is making a decision under part 5 , 8 , 9 or 10 ; and\n- (b) the decision may affect the rights and interests of an adult with impaired capacity.\n- (a) the adult’s right to participate, to the greatest extent practicable, in the decision making process; and\n- (b) that the adult must be given the support and access to information necessary to enable the adult to make a decision as part of, or participate in, the decision making process.","sortOrder":133},{"sectionNumber":"sec.108","sectionType":"section","heading":"Commissioner may make guidelines","content":"### sec.108 Commissioner may make guidelines\n\nThe commissioner may make guidelines for matters within the scope of this Act to help compliance with this Act.\nThe guidelines—\nmust be consistent with this Act; and\nmay include—\nprocedures about how an application may be considered; and\nprocedures for making cultural recognition orders; and\nprocedures about internal reviews; and\nprocedures about any other matter the commissioner considers relevant.\nThe guidelines must be published on the department’s website.\nIn this section—\ndepartment’s website means a website, or part of a website—\nadministered by the department; and\nwith a URL that contains qld.gov.au.\n(sec.108-ssec.1) The commissioner may make guidelines for matters within the scope of this Act to help compliance with this Act.\n(sec.108-ssec.2) The guidelines— must be consistent with this Act; and may include— procedures about how an application may be considered; and procedures for making cultural recognition orders; and procedures about internal reviews; and procedures about any other matter the commissioner considers relevant.\n(sec.108-ssec.3) The guidelines must be published on the department’s website.\n(sec.108-ssec.4) In this section— department’s website means a website, or part of a website— administered by the department; and with a URL that contains qld.gov.au.\n- (a) must be consistent with this Act; and\n- (b) may include— (i) procedures about how an application may be considered; and (ii) procedures for making cultural recognition orders; and (iii) procedures about internal reviews; and (iv) procedures about any other matter the commissioner considers relevant.\n- (i) procedures about how an application may be considered; and\n- (ii) procedures for making cultural recognition orders; and\n- (iii) procedures about internal reviews; and\n- (iv) procedures about any other matter the commissioner considers relevant.\n- (i) procedures about how an application may be considered; and\n- (ii) procedures for making cultural recognition orders; and\n- (iii) procedures about internal reviews; and\n- (iv) procedures about any other matter the commissioner considers relevant.\n- (a) administered by the department; and\n- (b) with a URL that contains qld.gov.au.","sortOrder":134},{"sectionNumber":"sec.109","sectionType":"section","heading":"Approved forms","content":"### sec.109 Approved forms\n\nThe commissioner may approve forms for use under this Act.\nInformation in an approved form must, if the approved form requires, be verified by a signed statement.\n(sec.109-ssec.1) The commissioner may approve forms for use under this Act.\n(sec.109-ssec.2) Information in an approved form must, if the approved form requires, be verified by a signed statement.","sortOrder":135},{"sectionNumber":"sec.110","sectionType":"section","heading":"Annual report on office","content":"### sec.110 Annual report on office\n\nAs soon as practicable after each financial year, but not later than 31 October, the commissioner must give the Minister a report including—\na review of the operation of the office during the preceding financial year; and\nproposals for improving the operation of, and forecasts of the workload of, the office in the present financial year; and\nany other information required by the Minister relating to the performance of the commissioner’s functions or exercise of powers under this Act.\nThe report must not contain—\nconfidential information; or\nany other information that identifies, or is likely to lead to the identification of, a person as—\na child who was the subject of an application for a cultural recognition order; or\nan applicant for a cultural recognition order; or\na person, other than a person mentioned in paragraph (ii) , who was required to give a statement for an application for a cultural recognition order.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.110-ssec.1) As soon as practicable after each financial year, but not later than 31 October, the commissioner must give the Minister a report including— a review of the operation of the office during the preceding financial year; and proposals for improving the operation of, and forecasts of the workload of, the office in the present financial year; and any other information required by the Minister relating to the performance of the commissioner’s functions or exercise of powers under this Act.\n(sec.110-ssec.2) The report must not contain— confidential information; or any other information that identifies, or is likely to lead to the identification of, a person as— a child who was the subject of an application for a cultural recognition order; or an applicant for a cultural recognition order; or a person, other than a person mentioned in paragraph (ii) , who was required to give a statement for an application for a cultural recognition order.