Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.56Considerations before making decision
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sec.56 Considerations before making decision
Before deciding to make a cultural recognition order the commissioner must be satisfied— that, subject to any dispensation order, each birth parent and cultural parent gave full, free and informed consent to the making of the application for the order; and if the application contains a signed statement from an other carer—the other carer gave full, free and informed consent to the making of the application; and if the person the subject of the application for the order is a child—that the making of the order is for the wellbeing and in the best interests of the child; and that the transfer of parentage occurred in accordance with Ailan Kastom child rearing practice; and that each applicant was entitled to apply under section 32 ; and that the requirements mentioned in section 34 are satisfied; and that each applicant has provided the required information or statement.
- (a) that, subject to any dispensation order, each birth parent and cultural parent gave full, free and informed consent to the making of the application for the order; and
- (b) if the application contains a signed statement from an other carer—the other carer gave full, free and informed consent to the making of the application; and
- (c) if the person the subject of the application for the order is a child—that the making of the order is for the wellbeing and in the best interests of the child; and
- (d) that the transfer of parentage occurred in accordance with Ailan Kastom child rearing practice; and
- (e) that each applicant was entitled to apply under section 32 ; and
- (f) that the requirements mentioned in section 34 are satisfied; and
- (g) that each applicant has provided the required information or statement.