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MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"administrator" means—

(a) a person who is, or was, the commissioner; or
(b) a person who is, or was, involved in the administration of this Act, including, for example—
(i) an officer of the office; or
(ii) a review officer; or
(iii) a person appointed under section 19 (1) ; or
(iv) an officer or employee of the department whose services are made available to the commissioner under section 30 (2) .

"Ailan Kastom" means Island custom.

"Ailan Kastom child rearing practice" see section 8 .

"appellate court" means the Court of Appeal.

"application for internal review" see section 60 (1) .

"birth parent" see section 9 .

"Childrens Court judge" see the Childrens Court Act 1992 , section 3 .

"commissioner" means the person appointed as commissioner (Meriba Omasker Kaziw Kazipa) under section 11 .

"confidential information" , for part 10 , see section 101 .

"court" means the Childrens Court constituted by a Childrens Court judge.

"criminal history" , for a person, means—
(a) the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; and
(b) despite section 6 of that Act, includes, a conviction of the person to which the section applies.

"cultural parent" see section 10 .

"cultural recognition order" is an order made by the commissioner under section 58 .

"discharge order" see section 73 (1) .

"disclosure notice" see section 18 (1) .

"dispensation order" see section 52 (1) .

"guardian" , of a person in relation to a particular matter, means the person’s guardian appointed under the Guardianship and Administration Act 2000 , or a corresponding law of another State, for the matter.

"guidelines" means the guidelines made under section 108 .

"informed consent" , of a person, means—
(a) the person has capacity to consent; and
(b) the consent is given freely and voluntarily.

"informed person" , for an application for a cultural recognition order, means a person who—
(a) has knowledge and understanding of the specific Ailan Kastom child rearing practice that occurred in relation to the application; and
(b) can, for the purpose of the application, verify that the practice occurred in accordance with Ailan Kastom.

"internal review" means a review conducted under section 61 .

"notice of intention" see section 57 (1) .

"office" means the Office of the Commissioner (Meriba Omasker Kaziw Kazipa) established under section 26 (1) .

"other carer" , of a child, means a person, other than the child’s birth parent or cultural parent, who has the right and responsibility to make decisions about the child’s daily care, under—
(a) an Act, other than—
(i) this Act; or
(ii) the Child Protection Act 1999 , if the person is certified as an approved foster carer or an approved kinship carer under that Act; or
(b) a law of the Commonwealth or another State; or
(c) a court order; or
(d) a testamentary instrument.

"personal information" , for part 10 , see section 101 .

"police commissioner" means the commissioner of the police service.

"registrar" means the registrar-general established under the Births, Deaths and Marriages Registration Act 2003 .

"relevant party" for part 8 , see section 72 .

"reviewed decision" see section 61 (3) .

"review officer" see section 61 (1) .

"sacred" , for part 10 , see section 101 .

"secret" , for part 10 , see section 101 .

"stated party" see section 48 .

© State of Queensland 2020



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