\n(sec.110-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n- (a) a review of the operation of the office during the preceding financial year; and\n- (b) proposals for improving the operation of, and forecasts of the workload of, the office in the present financial year; and\n- (c) any other information required by the Minister relating to the performance of the commissioner’s functions or exercise of powers under this Act.\n- (a) confidential information; or\n- (b) any other information that identifies, or is likely to lead to the identification of, a person as— (i) a child who was the subject of an application for a cultural recognition order; or (ii) an applicant for a cultural recognition order; or (iii) a person, other than a person mentioned in paragraph (ii) , who was required to give a statement for an application for a cultural recognition order.\n- (i) a child who was the subject of an application for a cultural recognition order; or\n- (ii) an applicant for a cultural recognition order; or\n- (iii) a person, other than a person mentioned in paragraph (ii) , who was required to give a statement for an application for a cultural recognition order.\n- (i) a child who was the subject of an application for a cultural recognition order; or\n- (ii) an applicant for a cultural recognition order; or\n- (iii) a person, other than a person mentioned in paragraph (ii) , who was required to give a statement for an application for a cultural recognition order.","sortOrder":136},{"sectionNumber":"sec.111","sectionType":"section","heading":"Review of Act and operations of office","content":"### sec.111 Review of Act and operations of office\n\nThe Minister must review the operation and efficacy of this Act within 2 years after its commencement.\nThe Minister must table in the Legislative Assembly a report on the outcome of the review as soon as practicable after the review is completed.\n(sec.111-ssec.1) The Minister must review the operation and efficacy of this Act within 2 years after its commencement.\n(sec.111-ssec.2) The Minister must table in the Legislative Assembly a report on the outcome of the review as soon as practicable after the review is completed.","sortOrder":137},{"sectionNumber":"sec.112","sectionType":"section","heading":"Regulation-making power","content":"### sec.112 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees payable under the Act ; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.112-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.112-ssec.2) A regulation may— prescribe fees payable under the Act ; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under the Act ; and\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":138}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act’s text implements a focused statutory regime to legally recognise Torres Strait Islander Ailan Kastom child rearing practice by creating a specialist commissioner and administrative and court procedures. Amendments shown in the text (cross‑references to the Public Sector Act 2022 and the Births, Deaths and Marriages Registration Act 2023, and procedural detail) align the Act with newer administrative frameworks and registration machinery but do not materially expand the Act’s substantive scope beyond its original purpose of creating a legal recognition pathway and setting out safeguards, registration and review processes (see e.g. ss12, 28, 64, 68, 105). The core aim — legal recognition of Ailan Kastom transfers via cultural recognition orders and the attendant effects on parentage and related legal relations — remains the governing scope (ss4, 8, 66, 106)."},"complexity_factors":["Multiple decision pathways (commissioner decision, ministerial internal review, court dispensation, court discharge, appeals)","Cross-references to several other Acts (Adoption Act 2009, Births, Deaths and Marriages Registration Act 2023, Public Sector Act 2022, Family Law Act 1975 (Cwlth), Guardianship and Administration Act 2000)","Differing rules and requirements depending on whether the subject is a child or an adult (many provisions have child/adult branches)","Extensive documentary requirements and prescribed signed statements from multiple persons (birth parents, cultural parents, informed persons, other carers)","Confidentiality regime with criminal penalties and publication prohibitions (ss101–104)","Time limits and procedural timeframes scattered through the Act (30 business days for information, 20 business days for internal review, notice periods, commissioner appointment terms)","Delegation and appointment mechanics: commissioner appointment, suspension/removal, appointment of acting commissioner and appointed persons to decide particular applications (ss11, 16, 19, 20, 21)","Administrative interactions with registrar and public trustee including special access rules and fee arrangements (ss63–71)","Legal standards and evidentiary flexibility (courts not bound by rules of evidence; balance of probabilities standard) (ss85–86)","Conflicting exclusion/exception provisions (e.g. confidentiality exceptions, court dispensation exceptions, interplay with ongoing Family Law or parentage proceedings)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a statutory process to give legal effect in Queensland to a Torres Strait Islander traditional child‑rearing arrangement called Ailan Kastom child rearing practice. In that practice, birth parents and cultural parents agree that parental rights and responsibilities transfer permanently from birth parents to cultural parents (s4, s8).