FAQs

Frequently Asked Questions

There are various legal outcomes if a Cultural Recognition Order is made including:

  • the person’s parentage being transferred from the birth parents to the cultural parents
  • the person becoming a child of the cultural parents
  • the cultural parents becoming the parents of the person
  • the person stops being a child of the birth parents
  • a birth parent stops being a parent of the person.
What is the preliminary eligibility criteria?
  • One or both of the birth parents and one or both of the cultural parents are of Torres Strait Islander descent
  • the child’s birth was registered in Queensland
  • the cultural practice has occurred.

Click here for more information on eligibility.

If I contact your office, is it confidential?

If you make an enquiry or submit an application your information is kept private and confidential. Section 102 of the Act states an administrator must not, directly or indirectly, disclose confidential information unless the disclosure is permitted under subsection (2) or (3).

The Act states that an administrator is permitted to disclose confidential information other than information that the administrator knows is of a secret or sacred nature, to another person—

  • under this Act; or
  • if the disclosure is otherwise required or permitted by law; or
  • if the person to whom the information relates consents to the disclosure; or
  • if the disclosure is in a form that does not identify the person to whom the information relates.

This means the Commissioner might provide you with information about you and that the Commissioner can provide details on a Cultural Recognition Order to persons specified under the Act – specifically the Registrar, Births, Deaths and Marriages.

What if I can't get all parents to sign?

When you apply for a Cultural Recognition Order, all parties must agree, including both birth parents and cultural parents.

If you are unable to get all the parents to sign the application, you can still apply for a cultural recognition order. However, the path just looks different as you may need to apply to the court for a dispensation order.

In these circumstances our Cultural Support Officers will refer you to legal support.

When might I need a dispensation order?

You might need a dispensation order if:

  • a birth parent is unknown or can’t be found or safely contacted
  • a birth parent or cultural parent has passed away
  • everyone doesn’t agree.

The Commissioner’s Office can waive the need for consent in some situations.

After you contact a Cultural Support Officer at the Office of the Commissioner, you will be encouraged to get independent legal advice before applying for an order.

Our Cultural Support Officers can recommend legal support services and support you through the process.