New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 4

4 Meaning of “Aboriginal” and “Torres Strait Islander”

(1) In this Act:
"Aboriginal" has the same meaning as Aboriginal person has in the Aboriginal Land Rights Act 1983 .
"Aboriginal child" means a child descended from an Aboriginal and includes a child who is the subject of a determination under subsection (2).
"Torres Strait Islander" means a person who:

(a) is descended from a Torres Strait Islander, and

(b) identifies as a Torres Strait Islander, and

(c) is accepted as a Torres Strait Islander by a Torres Strait Islander community.

"Torres Strait Islander child" means a child descended from a Torres Strait Islander and includes a child who is the subject of a determination under subsection (3).

(2) Despite the definition of "Aboriginal" in subsection (1), the Court may determine that a child is an Aboriginal for the purposes of this Act if the Court is satisfied that the child is of Aboriginal descent.

(3) Despite the definition of "Torres Strait Islander" in subsection (1), the Court may determine that a child is a Torres Strait Islander for the purposes of this Act if the Court is satisfied that the child is of Torres Strait Islander descent.