*AustLII* *RSJ Library* Reconciliation and Social Justice Library

[RSJ Home] [Global AustLII Search] [RSJ Database Search]
[Table of Contents] [Previous] [Next] [Download]
THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 763. Delegation of Child Welfare Functions.
A further development of the community government scheme is contained in the Community Welfare Act 1983 (NT). Sections 70 and 71 of the Act envisage delegation to a community government council of certain child welfare functions. Section 70 provides for a preference principle so that Aboriginal children in need of care are placed with Aboriginal persons. [231] Section 71 gives a specific role to a community government council:

A community government council constituted under the Local Government Act or an association incorporated under the Associations Incorporation Act may, subject to agreement with the Minister, undertake functions under this Act in relation to the welfare of children and the provision of facilities and trained staff to provide counselling and assistance to, or in relation to the welfare of, children.

No agreement has yet been made with a community government council under s 71. The section has been criticised because the Community Government Council is given a role involving child welfare decisions which it would not have under customary laws. The 1983 Act, and its operation in practice, are discussed in Chapter 16 of this Report. [232]


[RSJ Home] [Global AustLII Search] [RSJ Database Search]
[Table of Contents] [Previous] [Next] [Download]