Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.76Hearing of application in absence of party
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sec.76 Hearing of application in absence of party
A court may hear and decide an application for a discharge order only— if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding. However, the court may hear and decide the application in the absence of a relevant party if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) . Subsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding. (sec.76-ssec.1) A court may hear and decide an application for a discharge order only— if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding. (sec.76-ssec.2) However, the court may hear and decide the application in the absence of a relevant party if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) . (sec.76-ssec.3) Subsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding.
- (a) if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or
- (b) if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding.
- (a) the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or
- (b) the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) .