The decades-long journey towards the legal recognition of Torres Strait Islander traditional child rearing practice resulted in th Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 which came into force on 1 July 2021.
Years of advocating by the Kupai Omasker Working Party, various community consultations, a 2017 Queensland election commitment and the work of the Eminent Persons and many others have led to a process for legal recognition to be established.
The Act recognises Ailan Kastom child rearing practice in which a child’s birth and cultural parents agree in accordance with Ailan Kastom that the parental rights and responsibilities for the child are permanently transferred from the birth parents to the cultural parents.
Ailan Kastom child rearing practice is an integral part of Torres Strait Islander community and family life. It is connected to wider aspects of customary law and gives a sense of stability and social order of Torres Strait Islander societies.
A Cultural Recognition Order is a legal document that transfers a child’s parentage from their birth parents to their cultural parents; legally recognising a child’s cultural parents in Queensland law.
Learn about our inaugural Commissioner, Proud Meriam and Yidinjdji man C’Zarke Maza and how he helps Zenadth Kes families.