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MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020


- As at 24 June 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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