\n- Sets up an independent office and a single decision‑maker — the Meriba Omasker Kaziw Kazipa commissioner — to receive, consider and decide applications for a cultural recognition order that records the transfer of parentage (s5, s11–s13, s22, s26).\n- Specifies who may apply, what documents and signed statements must accompany an application, and different procedures depending on whether the person subject to the application is a child or an adult (eligibility, consent and evidence requirements) (ss32–39, ss33–34).\n- Gives the commissioner powers to request additional information (30 business days by notice) and to obtain a cultural parent’s criminal history from police when deciding orders about children (ss41, 45–46).\n- Requires the commissioner to refuse or to make an order only after satisfying a set of conditions (full, free and informed consent as required; transfer occurred according to Ailan Kastom; wellbeing and best interests of the child, etc.) and to give statements of reasons for decisions (ss56, 57–58).\n- Treats a cultural recognition order, for legal purposes, as if it were a final adoption order under the Adoption Act 2009 (so legal parentage, inheritance and many related laws apply as though an adoption had occurred) (s106).\n- Provides internal review: if the commissioner refuses an order, the parties may jointly ask the Minister for an internal review; the Minister appoints an independent review officer who may confirm or revoke the decision (ss60–62).\n- Requires the commissioner to notify the births registrar and allows authorised persons to obtain certificates or source documents relating to the cultural recognition order through the Births, Deaths and Marriages register (ss63, 64).\n- Provides court pathways for (a) dispensing with required consent where a party cannot or will not consent, (b) discharging (set‑aside) a cultural recognition order on specific grounds (fraud, lack of informed consent, undue influence, exceptional circumstances), and (c) appeals—these proceedings are to be handled in the Children’s Court by a Children’s Court judge and are generally not open to the public (Parts 5, 8, 9; ss48–56; ss72–79; ss81–99; ss97–98).\n- Imposes strict confidentiality duties with criminal penalties for unlawful disclosure of confidential information (including information that is secret or sacred under Ailan Kastom) and prohibits publishing material likely to identify parties without written consent (ss101–104).\n\n**Who is affected**\n\n- Primary beneficiaries: persons (children or adults) who were the subject of an Ailan Kastom transfer, their birth parents and their cultural parents — because a cultural recognition order changes who is legally recognised as parent(s) (s66, s106).\n- Government actors and institutions: the commissioner and the Office of the Commissioner; the Minister (appointment and oversight roles); police (criminal history reports) and the births registrar (registration and certificate access) (ss11, 19, 45, 63, 64).\n- Courts: Children’s Court judges and the appellate court for appeals (ss81, 92–96).\n- Trustees and executors: public trustee interactions and duties if a will leaves property to a person described as a child where parentage was transferred by a cultural recognition order (ss68–71).\n- Broader public: publishers and media who might be criminally liable for publishing identifying material without consent (s104).\n\n**Why it matters (stated purpose, then practical effects and trade‑offs)**\n\nStated purpose: the Act expressly aims to recognise Ailan Kastom child rearing practice and create a legal pathway to recognise that practice (s4). The Act says it achieves this by appointing a commissioner to decide cultural recognition orders (s5).\n\nPractical effects and the concrete mechanisms that produce them:\n\n- Legal status and rights change: a cultural recognition order transfers legal parentage and has the same effect as a final adoption order for most legal purposes (parental responsibilities, inheritance, family law and related legislation) (ss66, 67, 106). That changes who can make decisions for the child, who can inherit or benefit under wills, and how other laws treat familial relationships.\n\n- Information and evidentiary burden: applicants must provide certified birth certificates, multiple signed statements addressing specific matters (from birth parents, cultural parents, informed persons, other carers), and may need to supply court orders if other legal orders exist (s33–39). This produces administrative and evidentiary costs for applicants and creates a record-based process the commissioner must assess.