Legal recognition of Torres Strait Islander traditional child rearing practice

About the legal recognition of Torres Strait Islander traditional child rearing practice

Torres Strait Islander people can apply for legal recognition of Ailan Kastom (Torres Strait Islander) child rearing practice under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020.

The application for legal recognition seeks a Cultural Recognition Order to enable a permanent transfer of parentage from the biological (birth) parents to the cultural parents and for the child’s or adult’s legal identity to reflect their cultural identity and lived experience.

In the case of a child, a Cultural Recognition Order allows cultural parents to make legal decisions about their child such as education and health.

It also means the child or adult will have the same legal rights as any other children, including inheritance rights.

Applying for a Cultural Recognition Order is voluntary, consent-based and choosing not to apply will not affect what has happened at a cultural level.

This guide has information about what you need before applying for a Cultural Recognition Order, how to apply, and what happens after you apply.

Legal recognition of Torres Strait Islander traditional child rearing practice

In this guide:

1. Legal outcomes of a Cultural Recognition Order
2. Before you apply for a Cultural Recognition Order
3. How to apply for a Cultural Recognition Order
4. After you apply for a Cultural Recognition Order
5. When a Cultural Recognition Order is made
6. When a Cultural Recognition Order is not made
7. Requesting access to information relating to a Cultural Recognition Order or application

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