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Adoption of Children Act 1994
Sch 1Matters of ethnicity and religion
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Schedule 1 Matters of ethnicity and religion
section 8(2)
With regard to the matters of ethnicity and religion in determining
the welfare and interests of a child, the Minister and the Court shall
take into account the following principles:
(1) it is preferable that the child should be placed with a family
that has the same ethnic and cultural origins as the child's
birth parents in order to facilitate an environment that will
promote the child's cultural heritage and identity;
(2) where the child is an Aboriginal child, recognition is to be
given to:
(i) the absence of adoption in customary Aboriginal child
care arrangements, arrangements for the custody and
guardianship of the child being made within the child's
extended family or with other Aboriginal people who
have the correct relationship under customary Aboriginal
law; and
(ii) the desire and effort of the Aboriginal community to
preserve the integrity of its culture and kinship
relationships so that efforts must be made to find
placements within families, kin groups or ethnic
communities as appropriate;
(3) there should be appropriate consultation with the child's
parents or other relatives, or representatives of appropriate
associations, organisations or groups, in order to ascertain
what is the best course of action to promote the ethnic welfare
and development of the child;
(4) where it is the express wish of the birth parents of a child that
the child be placed with a family that has particular religious
convictions, preference is to be given to the placement of the
child with such a family.
Schedule 2 Repealed Acts
Adoption of Children Act 1994 48