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MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020
- As at 1 February 2024
- Act 33 of 2020
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Act binds all persons
4. Main purpose of Act
5. How purpose is achieved
6. Main principle
PART 2 - INTERPRETATION
7. Definitions
8. Meaning of Ailan Kastom child rearing practice
9. Meaning of birth parent
10. Meaning of cultural parent
PART 3 - COMMISSIONER AND OFFICE OF COMMISSIONER
Division 1 - Commissioner
Subdivision 1 - Appointment
11. Commissioner
12. Commissioner appointed under this Act
13. Term of appointment
14. Conditions of appointment
15. Preservation of rights of commissioner
16. Leave of absence
17. Resignation
18. Disclosure of conflict of interests
19. Effect of disclosure notice
20. Vacancy in office
21. Acting commissioner
Subdivision 2 - Functions and powers
22. Functions
23. Obligation in performing functions
24. Powers
25. Commissioner not subject to direction
Division 2 - Office of the commissioner
26. Office of the commissioner
27. Control of the office
28. Officers
29. Officers not subject to outside direction
30. Staffing arrangements and administrative support
31. Office not a statutory body for particular Acts
PART 4 - APPLICATIONS FOR CULTURAL RECOGNITION ORDERS
Division 1 - Eligibility and criteria
32. Preliminary criteria for making application for cultural recognition order
33. Making an application
Division 2 - Documents and signed statements
34. Application to include particular documents and information
35. Birth parent’s statement
36. Cultural parent’s statement
37. Signed statement of adult who was subject to Ailan Kastom child rearing practice
38. Informed person’s signed statement
39. Other carer’s statement
PART 5 - CULTURAL RECOGNITION ORDERS
Division 1 - Applications for cultural recognition order
40. Commissioner must deal with applications
41. Commissioner may request additional information
42. Withdrawal of application
43. Duty of parties to application
44. Consideration procedure
Division 2 - Information to assist commissioner
45. Criminal history report
46. Dealing with criminal history report
Division 3 - Dispensing with a person’s consent
47. Application of division
48. Application for dispensation
49. Notice of application
50. Respondent
51. Hearing of application in absence of stated party
52. Court may dispense with need for consent
53. Notice of court order
54. Effect of order
Division 4 - Discharge of dispensation order
55. Discharge of dispensation order if stated party not served with application
Division 5 - Deciding whether to make cultural recognition orders
56. Considerations before making decision
57. Notice of intention before deciding not to make cultural recognition order
58. Deciding about cultural recognition order
59. What cultural recognition order must state
Division 6 - Internal review
60. Application for internal review
61. Internal review
62. Effect of review officer’s decision to make a cultural recognition order
PART 6 - REGISTRATION OF CULTURAL RECOGNITION ORDERS
63. Commissioner must notify registrar
64. Entitlement to certificate, information relating to particular entries
PART 7 - EFFECT OF CULTURAL RECOGNITION ORDERS
65. Application of part
66. Effect on relationships
67. Effect on disposal of property
68. Public trustee to make inquiries if bequest to unlocatable person
69. Public trustee is trustee if bequest to unlocatable person
70. Public trustee’s fees for involvement
71. Transfer or distribution of property by trustee
PART 8 - DISCHARGE OF CULTURAL RECOGNITION ORDER
72. Definition for part
73. Grounds for discharge
74. Application for discharge order
75. Respondent
76. Hearing of application in absence of party
77. Court may make a discharge order
78. Effect of discharge order
79. Applicant must give copy of order
PART 9 - COURT PROCEEDINGS
Division 1 - Preliminary
80. Application of part 9
Division 2 - Constitution of court and procedural provisions
81. Court’s constitution
82. Court rules
83. Court fees
84. Court’s paramount consideration
85. Evidence
86. Court to ensure parties understand proceeding
87. Expert help
88. Right of appearance and representation
89. Child can not be compelled to give evidence
90. Court may hear submissions from non-parties to proceeding
91. Costs
Division 3 - Appeals
92. Who may appeal
93. How to start appeal
94. Stay of decision
95. Hearing procedures
96. Powers of appellate court
Division 4 - General
97. Court hearings not public
98. Access to court records
Division 5 - Offences and legal proceedings
99. False or misleading information
100. Offences against this Act
PART 10 - CONFIDENTIALITY AND ACCESS TO INFORMATION
101. Definitions for part
102. Confidentiality of information
103. Access to particular information
104. Publishing identifying material
PART 11 - CIVIL LIABILITY
105. Administrator not civilly liable
PART 12 - MISCELLANEOUS
106. Relationship with Adoption Act 2009 and other laws
107. Decisions and persons with impaired capacity
108. Commissioner may make guidelines
109. Approved forms
110. Annual report on office
111. Review of Act and operations of office
112. Regulation-making power
SCHEDULE 1
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