Queensland Consolidated Acts

ADOPTION ACT 2009 - SECT 7

7 Additional principles concerning Aboriginal and Torres Strait Islander persons

(1) This Act is also to be administered under the following principles—

(a) because adoption (as provided for in this Act) is not part of Aboriginal tradition or Island custom, adoption of an Aboriginal or Torres Strait Islander child should be considered as a way of meeting the child’s need for long-term stable care only if there is no better available option;

Note—

The Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 provides for the legal recognition of Torres Strait Islander traditional child rearing practice where parental responsibility for a child is permanently transferred from the child’s birth parents to the child’s cultural parents.

(b) it is in the best interests of an Aboriginal or Torres Strait Islander child—

(i) to be cared for within an Aboriginal or Torres Strait Islander community; and

(ii) to maintain contact with the child’s community or language group; and

(iii) to develop and maintain a connection with the child’s Aboriginal tradition or Island custom; and

(iv) for the child’s sense of Aboriginal or Torres Strait Islander identity to be preserved and enhanced.

(2) If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to the views, about the child and about Aboriginal tradition or Island custom relating to the child, of an appropriate Aboriginal or Torres Strait Islander person.

(3) As far as is reasonably practicable, the chief executive and other officers of the department must try to conduct consultations, counselling, negotiations and other proceedings involving an Aboriginal person or Torres Strait Islander in a way and in a place that is appropriate to Aboriginal tradition or Island custom.