\n\n- Administrative costs and actors: the State administers the scheme by funding/determining the commissioner’s remuneration and staffing arrangements (ss14, 26, 30). The registrar and public trustee have statutory roles which may increase administrative workload for those offices (ss63, 68–70).\n\n- Confidentiality and privacy controls: the Act imposes criminal sanctions for unlawful disclosure of confidential information and restricts publication of identifying material (ss102, 104). This protects culturally sensitive information but creates compliance obligations for administrators and tight limits on public reporting.\n\n- Dispute resolution is institutionalised: refusal, internal review (Minister‑appointed reviewer), court dispensation where consent is missing, and court discharge proceedings provide multiple formal legal routes. The Minister’s role in appointing review officers and the Minister’s power to recommend or suspend/remove the commissioner introduce central executive involvement in the review/appointment chain (ss19, 20, 60–62).\n\n- Safeguards focused on children’s interests: decision‑makers must put the child’s wellbeing and best interests first and must consider recognition and preservation of Ailan Kastom and cultural sensitivity when making decisions (s6, s84). Courts hear these matters with restricted public access and relaxed evidence rules to enable culturally appropriate fact‑finding (ss44, 85, 97).\n\n**Who pays and who decides**\n\n- Who pays: administrative costs are borne by the State (payment of commissioner, office staff, registrar and public trustee fees may be charged to estates as provided) (ss14, 30, 70). Applicants bear costs of document preparation, certified copies and legal representation where they choose it.\n- Who decides: the commissioner is the primary decision‑maker for applications; the Minister appoints the commissioner and can appoint review officers for internal review and replacements where conflict arises; courts make dispensation and discharge decisions (ss11, 19, 60–62, 48–56, 72–79).\n\n**Compliance, discretion, risk and trade‑offs**\n\n- Compliance burden: multiple prescribed statements, certified documents, and potential police criminal history checks create a non‑trivial documentation burden on applicants and supporting persons (ss33–39, 45–46).\n- Executive discretion: Ministerial recommendation and appointment powers, and the Minister’s role in appointing review officers, concentrate certain key appointment and oversight powers in government (ss11, 19, 60–61). The commissioner is to act independently once appointed (s25), but removals and suspensions are ministerially influenced (s20).\n- Cultural sensitivity vs. legal clarity: confidentiality protections and allowance for non‑public hearings (ss102, 97) protect secret or sacred cultural material, but they limit transparency and third‑party scrutiny. The Act explicitly allows exceptions where disclosure is needed for decision‑making (e.g. criminal history in notices of intention and statements of reasons) (s102(3)).\n- Interaction with existing laws: the Act cross‑links to adoption law, birth registration law and other tribunals/courts (ss64, 66, 106). That reduces the need to re‑write family law consequences but creates cross‑jurisdictional dependencies (e.g. Family Law Act proceedings potentially active can affect dispensation timing) (s52).\n- Risk of contested outcomes: discharge and dispensation pathways, and the availability of appeals, create multiple points for litigation if parties dispute consent, capacity or procedural fairness. The Act sets time limits and procedural particularities (e.g. 30 business days for some responses, 20 business days for internal review filing) that can be decisive if not observed (ss41, 46, 57, 60).\n\n**Quick practical checklist for an applicant**\n\n- Confirm eligibility (at least one birth parent Torres Strait Islander; birth registered in Queensland; at least one cultural parent Torres Strait Islander at time of transfer) (s32).\n- Gather required documents and signed statements from birth parents, cultural parents, nominated informed persons, and other carer if applicable (ss33–39).\n- Expect possible police criminal history checks for cultural parents where the subject is a child; commissioner will share that report with the cultural parent and allow time to respond (ss45–46).\n- If a required consent is missing, consider a court application for dispensation (ss48–56).\n- If refused, parties can jointly seek an internal review by the Minister (ss60–62), and ultimately may proceed to court in prescribed circumstances (Parts 8–9).\n\n(Primary statutory citations: ss4–6, 8–11, 22, 32–39, 41, 45–46, 56–59, 63–71, 72–79, 81–99, 101–112.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"Binding a person to a law while simultaneously immunising them from prosecution for breaching it creates a toothless obligation. The binding in s.3(1) is effectively neutered by s.3(2) for government entities. While this is a common legislative drafting pattern in Australian law (Crown immunity), the internal logical tension remains: what does it mean to be 'bound' by a law you cannot be prosecuted under?","confidence":0.72,"description":"The Act binds all persons including the State, Commonwealth and other States, but none of them can be prosecuted for offences against it. This renders the binding of government entities largely meaningless in the criminal context — they are bound but immune from the primary enforcement mechanism."