QLDIn ForceAct
Child Protection Act 1999
sec.11AWho is an independent Aboriginal or Torres Strait Islander entity
Start here
Get a plain-English read of sec.11A
Turn the raw legal text into a practical explanation grounded in Child Protection Act 1999.
### sec.11A Who is an independent Aboriginal or Torres Strait Islander entity
An entity is an independent Aboriginal or Torres Strait Islander entity , for an Aboriginal or Torres Strait Islander child, if—
the entity is—
an individual who is an Aboriginal or Torres Strait Islander person; or
another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and
the chief executive is satisfied the entity—
provides services to Aboriginal or Torres Strait Islander persons; or
is a representative of the child’s community or language group; or
satisfies the requirements mentioned in subsection (2) ; and
is a suitable person to be an independent Aboriginal or Torres Strait Islander entity for the child.
an Aboriginal or Torres Strait Islander elder
an entity funded by a State or the Commonwealth to provide cultural services, including cultural advice and support, to Aboriginal or Torres Strait Islander persons
For subsection (1) (b) (iii) , the requirements are that the entity is an individual who—
is a person of significance to the child or child’s family; and
is a suitable person for associating on a daily basis with the child; and
is a person with appropriate authority to speak about Aboriginal or Torres Strait Islander culture in relation to the child or the child’s family; and
is not an officer or employee of the department.
s 11A (prev s 6) amd 2003 No. 57 s 39 (1) sch 3 ; 2004 No. 36 s 12
sub 2005 No. 40 s 5
amd 2010 No. 33 s 8 ; 2016 No. 23 s 51
sub 2017 No. 44 s 8
reloc and renum 2022 No. 7 s 132 sch 1
(sec.11A-ssec.1) An entity is an independent Aboriginal or Torres Strait Islander entity , for an Aboriginal or Torres Strait Islander child, if— the entity is— an individual who is an Aboriginal or Torres Strait Islander person; or another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and the chief executive is satisfied the entity— provides services to Aboriginal or Torres Strait Islander persons; or is a representative of the child’s community or language group; or satisfies the requirements mentioned in subsection (2) ; and is a suitable person to be an independent Aboriginal or Torres Strait Islander entity for the child. an Aboriginal or Torres Strait Islander elder an entity funded by a State or the Commonwealth to provide cultural services, including cultural advice and support, to Aboriginal or Torres Strait Islander persons
(sec.11A-ssec.2) For subsection (1) (b) (iii) , the requirements are that the entity is an individual who— is a person of significance to the child or child’s family; and is a suitable person for associating on a daily basis with the child; and is a person with appropriate authority to speak about Aboriginal or Torres Strait Islander culture in relation to the child or the child’s family; and is not an officer or employee of the department.
- (a) the entity is— (i) an individual who is an Aboriginal or Torres Strait Islander person; or (ii) another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and
- (i) an individual who is an Aboriginal or Torres Strait Islander person; or
- (ii) another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and
- (b) the chief executive is satisfied the entity— (i) provides services to Aboriginal or Torres Strait Islander persons; or (ii) is a representative of the child’s community or language group; or (iii) satisfies the requirements mentioned in subsection (2) ; and
- (i) provides services to Aboriginal or Torres Strait Islander persons; or
- (ii) is a representative of the child’s community or language group; or
- (iii) satisfies the requirements mentioned in subsection (2) ; and
- (c) is a suitable person to be an independent Aboriginal or Torres Strait Islander entity for the child.
- (i) an individual who is an Aboriginal or Torres Strait Islander person; or
- (ii) another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and
- (i) provides services to Aboriginal or Torres Strait Islander persons; or
- (ii) is a representative of the child’s community or language group; or
- (iii) satisfies the requirements mentioned in subsection (2) ; and
- • an Aboriginal or Torres Strait Islander elder
- • an entity funded by a State or the Commonwealth to provide cultural services, including cultural advice and support, to Aboriginal or Torres Strait Islander persons
- (a) is a person of significance to the child or child’s family; and
- (b) is a suitable person for associating on a daily basis with the child; and
- (c) is a person with appropriate authority to speak about Aboriginal or Torres Strait Islander culture in relation to the child or the child’s family; and
- (d) is not an officer or employee of the department.