Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.52Court may dispense with need for consent
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sec.52 Court may dispense with need for consent
The court may make an order (a dispensation order ) dispensing with the need for the consent of a stated party as part of the application for a cultural recognition order if— the court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or QCAT has made a declaration that the party does not have capacity to give the consent; or a court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or the court is satisfied there are other special circumstances for giving the dispensation. However, if the person the subject of the application for a cultural recognition order is a child and the stated party is or is believed to be the person’s birth parent, the court must not give the dispensation— within 30 days after notice is given to the party under section 49 ; or if the court has reason to believe there is— a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child. (sec.52-ssec.1) The court may make an order (a dispensation order ) dispensing with the need for the consent of a stated party as part of the application for a cultural recognition order if— the court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or QCAT has made a declaration that the party does not have capacity to give the consent; or a court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or the court is satisfied there are other special circumstances for giving the dispensation. (sec.52-ssec.2) However, if the person the subject of the application for a cultural recognition order is a child and the stated party is or is believed to be the person’s birth parent, the court must not give the dispensation— within 30 days after notice is given to the party under section 49 ; or if the court has reason to believe there is— a current application under the Status of Children Act 1978 , section 10 , by the party or another person, for a declaration of parentage for the child; or a current application under the Family Law Act 1975 (Cwlth) by the party for a parenting order for the child.
- (a) the court is satisfied of a matter stated in section 49 (4) (a) to (d) ; or
- (b) QCAT has made a declaration that the party does not have capacity to give the consent; or
- (c) a court or tribunal of another jurisdiction has made an order or other direction, however called, that the party does not have capacity to give the consent; or
- (d) the court is satisfied there are other special circumstances for giving the dispensation.