},{"type":"other","section":"sec.32(ssec.5)","severity":"high","reasoning":"The subsection as drafted is syntactically incomplete. It lacks a verb phrase. The intended meaning is presumably 'may be made only by the person' but the omission of 'may be made' means the provision does not actually say anything legally operative. A court would need to read in words not present, creating interpretive uncertainty about who can apply for adults.","confidence":0.95,"description":"Section 32(5) appears to be missing the word 'may be made' — it reads 'An application for a cultural recognition order about a person who is an adult at the time the application is made only by the person.' This is grammatically incomplete and creates ambiguity as to whether this is a permission or prohibition."},{"type":"self_contradicting","section":"sec.19(ssec.4)","severity":"medium","reasoning":"Section 18 establishes that the commissioner must step aside precisely because they cannot independently decide the application. Section 19(4) then deems the substitute's decision to be the commissioner's own decision. This creates an absurdity: the law simultaneously acknowledges the commissioner is conflicted and then legally pretends the commissioner made the decision. This could create complications in review proceedings where the 'commissioner's decision' is under scrutiny.","confidence":0.78,"description":"The appointed person's decision is 'taken to be a decision of the commissioner' even though the entire purpose of appointing that person was that the commissioner had a conflict of interest and could not make the decision. The legal fiction that the conflicted commissioner made the decision is internally contradictory."},{"type":"self_contradicting","section":"sec.62","severity":"medium","reasoning":"The legal fiction in s.62 that the reviewed decision is the commissioner's original decision and that no internal review occurred creates a falsified decision history. If a party later sought external review or judicial review, the statutory fiction would obscure the actual decision-making pathway. The commissioner is required to act as though a process that legally occurred did not occur.","confidence":0.75,"description":"The review officer's decision to make a cultural recognition order is 'taken to be a decision of the commissioner', and the commissioner must give effect to it 'as if no application for internal review had been made'. This erases the review process from the legal record, potentially preventing any further review based on the actual history of the matter."},{"type":"impossible_compliance","section":"sec.32(ssec.2)(a) and sec.32(ssec.4)","severity":"high","reasoning":"Section 32(3)(a) says 'nothing prevents the application from being made if a birth parent or cultural parent is deceased', appearing to permit applications despite death of a party. However, s.32(4) then requires that at least one birth parent IS an applicant. If both birth parents are deceased, it is impossible to satisfy s.32(4)(a). The permissive exception in s.32(3) is effectively negated by s.32(4) in cases where all birth parents are deceased.","confidence":0.85,"description":"Section 32(2)(a) requires 'each of the child's birth parents and cultural parents' to make the application, but s.32(4) states that if a birth parent or cultural parent is deceased, at least one birth parent AND at least one cultural parent must still be an applicant. If both birth parents are deceased, the application cannot proceed even though s.32(3)(a) purports to allow it."},{"type":"impossible_compliance","section":"sec.56(a) and sec.32(ssec.4)","severity":"high","reasoning":"The Act permits applications involving deceased birth or cultural parents (s.32(3)-(4)) but then requires the commissioner to be satisfied that each such person gave 'full, free and informed consent' (s.56(a)). While s.56(a) includes the qualifier 'subject to any dispensation order', the dispensation order process in Division 3 applies to living parties who are unwilling or unable to consent — it does not clearly address the impossibility of obtaining consent from deceased persons. The consent requirement creates an impossible condition for deceased party scenarios.","confidence":0.8,"description":"Section 56(a) requires the commissioner to be satisfied that 'each birth parent and cultural parent gave full, free and informed consent', but s.32(4) permits applications where a birth parent or cultural parent is deceased. A deceased person cannot give consent, making the s.56(a) satisfaction requirement impossible where a deceased party's consent was dispensed with rather than obtained."