Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.74Application for discharge order
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sec.74 Application for discharge order
An application for a discharge order must be made to a court. The application must state the ground on which it is made. As soon as practicable after filing the application in the court, the applicant must serve a copy of it on— each person— other than the applicant, who was a relevant party for the cultural recognition order; and who was required to consent to the application for the cultural recognition order; and the commissioner. A served copy of the application for a discharge order must state where and when the application is to be heard. The court may dispense with the requirement to serve a copy of the application on a person if the court is satisfied— the applicant can not locate the person after making all reasonable enquiries; or the person is deceased. (sec.74-ssec.1) An application for a discharge order must be made to a court. (sec.74-ssec.2) The application must state the ground on which it is made. (sec.74-ssec.3) As soon as practicable after filing the application in the court, the applicant must serve a copy of it on— each person— other than the applicant, who was a relevant party for the cultural recognition order; and who was required to consent to the application for the cultural recognition order; and the commissioner. (sec.74-ssec.4) A served copy of the application for a discharge order must state where and when the application is to be heard. (sec.74-ssec.5) The court may dispense with the requirement to serve a copy of the application on a person if the court is satisfied— the applicant can not locate the person after making all reasonable enquiries; or the person is deceased.
- (a) each person— (i) other than the applicant, who was a relevant party for the cultural recognition order; and (ii) who was required to consent to the application for the cultural recognition order; and
- (i) other than the applicant, who was a relevant party for the cultural recognition order; and
- (ii) who was required to consent to the application for the cultural recognition order; and
- (b) the commissioner.
- (i) other than the applicant, who was a relevant party for the cultural recognition order; and
- (ii) who was required to consent to the application for the cultural recognition order; and
- (a) the applicant can not locate the person after making all reasonable enquiries; or
- (b) the person is deceased.