Eligibility

To apply for a Cultural Recognition Order for the legal recognition of Ailan Kastom (Torres Strait Islander) child rearing practice:

  • the person’s birth needs to be registered in Queensland
  • at least one birth parent and one cultural parent must be a Torres Strait Islander person
  • the birth and cultural parents must be adults at the time of the application
  • at least one birth and one cultural parent must be living at the time the application is made.

There are various reasons for why you might not be eligible to make an application for a Cultural Recognition Order in addition to not meeting the above requirements such as:

  • if a child’s birth has been registered for less than 30 days, or
  • if both the birth parents and cultural parents are deceased.

If you need further information on the eligibility requirements, please contact the Meriba Omasker Kaziw Kazipa Program Support Office on 1800 571 102 or office@ocmokk.qld.gov.au.

Consent to the application

Applying for legal recognition of Ailan Kastom child rearing practice is a consent-based process that requires all parties’ fully informed consent.

In order for the Commissioner (Meriba Omasker Kaziw Kazipa) (the Commissioner) to consider an application for a Cultural Recognition Order, both birth parents and both cultural parents (and any applicable other carers) must provide full, free and informed consent when making the application.

In the case that a birth parent or cultural parent is deceased, an application can still be made as long as consent is provided by the living parents.

What if someone doesn’t consent?

If consent is not provided by all living parents, the Commissioner will not be able to consider the application for legal recognition, unless a dispensation of consent order is made by the Court.

Dispensation of consent
It is recognised that there may be circumstances where applicants may be unable to obtain consent.

An application for dispensing with the need for the consent of a parent can be made to the Court. Following consideration of this application, the Court may make a dispensation order which removes the need for that parent’s or another carer’s consent as part of the application for legal recognition.

There are certain criteria which must be met before you apply for a dispensation order.

It is recommended that you seek legal advice about dispensation of consent. Legal services will also be able to provide you with information on how to apply for a dispensation order. You can also contact the Meriba Omasker Kaziw Kazipa Program Support Office on 1800 571 102 or office@ocmokk.qld.gov.au for further information.

It is important to note that family disputes or other family law matters are outside the scope to the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020. 

The Family Court deals with family law matters and may be of assistance:

  • Call: 1300 352 000
  • Visit: Family Court of Australia