},{"type":"other","section":"sec.21(ssec.1)","severity":"medium","reasoning":"The Act places significant emphasis on cultural competence and Torres Strait Islander identity for the substantive commissioner (s.11(3)). The acting commissioner provision (s.21) only requires that the Minister be 'satisfied the person is appropriately qualified' without the Torres Strait Islander identity requirement. This undermines the cultural integrity purpose of the Act, particularly given the commissioner's role is to assess Ailan Kastom practice. The same issue applies to the appointed person under s.19 and review officer under s.61.","confidence":0.82,"description":"Section 21(1) allows the Minister to appoint an acting commissioner when 'there is a vacancy' or the commissioner is 'absent for any other reason', but does not require the acting commissioner to be a Torres Strait Islander, unlike the requirement for the substantive commissioner under s.11(3)(a). This allows a non-Torres Strait Islander to perform all commissioner functions."},{"type":"self_contradicting","section":"sec.66(ssec.3)","severity":"low","reasoning":"While the policy intent (ensuring no loophole in sexual offence law) is clear and legitimate, the legal mechanism creates a person who simultaneously has two sets of familial relationships. This is a legal fiction that may produce unexpected consequences in edge cases, such as where both sets of relationships are relied upon in the same proceeding, or where they produce conflicting legal outcomes beyond sexual offence law.","confidence":0.6,"description":"Section 66(3) deems a person to simultaneously have BOTH the familial relationship that existed before a cultural recognition order AND the familial relationship resulting from the order, for the purpose of sexual offence laws. This means a person could theoretically be related to another person in two legally recognised but contradictory ways at the same time."},{"type":"self_contradicting","section":"sec.44(ssec.2)(b) and sec.44(ssec.2)(c)","severity":"medium","reasoning":"Natural justice (procedural fairness) requires that a decision-maker disclose to parties the information upon which an adverse decision may be based. Confidentiality obligations restrict such disclosure. These obligations are placed side-by-side in s.44(2) without any hierarchy or reconciliation mechanism. While s.46 provides a partial resolution for criminal history reports, the general tension between these two obligations in s.44 is unresolved for other confidential information the commissioner may receive or consider.","confidence":0.7,"description":"The commissioner is required to simultaneously 'maintain confidentiality' and 'comply with natural justice'. Natural justice typically requires disclosure of adverse information to affected parties, which directly conflicts with maintaining confidentiality, particularly regarding criminal history reports under s.45-46."},{"type":"impossible_compliance","section":"sec.35(ssec.1)(e)","severity":"medium","reasoning":"The requirement is framed as a mandatory statement of fact, not an opinion or assessment. Any birth parent who has knowledge of any potentially detrimental matter — however minor — is logically prevented from making this statement truthfully. This could be used to block legitimate applications on technical grounds, or it creates pressure on birth parents to make false statements to proceed with culturally important applications.","confidence":0.75,"description":"A birth parent is required to state in their signed statement 'that the birth parent is not aware of any matter that might be detrimental to the wellbeing and best interests of the child'. This creates a practical absurdity: a birth parent who IS aware of such a matter either cannot make the statement (blocking the application) or must lie, which may constitute a false statutory declaration."},{"type":"circular_definition","section":"sec.8 and sec.10","severity":"low","reasoning":"The practice is defined by the agreement (s.8), and the cultural parent is defined by their role in the agreement (s.10), and both are validated by reference to 'Ailan Kastom' — a term whose content is not legislatively defined but is instead determined externally by community custom. While this is arguably intentional to preserve cultural self-determination, it means the legal definitions have no fixed legal content independent of unwritten custom, creating interpretive uncertainty.","confidence":0.65,"description":"The definition of 'Ailan Kastom child rearing practice' in s.8 requires that birth parents and cultural parents 'agree in accordance with Ailan Kastom', while the definition of 'cultural parent' in s.10 defines the role by reference to a person who 'agrees to accept' the transfer. Both definitions are partly circular, each depending on the other and on 'Ailan Kastom' which is not itself fully defined in the Act."}],"contradictions":[{"severity":"high","section_a":"sec.32(ssec.2)(a)","section_b":"sec.32(ssec.3) and sec.32(ssec.4)","confidence":0.87,"description":"Section 32(2)(a) requires all birth parents and cultural parents to be applicants. Section 32(3) says death of a parent does not prevent the application. Section 32(4) then reinstates a requirement that at least one birth parent AND at least one cultural parent must still be applicants. These provisions are internally contradictory: s.32(3) appears to relax the all-parties requirement but s.32(4) re-imposes a version of it that cannot be satisfied if all birth parents are deceased."