Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 6

6 Main principle

(1) The main principle for administering this Act is that any decision made under this Act in relation to a person who is the subject of an application for a cultural recognition order must be for the wellbeing and best interests of the person.

(2) Without limiting subsection (1) —

(a) in deciding what is for the wellbeing and best interests of a child who is the subject of an application for a cultural recognition order, the decision-maker must have regard to the following matters—

(i) the need to ensure appropriate recognition and preservation of Ailan Kastom in general and Ailan Kastom child rearing practice in particular;

(ii) the need to perform the powers and functions under this Act having regard to the sensitivity and cultural practices associated with Ailan Kastom child rearing practice;

(iii) the legal and cultural benefits for the child if the cultural recognition order is made recognising Ailan Kastom child rearing practice;

(iv) recognition of the birth parents’ assessment of the suitability of the cultural parents;

(v) decisions must be made in a fair, timely and consistent manner;

(vi) any other matter that is directly related to the child’s wellbeing and best interests; and

(b) in deciding what is for the wellbeing and best interests of an adult who is the subject of an application for a cultural recognition order, the decision-maker must have regard to—

(i) the matters mentioned in paragraph (a) (i) , (ii) , and (v); and

(ii) the legal and cultural benefits for the adult if the cultural recognition order is made recognising Ailan Kastom child rearing practice.