Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 36

36 Cultural parent’s statement

(1) A cultural 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 parents to the cultural parents in accordance with Ailan Kastom child rearing practice;

(c) the reasons the cultural parent considers a cultural recognition order will be in the best interests of the child;

(d) the period the child has lived with the cultural parent;

(e) the name and address of a person both the cultural parents nominate as the informed person for the application;

(f) that the cultural 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;

(g) whether, to the cultural parent’s knowledge, the child is aware that the Ailan Kastom child rearing practice occurred;

(h) that the cultural parent consents to the commissioner—

(i) requesting a copy of the cultural parent’s criminal history; and

(ii) relying on information contained in the cultural parent’s criminal history to decide whether to make a cultural recognition order;

(i) that the cultural parent is not aware of any matter that might be detrimental to the well being and best interests of the child;

(j) that the cultural parent gives their informed consent to the application being made.

(2) Without limiting subsection (1) (c) , the cultural parent’s statement may include the following matters—

(a) the nature of any relationship the birth parent has with the child;

(b) the nature of the relationship the cultural parent has with the child;

Example—

how the child refers to the cultural parent and other family members

(c) details of the child’s current living arrangements;

Example—

the number and ages of other children living with the cultural parent

(d) details of the financial support provided by the cultural parent for the child;

(e) details of how any decision is made in relation to the child.

Example—

who makes decisions about the child’s education or medical treatment