Queensland Consolidated Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 64

64 Entitlement to certificate, information relating to particular entries

(1) This section applies to each of the following persons—

(a) a person who was an applicant for a cultural recognition order that was made by the commissioner;

(b) an adult who was the subject of a cultural recognition order;

(c) if a person mentioned in paragraph (a) or (b) has a guardian—the person’s guardian.

(2) On request by a person mentioned in subsection (1) , the commissioner must give the person an authorisation to obtain a certificate, information, source document or a copy of the cultural recognition order under this section.

(3) However, the authorisation may exclude information if the commissioner is satisfied that allowing access to the certificate, information, source document or the copy of the cultural recognition order would be an unreasonable invasion of a person’s privacy or otherwise unreasonably harm a person’s interests.

Example—

The authorisation may exclude a part of a document showing a person’s birth was the result of a sexual offence.

(4) The person may make an application, accompanied by an authorisation from the commissioner—

(a) under the Births, Deaths and Marriages Registration Act 2023 , section 110 for information or a copy of a source document to which the authorisation relates; or

(b) under the Births, Deaths and Marriages Registration Act 2023 , section 112 for a certificate to which the authorisation relates.

(5) The registrar must grant the application if it relates to an entry about the cultural recognition order in the register of births and the cultural recognition register.

(6) Information given by the registrar under this section and relating to a closed entry may be given in the form the registrar considers appropriate.

(7) In this section—

"closed entry" means an entry that has been closed under the Births, Deaths and Marriages Registration Act 2023 , section 19 , 21 , 36 or 43 .

"cultural recognition register" means the register, maintained under the Births, Deaths and Marriages Registration Act 2023 , section 104 , for cultural recognition orders made under this Act.

"source document" see the Births, Deaths and Marriages Registration Act 2023 , schedule 1 .