sec.6Main principle

sec.6 Main principle

The main principle for administering this Act is that any decision made under this Act in relation to a person who is the subject of an application for a cultural recognition order must be for the wellbeing and best interests of the person. Without limiting subsection (1) — in deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters— the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular; the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice; the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice; recognition of the birth parents’ assessment of the suitability of the cultural parents; decisions must be made in a fair, timely and consistent manner; any other matter that is directly related to the child’s wellbeing and best interests; and in deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to— the matters mentioned in paragraph (a) (i) , (ii) , and (v); and the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice. (sec.6-ssec.1) The main principle for administering this Act is that any decision made under this Act in relation to a person who is the subject of an application for a cultural recognition order must be for the wellbeing and best interests of the person. (sec.6-ssec.2) Without limiting subsection (1) — in deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters— the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular; the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice; the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice; recognition of the birth parents’ assessment of the suitability of the cultural parents; decisions must be made in a fair, timely and consistent manner; any other matter that is directly related to the child’s wellbeing and best interests; and in deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to— the matters mentioned in paragraph (a) (i) , (ii) , and (v); and the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.