Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 32

32 Preliminary criteria for making application for cultural recognition order

(1) An application for a cultural recognition order about a person may be made only if—

(a) at least 1 birth parent is a Torres Strait Islander; and

(b) the person’s birth was registered in Queensland; and

(c) at the time the person’s parentage is transferred in accordance with Ailan Kastom child rearing practice, at least 1 cultural parent is a Torres Strait Islander.

(2) Also, an application for a cultural recognition order about a person who is a child at the time the application is made may be made only—

(a) by each of the child’s birth parents and cultural parents; and

(b) if each applicant is an adult; and

(c) 30 days, or more, after the child’s birth is registered.

(3) For subsection (2) , nothing prevents the application from being made if—

(a) a birth parent or cultural parent is deceased; or

(b) at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.

(4) However, if a birth parent or cultural parent is deceased, the application can be made only if—

(a) at least 1 birth parent is an applicant for the order; and

(b) at least 1 cultural parent is an applicant for the order.

(5) An application for a cultural recognition order about a person who is an adult at the time the application is made only by the person.

(6) For subsection (5) nothing prevents the application from being made if—

(a) a birth parent or cultural parent is deceased; or

(b) at the time the person’s parentage was transferred in accordance with Ailan Kastom child rearing practice—there was only 1 cultural parent.