},{"severity":"medium","section_a":"sec.25","section_b":"sec.61(ssec.1) and sec.61(ssec.3)","confidence":0.73,"description":"Section 25 states the commissioner is not subject to direction by any person about the way the commissioner performs functions or exercises powers. However, s.61 allows the Minister to appoint a review officer who can revoke the commissioner's decision and make a cultural recognition order, which under s.62 is then deemed to be the commissioner's decision. The review process effectively overrides the commissioner's independent decision-making, contradicting the non-direction principle."},{"severity":"medium","section_a":"sec.56(ssec.1)(a)","section_b":"sec.47 to sec.54 (Division 3 — Dispensing with consent)","confidence":0.78,"description":"Section 56(a) requires the commissioner to be satisfied that 'each birth parent and cultural parent gave full, free and informed consent' before making a cultural recognition order. Division 3 establishes a mechanism for dispensing with the consent of a party. If consent is dispensed with, it was never given, making it impossible for the commissioner to be satisfied as required by s.56(a). The saving phrase 'subject to any dispensation order' in s.56(a) is present but the logical requirement of the dispensation is that the relevant consent does not exist."},{"severity":"low","section_a":"sec.6(ssec.1)","section_b":"sec.6(ssec.2)(a)(iv)","confidence":0.65,"description":"Section 6(1) states the main principle is that decisions must be for the 'wellbeing and best interests of the person'. Section 6(2)(a)(iv) requires the decision-maker to have regard to 'recognition of the birth parents' assessment of the suitability of the cultural parents'. These can conflict: the birth parents' assessment of cultural parent suitability may not align with what is objectively in the child's best interests, yet both must be given weight without any explicit hierarchy."},{"severity":"medium","section_a":"sec.34(ssec.3)(b)","section_b":"sec.32(ssec.5)","confidence":0.8,"description":"Section 34(3) requires, for adult applications, a signed statement from 'each birth parent' addressing specified matters. Section 32(5) (as best interpreted despite its drafting error) states that adult applications are made 'only by the person'. If the adult alone applies, it is unclear how the Act compels birth parents — who are not applicants — to provide signed statements, and what mechanism exists to enforce this requirement against non-cooperating birth parents."},{"severity":"medium","section_a":"sec.11(ssec.3)(a)","section_b":"sec.19(ssec.2) and sec.21(ssec.2) and sec.61(ssec.2)","confidence":0.85,"description":"Section 11(3)(a) mandates that the commissioner must be a Torres Strait Islander. However, the appointed person (s.19(2)), acting commissioner (s.21(2)), and review officer (s.61(2)) need only be 'appropriately qualified' with no Torres Strait Islander identity requirement. These substitutes exercise identical or superior powers to the commissioner, creating an inconsistency in the cultural identity requirements for those exercising the Act's core functions."},{"severity":"medium","section_a":"sec.42(ssec.1)","section_b":"sec.32(ssec.2)(a)","confidence":0.82,"description":"Section 32(2)(a) requires all birth parents and cultural parents to be applicants (joint application). Section 42(1) allows 'an applicant' (singular) to withdraw the application by giving written notice, and s.42(2) provides the application ends on receipt of that notice. This means one party out of several joint applicants can unilaterally terminate an application that required the agreement of all parties to commence."}]},"kimi_summary":{"_metrics":{"completionTokens":663},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 4: recognising Ailan Kastom child rearing practice and establishing a process for legal recognition. The scope has not expanded beyond this cultural recognition framework."},"complexity_factors":["Multiple overlapping application pathways depending on whether the subject is a child or adult","Extensive documentary requirements including signed statements from birth parents, cultural parents, and 'informed persons'","Cross-references to at least 6 other Queensland Acts (Adoption Act, Child Protection Act, Family Law Act, Births Deaths and Marriages Registration Act, etc.)","Conditional consent requirements with court-based dispensation procedures","Internal review mechanism plus court appeals with separate procedural rules","Complex confidentiality framework distinguishing between 'personal information', 'secret' and 'sacred' information under Ailan Kastom","Property and succession law interactions requiring Public Trustee involvement for unlocatable beneficiaries","Nested definitions and exceptions throughout (e.g., 'relevant party' definition varies by whether the order relates to a child or adult)"],"plain_english_summary":"This Queensland law recognises **Ailan Kastom** — the traditional Torres Strait Islander practice of permanently transferring parental rights from birth parents to cultural parents. It creates a legal pathway to formalise these cultural arrangements.