Legal recognition of Torres Strait Islander traditional child rearing practice
After you apply for a Cultural Recognition Order
Acknowledgement
Once an application has been submitted each person involved in that application (adult applicant, cultural parents, birth parents, other carer) will receive an acknowledgement confirming that the application has been received by the Office of the Commissioner. This acknowledgement will be sent by letter or email depending on your stated preference.
The application will be stored in a client management system (database) managed by the Office of the Commissioner. The Commissioner will consider each application to decide whether to make a Cultural Recognition Order.
Your receipt of acknowledgment will contain a Unique Identification Number (UIN) and you may use the UIN to check on your application’s progression with the Office of the Commissioner.
Commissioner (Meriba Omasker Kaziw Kazipa) conflict of interest
There may be circumstances where the Commissioner considers a conflict of interest exist in relation to an application for a Cultural Recognition Order. This may include (but not limited to) having a family or financial relationship with persons involved in an application. Where a conflict of interest exists, an alternative decision maker will be assigned, by the Minister, to consider the application.
If a party to an application has concerns that the Commissioner may have a conflict of interest, such as a familial, financial or some other relationship, there is a designated section on the application forms to detail this information so that the Commissioner is made aware and acts accordingly.
Reviewing the application
The Commissioner will consider the wellbeing and best interests of the subject person (the child or adult) to an application to determine whether to make or not make a Cultural Recognition Order. Each party to an application for a Cultural Recognition Order must participate in the Commissioner’s consideration of the application in good faith.
The Commissioner will consider applications for Cultural Recognition Orders in accordance with any guidelines and will make a decision in a reasonable time.
Key considerations for the Commissioner will be to ensure all parties have provided full, free and informed consent when making the application and appropriateness of any relevant documentation provided.
Request for additional information
The Commissioner may seek further information or documentation from an applicant to assist in deciding whether to make a Cultural Recognition Order. Requests for further information will be provided to applicants by notice in writing via the preferred communication method (post or email).
The notice will outline the information or documents requested by the Commissioner. This may include ID documents, court orders, birth certificate (if there are issues with the birth certificate provided by the applicants—such as not being properly certified or not being a hard copy of the certified document).
The applicant has 30 business days to provide the requested information however, if more time is needed applicants may request an extension or the Commissioner may extend the period on their own initiative.
Request of a criminal history report
If the Commissioner requests a Criminal History Report on a cultural parent, the parent will be informed about the request by letter and provided a copy of the report.
A cultural parent has 30 business days after receiving the letter to provide the Commissioner with information or documents about any information contained in the report.
A cultural parent may request to extend the 30 business days. Download a request for an extension template.
Withdrawing consent
Consent to an application can be withdrawn as long as it is before the Cultural Recognition Order has been made. Any party to an application may withdraw their consent, this includes birth parents, cultural parents and adult applicants.
If a party decides to withdraw their consent, they must provide notice of their withdrawal in writing to the Commissioner. Download an example template for the notice of withdrawal.
The application for the Cultural Recognition Order will end once the Commissioner receives the notice of withdrawal and parties to the application will be informed that the application has ended.
In this guide:
- Legal outcomes of a Cultural Recognition Order
- Before you apply for a Cultural Recognition Order
- How to apply for a Cultural Recognition Order
- After you apply for a Cultural Recognition Order
- When a Cultural Recognition Order is made
- When a Cultural Recognition Order is not made
- Requesting access to information relating to a Cultural Recognition Order or application
- Previous ( https://www.qld.gov.au/firstnations/family-social-support/torres-strait-islander-traditional-child-rearing-practice/apply-cultural-recognition-order )
- Next ( https://www.qld.gov.au/firstnations/family-social-support/torres-strait-islander-traditional-child-rearing-practice/cultural-recognition-order-made )