Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 76

76 Hearing of application in absence of party

(1) A court may hear and decide an application for a discharge order only—

(a) if the person the subject of a cultural recognition order is an adult—if the person or a lawyer representing the person appears in the proceeding; or

(b) if the person the subject of a cultural recognition order is a child—if the child’s birth parents and cultural parents appear in the proceeding.

(2) However, the court may hear and decide the application in the absence of a relevant party if—

(a) the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or

(b) the court dispenses with the requirement to serve a copy of the application on the party under section 74 (5) .

(3) Subsections (1) and (2) do not limit the court’s jurisdiction to exclude a person from a proceeding.