QLDIn ForceAct
Child Protection Act 1999
sec.59AAdditional matters about making permanent care orders for Aboriginal or Torres Strait Islander children
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### sec.59A Additional matters about making permanent care orders for Aboriginal or Torres Strait Islander children
This section applies to an application for a permanent care order for an Aboriginal or Torres Strait Islander child.
In deciding whether to make the order, the Childrens Court must have proper regard to—
Aboriginal tradition and Island custom relating to the child; and
The Acts Interpretation Act 1954 , schedule 1 , contains definitions of Aboriginal tradition and Island custom .
the Aboriginal and Torres Strait Islander child placement principle in relation to the child.
The court may make the order only if it is satisfied—
the case plan for the child includes appropriate details about how the child’s connection with his or her culture, and community or language group, will be developed or maintained; and
the decision to apply for the order has been made in consultation with the child, if the court considers consultation is appropriate.
To inform itself about the matters mentioned in subsection (2) (a) , the court may have regard to the views about those matters of—
an independent Aboriginal or Torres Strait Islander entity for the child; or
the child; or
a member of the child’s family.
s 59A ins 2017 No. 44 s 32
amd 2022 No. 7 s 27
(sec.59A-ssec.1) This section applies to an application for a permanent care order for an Aboriginal or Torres Strait Islander child.
(sec.59A-ssec.2) In deciding whether to make the order, the Childrens Court must have proper regard to— Aboriginal tradition and Island custom relating to the child; and The Acts Interpretation Act 1954 , schedule 1 , contains definitions of Aboriginal tradition and Island custom . the Aboriginal and Torres Strait Islander child placement principle in relation to the child.
(sec.59A-ssec.3) The court may make the order only if it is satisfied— the case plan for the child includes appropriate details about how the child’s connection with his or her culture, and community or language group, will be developed or maintained; and the decision to apply for the order has been made in consultation with the child, if the court considers consultation is appropriate.
(sec.59A-ssec.4) To inform itself about the matters mentioned in subsection (2) (a) , the court may have regard to the views about those matters of— an independent Aboriginal or Torres Strait Islander entity for the child; or the child; or a member of the child’s family.
- (a) Aboriginal tradition and Island custom relating to the child; and Note— The Acts Interpretation Act 1954 , schedule 1 , contains definitions of Aboriginal tradition and Island custom .
- (b) the Aboriginal and Torres Strait Islander child placement principle in relation to the child.
- (a) the case plan for the child includes appropriate details about how the child’s connection with his or her culture, and community or language group, will be developed or maintained; and
- (b) the decision to apply for the order has been made in consultation with the child, if the court considers consultation is appropriate.
- (a) an independent Aboriginal or Torres Strait Islander entity for the child; or
- (b) the child; or
- (c) a member of the child’s family.