Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A decision or order as to where or with whom an Aboriginal child will reside may not be made under this Act except where a recognised Aboriginal organisation has first been consulted.
(2) In making any decision or order under this Act in relation to an Aboriginal child, a person or the Court must, in addition to complying with the principles set out in section 8 –
(a) have regard to any submissions made by or on behalf of a recognised Aboriginal organisation consulted in relation to the child; and
(b) if a recognised Aboriginal organisation has not made any submissions, have regard to Aboriginal traditions and cultural values (including kinship rules) as generally held by the Aboriginal community; and
(c) have regard to the general principle that an Aboriginal child should remain within the Aboriginal community.