Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 318

318 Meaning of appropriate Aboriginal or Torres Strait Islander person

(1) An Aboriginal or Torres Strait Islander person is an
"appropriate Aboriginal or Torres Strait Islander person" , in relation to a particular Aboriginal or Torres Strait Islander child, if the chief executive considers the person to have appropriate knowledge about—

(a) the child’s community or language group; and

(b) Aboriginal tradition or Island custom relating to the child.

Note—

Sections 7 (2) , 25 (3) , 46 (3) , 118 , 163 and 169 (2) contain obligations involving an appropriate Aboriginal or Torres Strait Islander person.

(2) In making a decision for subsection (1) , the chief executive must consult with—

(a) an elder or other respected person of the child’s community; or

(b) an independent Aboriginal or Torres Strait Islander entity for the child; or

(c) an entity that has a function of providing services to Aboriginal or Torres Strait Islander persons; or

(d) a member of an entity mentioned in paragraph (b) or (c) .

(3) Subsection (2) applies to the chief executive only to the extent the chief executive is able to carry out the consultation while respecting the privacy of the child’s parents and complying with obligations under this Act about confidentiality.