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MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 35

Birth parent’s statement

35 Birth parent’s statement

(1) A birth parent’s signed statement must address the following matters—
(a) the nature and details of the Ailan Kastom child rearing practice that occurred;
(b) that the parental rights and obligations for the child were transferred under Ailan Kastom from the birth parent to the cultural parents in accordance with Ailan Kastom child rearing practice;
(c) the reasons the birth parent considers a cultural recognition order will be in the best interests of the child;
(d) whether, to the birth parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;
(e) that the birth parent is not aware of any matter that might be detrimental to the wellbeing and best interests of the child;
(f) the name and address of a person both birth parents nominate as the informed person for the application;
(g) that the birth parent consents to the making of inquiries of, and the exchange of information with, the informed person for the purpose of helping the commissioner decide whether to make a cultural recognition order;
(h) that the birth parent gives their informed consent to the application being made.
(2) Without limiting subsection (1) (c) , the birth parent’s statement may include the following matters—
(a) the nature of any relationship the birth parent has with the child;
(b) if the birth parent provides any financial support for the child—details of that support;
(c) if the birth parent is involved in any decisions in relation to the child—details of that involvement.
Example—
details of the birth parent’s ability to decide or influence a decision about the child’s education or medical treatment



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