Consent

As part of the application process, all parties to the application must consent to the application for it to be submitted. Consent must be informed and freely given by each party. Informed consent is considered to be given when a person (adult applicant, birth parent, cultural parent) fills out the relevant section of the application form and signs the declaration.

Applicants and parties to an application

Parties to an application relating to a child include both birth parents and both cultural parents. Where an order such as final adoption orders exist, other carers are also considered a party to the application. Parties to an application relating to an adult include the adult applicant, both birth parents and both cultural parents. A signed statement is where a section of the application form is filled out by the relevant party and then signed by that party. This signature needs to be witnessed by an authorised person. For an application relating to a child, the statements made by the birth and cultural parents include:

• details of the Ailan Kastom child rearing practice
• confirmation the parental rights and obligations for the child were transferred to the cultural parents in line with Ailan Kastom child rearing practice
• why a Cultural Recognition Order will be in the child’s best interests
• whether the child is aware of their Ailan Kastom child rearing
• confirmation that both the birth and cultural parents are not aware of any issues that could be harmful to the child’s wellbeing and best interests
• name and address of the informed person(s)
• if there are other carers, the name and address of other carer(s)
• consent to the Commissioner to make inquiries and exchange information with other agencies, including access to criminal histories
• consent to the application being made
• any other relevant information.

For an application relating to an adult, the statements made by the birth and cultural parents include:

• how you were told about being raised in line with Ailan Kastom child rearing practice
• what you were told about your Ailan Kastom child rearing practice
• the nature of your relationship with your birth parents (for example, my birth parents have aunty and uncle roles in my life, I call my cultural parents mum and dad)
• consent to the Commissioner to contact your birth parents, cultural parents and informed persons, and other carer(s) to make inquiries and talk with them about your application
• informed consent to the application (informed consent means you give your permission, and you understand the risks and benefits of getting legal recognition of your Ailan Kastom child rearing practice).

Ailan Kastom child rearing practice

The cultural parents, birth parents and the informed person, and the other carer(s) are required to provide information about the nature of the Ailan Kastom child rearing practice that occurred. This is information about the specific Ailan Kastom child rearing practice that occurred in relation to the application and to confirm that the transfer of parentage occurred.

Best interests and wellbeing

Both the cultural and birth parents for a Cultural Recognition Order relating to a child are required to provide in the application reasons why they consider that a Cultural Recognition Order will be in the best interests of the child. They are also required to make a declaration to confirm that they are not aware of any details that may be detrimental to the child’s best interests and wellbeing.

Criminal history report

The Commissioner may request a Criminal History Report from Queensland Police Services on a Cultural Parent as part of their consideration of an application for a Cultural Recognition Order relating to a child. The Application for a Cultural Recognition Order relating to a child requires the Cultural Parents to acknowledge that the Commissioner may request this report. Cultural parents provide their consent to the report by signing the application. This acknowledgement and consent to a criminal history check is made within the statement and declaration section of the Application. It is important to note that having a Criminal History Report does not mean a Cultural Recognition Order will not be made.

Witnesses

As part of the application form, every person who fills out a section needs to sign the form to declare the information is true. These signatures must be witnessed by an authorised witness such as:

• a barrister, solicitor or notary public; or
• a commissioner for declarations; or
• a justice of the peace; or
• a person who has known the person signing the statement for at least 1 year and who has no other involvement in the application for the Cultural Recognition Order.

Proof of identity

Certified copies of at least 2 documents are required as proof of identity for cultural parents, birth parents, informed persons and other carer (if applicable). Proof of identity documents may include any two of the following:

• Birth Certificate
• Citizenship Certificate
• Australian passport that is current or has been expired for less than 2 years
• Current overseas passport
• Current driver licence containing the person’s photograph
• Current photo identification card issued under the Photo Identification Card Act 2008 (including a current adult proof of age card that continues in force under that Act as a photo identification card) or a corresponding card under the law of another jurisdiction
• Current document evidencing the person’s residency or visa status Current Medicare card, pensioner concession card, health care card or another identification card issued by the Australian government as evidence of the person’s entitlement to a benefit
• Current working with children card issued under the Working with Children (Risk Management and Screening) Act 2000
• Current credit card, debit card or other account card from a financial institution that includes an embossed name and signature
• Passbook or statement of account from a financial institution that is not more than 1 year old
• Telephone, gas or electricity account that is not more than 1 year old
• Rates notice from a local government that is not more than 1 year old
• Current student identity card containing the person’s photograph or signature issued by a school or another educational institution
• Queensland Government employee identity card containing the person’s photograph
• Australian State police officer, Australian Federal Police member or Australian Defence Force identity card containing the person’s photograph
• Current licence issued under the Security Providers Act 1993 to carry out the functions of a crowd controller, private investigator or security officer
• Current licence issued under the Weapons Act 1990.

(See Schedule 1: Documents for types of documents you may use.)

Certified birth certificate

As part of the application, a hard copy of the certified birth certificate must be provided with the application. A photocopy of a birth certificate can be certified by:

• a barrister, solicitor or notary public; or
• a commissioner for declarations; or
• a justice of the peace.