Legal recognition of Torres Strait Islander traditional child rearing practice

How to apply for a Cultural Recognition Order

Step 1: Check your eligibility

Check that you are eligible to apply for a Cultural Recognition Order.

Step 2: Download an application form (adult or child)

There are two types of applications for a Cultural Recognition Order, a child application and an adult application.

If you decide to go ahead and submit an application you will need to ensure the correct application form is used, either:

Child application form – This form is used when seeking a Cultural Recognition Order relating to a child. A child is a person under the age of 18 years. Consent will be needed from the birth parents and the cultural parents.

Adult application form – This form is used when an adult is seeking a Cultural Recognition Order. An adult is a person aged at least 18 years of age. The adult person seeking the Cultural Recognition Order as well as the birth parents and the cultural parents will need to provide consent.

Step 3: Complete the application form

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
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 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 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.

Step 4: Complete the addendum form

An Addendum form to an application for a Cultural Recognition Order can be filled out and submitted with both child and adult applications for Cultural Recognition Orders.

The information contained in this form will ensure that the Cultural Recognition Order and the new birth certificate about a person who is the subject of a Cultural Recognition Order includes the necessary information to reflect the change in parentage to the cultural parents and other information required in a birth certificate.

The information collected on this form will only be shared by the Commissioner to the Registrar of Births, Deaths and Marriages if a Cultural Recognition Order is made. It is encouraged that this form is completed with the application to allow for the Registrar to make a complete birth entry.

Step 5: Submit your application

Before you submit an application for a Cultural Recognition Order, it is essential that the application form is completed with all necessary documentation provided.

Also, the information you provide must not be false or misleading as this could result in a Cultural Recognition Order being discharged.

Have you:

ensured that each relevant section of the application form has been filled out by the relevant party
ensured that the application form has been signed and witnessed appropriately
provided the correct necessary documentation (such as the hard copy of the certified birth certificate) has been provided.

A child application checklist and an adult application checklist have been created to assist applicants to ensure all requirements are met before submitting an application.

If you wish to speak with someone before submitting your application 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 recommended that before you submit an application for a Cultural Recognition Order all parties seek legal advice given the permanent nature of a Cultural Recognition Order. This advice can be sought from any legal practitioner; however, the following legal service providers have received funding to provide free advice to clients regarding Cultural Recognition Orders:

You can submit your application via post or in person:

Postal address: PO Box 7576, Cairns, Queensland 4870
Street address: Level 3, Citicentral Building, 46-48 Sheridan Street Cairns, Queensland 4870

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Last updated:: 12 May 2022

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