sec.72Exercise of particular powers in relation to Aboriginal or Torres Strait Islander children

sec.72 Exercise of particular powers in relation to Aboriginal or Torres Strait Islander children

This rule applies if a child the subject of a child protection proceeding is an Aboriginal or Torres Strait Islander child. The court must consider how the court is to be informed of, and whether to issue directions to ensure the court is informed of— matters relevant to how the additional principles mentioned in the Child Protection Act , section 5C (1) apply to the child; and matters relevant to how the child placement principles mentioned in the Child Protection Act , section 5C (2) apply to the child; and matters relevant to how the additional provisions for placing Aboriginal and Torres Strait Islander children in care mentioned in the Child Protection Act , section 83 apply to the child. Also, the court must consider whether to issue directions to ensure the court is informed of the views of any of the following entities about Aboriginal tradition or Island custom relating to the child— an independent Aboriginal or Torres Strait Islander entity for the child; a member of the child’s family. See the Child Protection Act , section 6AB for the matters to which the court must have regard when exercising a power under that Act in relation to an Aboriginal or Torres Strait Islander child. A direction issued under subrule (3) may require that a copy of a document filed in the proceeding be given to an entity mentioned in that subrule. r 72 amd 2018 SL No. 165 s 13 (sec.72-ssec.1) This rule applies if a child the subject of a child protection proceeding is an Aboriginal or Torres Strait Islander child. (sec.72-ssec.2) The court must consider how the court is to be informed of, and whether to issue directions to ensure the court is informed of— matters relevant to how the additional principles mentioned in the Child Protection Act , section 5C (1) apply to the child; and matters relevant to how the child placement principles mentioned in the Child Protection Act , section 5C (2) apply to the child; and matters relevant to how the additional provisions for placing Aboriginal and Torres Strait Islander children in care mentioned in the Child Protection Act , section 83 apply to the child. (sec.72-ssec.3) Also, the court must consider whether to issue directions to ensure the court is informed of the views of any of the following entities about Aboriginal tradition or Island custom relating to the child— an independent Aboriginal or Torres Strait Islander entity for the child; a member of the child’s family. See the Child Protection Act , section 6AB for the matters to which the court must have regard when exercising a power under that Act in relation to an Aboriginal or Torres Strait Islander child. (sec.72-ssec.4) A direction issued under subrule (3) may require that a copy of a document filed in the proceeding be given to an entity mentioned in that subrule.

• (a) matters relevant to how the additional principles mentioned in the Child Protection Act , section 5C (1) apply to the child; and