sec.32Preliminary criteria for making application for cultural recognition order

sec.32 Preliminary criteria for making application for cultural recognition order

An application for a cultural recognition order about a person may be made only if— at least 1 birth parent is a Torres Strait Islander; and the person’s birth was registered in Queensland; and at the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander. Also, an application for a cultural recognition order about a person who is a child at the time the application is made may be made only— by each of the child’s birth parents and cultural parents; and if each applicant is an adult; and 30 days, or more, after the child’s birth is registered. For subsection (2) , nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent. However, if a birth parent or cultural parent is deceased, the application can be made only if— at least 1 birth parent is an applicant for the order; and at least 1 cultural parent is an applicant for the order. An application for a cultural recognition order about a person who is an adult at the time the application is made only by the person. For subsection (5) nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent. (sec.32-ssec.1) An application for a cultural recognition order about a person may be made only if— at least 1 birth parent is a Torres Strait Islander; and the person’s birth was registered in Queensland; and at the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander. (sec.32-ssec.2) Also, an application for a cultural recognition order about a person who is a child at the time the application is made may be made only— by each of the child’s birth parents and cultural parents; and if each applicant is an adult; and 30 days, or more, after the child’s birth is registered. (sec.32-ssec.3) For subsection (2) , nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent. (sec.32-ssec.4) However, if a birth parent or cultural parent is deceased, the application can be made only if— at least 1 birth parent is an applicant for the order; and at least 1 cultural parent is an applicant for the order. (sec.32-ssec.5) An application for a cultural recognition order about a person who is an adult at the time the application is made only by the person. (sec.32-ssec.6) For subsection (5) nothing prevents the application from being made if— a birth parent or cultural parent is deceased; or at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.