\n\n**What it does:**\n- Establishes a **Cultural Recognition Order** system, where a specially appointed **Commissioner** (who must be a Torres Strait Islander) reviews applications and decides whether to legally recognise traditional child rearing arrangements\n- Allows both **children and adults** to have their traditional parentage transfers legally recognised\n- Sets out detailed **eligibility requirements**: at least one birth parent and one cultural parent must be Torres Strait Islander, and the birth must be registered in Queensland\n\n**Who can apply:**\n- For **children**: all birth parents and cultural parents must apply jointly (with exceptions if someone has died)\n- For **adults**: the person themselves can apply\n\n**Key protections:**\n- All decisions must be in the **\"wellbeing and best interests\"** of the person\n- **Full, free and informed consent** is required from all parties (though courts can dispense with consent in limited circumstances, such as when someone cannot be found)\n- Strict **confidentiality** rules protect personal and culturally sensitive information\n- **Closed court hearings** protect privacy\n\n**Legal effects:**\n- Once an order is made, the cultural parents become the **legal parents** for all purposes (inheritance, family law, etc.)\n- The order operates similarly to an **adoption order** under Queensland law\n- **Discharge orders** can be sought if the original order was obtained by fraud, undue influence, or other improper means\n\n**Why it matters:**\nThis is landmark legislation that bridges traditional Torres Strait Islander law and Australian state law, giving legal weight to cultural practices that have existed for generations. It addresses practical problems — like inheritance rights, Medicare eligibility, and school enrolment — that arose when traditional arrangements lacked formal legal recognition."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its stated purpose throughout: recognising Torres Strait Islander traditional child-rearing practice and establishing a legal process for obtaining cultural recognition orders. Amendments noted in the text (e.g., updating references to the Public Sector Act 2022 and Births, Deaths and Marriages Registration Act 2023) are consequential administrative updates rather than expansions or contractions of the core scope."},"complexity_factors":["Multiple interacting statutes referenced throughout (Adoption Act 2009, Family Law Act 1975 (Cwlth), Child Protection Act 1999, Status of Children Act 1978, Births Deaths and Marriages Registration Act 2023, QCAT legislation, Public Sector Act 2022)","Dual-track application process — different rules apply depending on whether the subject is a child or an adult at the time of application","Complex consent framework with multiple parties (birth parents, cultural parents, other carers, informed persons) each requiring separate signed statements addressing different specified matters","Dispensation mechanism requiring court involvement when consent cannot be obtained, with separate procedural rules for service, hearing in absence, and discharge of dispensation orders","Overlap and interaction with Commonwealth family law jurisdiction creates constitutional complexity (Commonwealth/State division of powers)","Multi-layered review structure: Commissioner decision → internal review by Minister-appointed review officer → implied external review pathways","Conflict of interest regime requiring appointment of a substitute decision-maker with deeming provisions making their decisions equivalent to the Commissioner's","Effects on property law (wills, intestacy) and criminal law (sexual offence provisions preserving both pre- and post-order family relationships) create cross-area legal complexity","Cultural terminology (Ailan Kastom) requires interpretation within a legal framework not designed for Indigenous customary law, creating definitional uncertainty","Staffing and administrative arrangements involving hybrid public service/commissioner office structure adds institutional complexity"],"plain_english_summary":"This Queensland law gives legal effect to Ailan Kastom—Torres Strait Islander customary child‑rearing where birth parents transfer parental rights to cultural parents—by creating a process for Cultural Recognition Orders. It affects Torres Strait families, children (including adults seeking retrospective recognition), birth and cultural parents, and fixes legal gaps around parentage, inheritance, and records. The scheme appoints an Indigenous Commissioner to decide applications and embeds safeguards: the child’s best interests, informed consent, criminal checks, and verification that the practice was genuine."}},"importantCases":[],"_links":{"self":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020","history":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020/history","analysis":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020/analysis","conflicts":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020/conflicts","importantCases":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020/important-cases","documents":"/api/acts/meriba-omasker-kaziw-kazipa-torres-strait-islander-traditional-child-rearing-practice-act-2020/documents"}}