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MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - As at 1 February 2024 - Act 33 of 2020

- As at 1 February 2024 - Act 33 of 2020

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 4 Main purpose of Act
  • 5 How purpose is achieved
  • 6 Main principle

PART 2 - INTERPRETATION

PART 3 - COMMISSIONER AND OFFICE OF COMMISSIONER

Division 1 - Commissioner

Subdivision 1 - Appointment
  • 11 Commissioner
  • 12 Commissioner appointed under this Act
  • 13 Term of appointment
  • 14 Conditions of appointment
  • 15 Preservation of rights of commissioner
  • 16 Leave of absence
  • 17 Resignation
  • 18 Disclosure of conflict of interests
  • 19 Effect of disclosure notice
  • 20 Vacancy in office
  • 21 Acting commissioner
  • Subdivision 2 - Functions and powers
  • 22 Functions
  • 23 Obligation in performing functions
  • 24 Powers
  • 25 Commissioner not subject to direction

Division 2 - Office of the commissioner

  • 26 Office of the commissioner
  • 27 Control of the office
  • 28 Officers
  • 29 Officers not subject to outside direction
  • 30 Staffing arrangements and administrative support
  • 31 Office not a statutory body for particular Acts

PART 4 - APPLICATIONS FOR CULTURAL RECOGNITION ORDERS

Division 1 - Eligibility and criteria

  • 32 Preliminary criteria for making application for cultural recognition order
  • 33 Making an application

Division 2 - Documents and signed statements

PART 5 - CULTURAL RECOGNITION ORDERS

Division 1 - Applications for cultural recognition order

  • 40 Commissioner must deal with applications
  • 41 Commissioner may request additional information
  • 42 Withdrawal of application
  • 43 Duty of parties to application
  • 44 Consideration procedure

Division 2 - Information to assist commissioner

  • 45 Criminal history report
  • 46 Dealing with criminal history report

Division 3 - Dispensing with a person’s consent

  • 47 Application of division
  • 48 Application for dispensation
  • 49 Notice of application
  • 50 Respondent
  • 51 Hearing of application in absence of stated party
  • 52 Court may dispense with need for consent
  • 53 Notice of court order
  • 54 Effect of order

Division 4 - Discharge of dispensation order

  • 55 Discharge of dispensation order if stated party not served with application

Division 5 - Deciding whether to make cultural recognition orders

  • 56 Considerations before making decision
  • 57 Notice of intention before deciding not to make cultural recognition order
  • 58 Deciding about cultural recognition order
  • 59 What cultural recognition order must state

Division 6 - Internal review

  • 60 Application for internal review
  • 61 Internal review
  • 62 Effect of review officer’s decision to make a cultural recognition order

PART 6 - REGISTRATION OF CULTURAL RECOGNITION ORDERS

  • 63 Commissioner must notify registrar
  • 64 Entitlement to certificate, information relating to particular entries

PART 7 - EFFECT OF CULTURAL RECOGNITION ORDERS

  • 65 Application of part
  • 66 Effect on relationships
  • 67 Effect on disposal of property
  • 68 Public trustee to make inquiries if bequest to unlocatable person
  • 69 Public trustee is trustee if bequest to unlocatable person
  • 70 Public trustee’s fees for involvement
  • 71 Transfer or distribution of property by trustee

PART 8 - DISCHARGE OF CULTURAL RECOGNITION ORDER

  • 72 Definition for part
  • 73 Grounds for discharge
  • 74 Application for discharge order
  • 75 Respondent
  • 76 Hearing of application in absence of party
  • 77 Court may make a discharge order
  • 78 Effect of discharge order
  • 79 Applicant must give copy of order

PART 9 - COURT PROCEEDINGS

Division 1 - Preliminary

  • 80 Application of part 9

Division 2 - Constitution of court and procedural provisions

  • 81 Court’s constitution
  • 82 Court rules
  • 83 Court fees
  • 84 Court’s paramount consideration
  • 85 Evidence
  • 86 Court to ensure parties understand proceeding
  • 87 Expert help
  • 88 Right of appearance and representation
  • 89 Child can not be compelled to give evidence
  • 90 Court may hear submissions from non-parties to proceeding
  • 91 Costs

Division 3 - Appeals

  • 92 Who may appeal
  • 93 How to start appeal
  • 94 Stay of decision
  • 95 Hearing procedures
  • 96 Powers of appellate court

Division 4 - General

  • 97 Court hearings not public
  • 98 Access to court records

Division 5 - Offences and legal proceedings

  • 99 False or misleading information
  • 100 Offences against this Act

PART 10 - CONFIDENTIALITY AND ACCESS TO INFORMATION

  • 101 Definitions for part
  • 102 Confidentiality of information
  • 103 Access to particular information
  • 104 Publishing identifying material

PART 11 - CIVIL LIABILITY

  • 105 Administrator not civilly liable

PART 12 - MISCELLANEOUS

  • 106 Relationship with Adoption Act 2009 and other laws
  • 107 Decisions and persons with impaired capacity
  • 108 Commissioner may make guidelines
  • 109 Approved forms
  • 110 Annual report on office
  • 111 Review of Act and operations of office
  • 112 Regulation-making power

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