Queensland Consolidated Acts Queensland Consolidated Acts(1) When making a significant decision about an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must give an opportunity to a recognised entity for the child to participate in the decision-making process.
(2) When making a decision, other than a significant decision, about an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must consult with a recognised entity for the child before making the decision.
(3) However, if compliance with subsection (1) or (2) is not practicable because a recognised entity for the child is not available or urgent action is required to protect the child, the chief executive or an authorised officer must consult with a recognised entity for the child as soon as practicable after making the decision.
(4) If the Childrens Court exercises a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to--
(a) the views, about the child and about Aboriginal tradition and Island custom relating to the child, of--
(i) a recognised entity for the child; or
(ii) if it is not practicable to obtain the views of a recognised entity for the child--members of the community to whom the child belongs; and
(b) the general principle that an Aboriginal or Torres Strait Islander child should be cared for within an Aboriginal or Torres Strait Islander community.
Editor's note--
The Acts Interpretation Act 1954, section 36, contains definitions of Aboriginal tradition and Island custom.
(5) As far as is reasonably practicable, the chief executive or an authorised officer must try to conduct consultations, negotiations, family group meetings and other proceedings involving an Aboriginal person or Torres Strait Islander (whether a child or not) in a way and in a place that is appropriate to Aboriginal tradition or Island custom.
(6) In this section--
significant decision, about an Aboriginal or Torres Strait Islander child, means a decision likely to have a significant impact on the child's life.
Examples of decisions relating to an Aboriginal or Torres Strait Islander child that may be significant decisions--
1 a decision made in the course of investigating an allegation of harm to the child
2 a decision about placing the child in care