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 2020Table of Provisions
- Long Title Preamble
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
- 7 Definitions
- 8 Meaning of Ailan Kastom child rearing practice
- 9 Meaning of birth parent
- 10 Meaning of cultural parent
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
- 34 Application to include particular documents and information
- 35 Birth parent’s statement
- 36 Cultural parent’s statement
- 37 Signed statement of adult who was subject to Ailan Kastom child rearing practice
- 38 Informed person’s signed statement
- 39 Other carer’s statement
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
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
Division 5 - Offences and legal proceedings
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