sec.83Additional provisions for placing Aboriginal and Torres Strait Islander children in care

### sec.83 Additional provisions for placing Aboriginal and Torres Strait Islander children in care This section applies if the child is an Aboriginal or a Torres Strait Islander child. The chief executive must, in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the process for making a decision about where or with whom the child will live. However, the chief executive is not required to arrange for the involvement of an independent Aboriginal or Torres Strait Islander entity for the child under subsection (2) if— it is not practicable because an entity is not available or urgent action is required to protect the child; or the chief executive is satisfied that an entity’s involvement— is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or is not otherwise in the child’s best interests; or section 5H applies in relation to the entity’s involvement. In making a decision about the person in whose care the child should be placed, the chief executive must, if practicable, place the child with a member of the child’s family group. However, if it is not practicable to place the child with a member of the child’s family group, in making a decision about the person in whose care the child should be placed, the chief executive must place the child with— a member of the child’s community or language group; or if it is not practicable to place the child in the care of a person mentioned in paragraph (a) , an Aboriginal or Torres Strait Islander person who is compatible with the child’s community or language group; or if it is not practicable to place the child in the care of a person mentioned in paragraph (a) or (b) , another Aboriginal or Torres Strait Islander person; or if it is not practicable to place the child in the care of a person mentioned in paragraphs (a) to (c) , a person who— lives near the child’s family, community or language group; and has a demonstrated capacity for ensuring the child’s continuity of connection to kin, country and culture. Also, the chief executive must give proper consideration to— the views of the child and the child’s family; and ensuring the decision provides for the optimal retention of the child’s relationships with parents, siblings and other people of significance to the child under Aboriginal tradition or Island custom. Before placing the child in the care of a family member or other person who is not an Aboriginal person or Torres Strait Islander, the chief executive must give proper consideration to whether the person is committed to— facilitating contact between the child and the child’s parents and other family members, subject to any limitations on the contact under section 87 ; and helping the child to maintain contact with the child’s community or language group; and helping the child to maintain a connection with the child’s Aboriginal or Torres Strait Islander culture; and preserving and enhancing the child’s sense of Aboriginal or Torres Strait Islander identity. s 83 amd 2005 No. 40 s 21 ; 2017 No. 44 s 46 ; 2022 No. 7 s 31 (sec.83-ssec.1) This section applies if the child is an Aboriginal or a Torres Strait Islander child. (sec.83-ssec.2) The chief executive must, in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the process for making a decision about where or with whom the child will live. (sec.83-ssec.3) However, the chief executive is not required to arrange for the involvement of an independent Aboriginal or Torres Strait Islander entity for the child under subsection (2) if— it is not practicable because an entity is not available or urgent action is required to protect the child; or the chief executive is satisfied that an entity’s involvement— is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or is not otherwise in the child’s best interests; or section 5H applies in relation to the entity’s involvement. (sec.83-ssec.4) In making a decision about the person in whose care the child should be placed, the chief executive must, if practicable, place the child with a member of the child’s family group. (sec.83-ssec.5) However, if it is not practicable to place the child with a member of the child’s family group, in making a decision about the person in whose care the child should be placed, the chief executive must place the child with— a member of the child’s community or language group; or if it is not practicable to place the child in the care of a person mentioned in paragraph (a) , an Aboriginal or Torres Strait Islander person who is compatible with the child’s community or language group; or if it is not practicable to place the child in the care of a person mentioned in paragraph (a) or (b) , another Aboriginal or Torres Strait Islander person; or if it is not practicable to place the child in the care of a person mentioned in paragraphs (a) to (c) , a person who— lives near the child’s family, community or language group; and has a demonstrated capacity for ensuring the child’s continuity of connection to kin, country and culture. (sec.83-ssec.6) Also, the chief executive must give proper consideration to— the views of the child and the child’s family; and ensuring the decision provides for the optimal retention of the child’s relationships with parents, siblings and other people of significance to the child under Aboriginal tradition or Island custom. (sec.83-ssec.7) Before placing the child in the care of a family member or other person who is not an Aboriginal person or Torres Strait Islander, the chief executive must give proper consideration to whether the person is committed to— facilitating contact between the child and the child’s parents and other family members, subject to any limitations on the contact under section 87 ; and helping the child to maintain contact with the child’s community or language group; and helping the child to maintain a connection with the child’s Aboriginal or Torres Strait Islander culture; and preserving and enhancing the child’s sense of Aboriginal or Torres Strait Islander identity. - (a) it is not practicable because an entity is not available or urgent action is required to protect the child; or - (b) the chief executive is satisfied that an entity’s involvement— (i) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or (i) is not otherwise in the child’s best interests; or - (i) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or - (i) is not otherwise in the child’s best interests; or - (c) section 5H applies in relation to the entity’s involvement. - (i) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or - (i) is not otherwise in the child’s best interests; or - (a) a member of the child’s community or language group; or - (b) if it is not practicable to place the child in the care of a person mentioned in paragraph (a) , an Aboriginal or Torres Strait Islander person who is compatible with the child’s community or language group; or - (c) if it is not practicable to place the child in the care of a person mentioned in paragraph (a) or (b) , another Aboriginal or Torres Strait Islander person; or - (d) if it is not practicable to place the child in the care of a person mentioned in paragraphs (a) to (c) , a person who— (i) lives near the child’s family, community or language group; and (ii) has a demonstrated capacity for ensuring the child’s continuity of connection to kin, country and culture. - (i) lives near the child’s family, community or language group; and - (ii) has a demonstrated capacity for ensuring the child’s continuity of connection to kin, country and culture. - (i) lives near the child’s family, community or language group; and - (ii) has a demonstrated capacity for ensuring the child’s continuity of connection to kin, country and culture. - (a) the views of the child and the child’s family; and - (b) ensuring the decision provides for the optimal retention of the child’s relationships with parents, siblings and other people of significance to the child under Aboriginal tradition or Island custom. - (a) facilitating contact between the child and the child’s parents and other family members, subject to any limitations on the contact under section 87 ; and - (b) helping the child to maintain contact with the child’s community or language group; and - (c) helping the child to maintain a connection with the child’s Aboriginal or Torres Strait Islander culture; and - (d) preserving and enhancing the child’s sense of Aboriginal or Torres Strait Islander identity.