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 and child)
We recommend completing this form with a computer.
- Download and save the form to your computer before starting to fill it out for the most reliable experience.
- Make sure your device has Adobe Acrobat or Acrobat Reader/Acrobat DC installed. This can be downloaded free-of-charge from the Adobe website. You may be unable to complete this form without this software.
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(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.
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.
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.
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
Free Legal Service Providers
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:
- Legal Aid Queensland (LAQ)
- Aboriginal and Torres Strait Islander Legal Services (ATSILS)
- Queensland Indigenous Family Violence Legal Services (QIFVLS)
Family Wellbeing Services
Together with our partners, we are committed to providing services to improve the wellbeing of Torres Strait Islander families and their children. There are various counselling and support services available if additional support is sought.
Family Wellbeing Services make it easier for Torres Strait Islander families in communities across Queensland to access culturally responsive support to improve their social, emotional, physical and spiritual wellbeing.
Family Wellbeing Services are Aboriginal and Torres Strait Islander community-controlled organisations leading the design and delivery of these services to ensure support and responses are culturally safe and responsive, reflect community and family strengths, local needs and aspirations, leadership and cultural knowledge.
Aboriginal and Torres Strait Islander Family Wellbeing Services are operational in these locations in Queensland.
Location | Provider | Phone |
|---|---|---|
Bayside | Yulu-Burri-Ba | 07 3900 7870 |
Beaudesert, Jimboomba and Gold Coast Hinterland | Mununjali Jymbi Centre – Family Wellbeing Service | 07 5541 2575 |
Brisbane South East (Beenleigh, Logan, Browns Plains) | Aboriginal and Torres Strait Islander Community Health Services (ATSICHS) Family Wellbeing Service | 07 3239 5333 |
Brisbane | Kummara Family Wellbeing Service | 07 3846 5654 |
Brisbane North | Kurbingui (Yeaca Dhargo) Family Wellbeing Service | 07 3156 4800 |
Brisbane North | Aboriginal and Torres Strait Islander Community Health Services (ATSICHS) Family Wellbeing Service | 07 3240 8924 |
Bundaberg, North Burnett, Fraser Coast, Maryborough | Central Queensland Indigenous Development Family Wellbeing Service | Bundaberg |
Cairns | Wuchopperen Health Service Ltd | 07 4255 6400 |
Cassowary Coast | Mamu Health Service Limited | 07 4061 9988 |
Cape York East Cape Cluster | Gungarde Aboriginal Corporation | 07 4069 5412 |
Darling Downs (West) Maranoa | Goolburri South West Qld Indigenous Family Wellbeing Service | 07 4637 9953 |
Gladstone, Biloela | Nhulundu Health Service, Gladstone Family Wellbeing Service | 07 4979 0992 |
Gold Coast | Kalwun – South East Region Family Support Service | Burleigh |
Gympie | REFOCUS Aboriginal and Torres Strait Islander Corporation | 07 5417 4483 |
Ipswich | Kummara Family Wellbeing Service | 07 3846 5654 |
Kingaroy | Cherbourg Regional Aboriginal and Islander Community Controlled Health Services Ltd (CRAICCHS) | 07 4169 8600 |
Kowanyama | Cape York and Gulf Remote Area Aboriginal and Torres Strait Islander Child Care Association (RAATSIC) | 1300 663 411 |
Lockhart River | Cape York and Gulf Remote Area Aboriginal and Torres Strait Islander Child Care Association (RAATSIC) | 1300 663 411 |
Lockyer Valley and Somerset | Kambu Aboriginal and Torres Strait Islander Corporation for Health | 07 5465 3353 |
Mackay, Bowen | Girudala Community Co-Operative Society Ltd | 07 4786 1000 |
Moreton Bay | Moreton Aboriginal and Torres Strait Islander Community Health Service | 1800 316 636 |
Mount Isa | Gidgee Healing | 07 4749 6541 |
North West Cape Cluster | Cape York and Gulf Remote Area Aboriginal and Torres Strait Islander Child Care Association | 1300 663 411 |
Northern Peninsula Area Cluster | NPA Family and Community Services Aboriginal and Torres Strait Islander Corporation | 07 4069 3555 |
Palm Island | Palm Island Family Wellbeing Centre | 07 4791 4050 |
Pormpuraaw | Pormpur Paanthu Aboriginal Corporation | 07 4060 4295 |
Rockhampton | Central Queensland Indigenous Development (CQID) Family Wellbeing Service | 07 4920 0000 |
South, South West, Brisbane North | Murri School Family Wellbeing Service Brisbane | 07 3255 6133 |
Sunshine Coast | Refocus Aboriginal and Torres Strait Islander Corporation | 07 5442 3992 |
Tablelands | Mulungu Aboriginal Torres Strait Islander Family Wellbeing Service | 07 4086 9200 |
Toowoomba, Darling Downs (East) | Goolburri South West Qld Indigenous Family Wellbeing Service | 07 4637 9953 |
Torres Strait Islands | Mura Kosker Sorority Inc. | 07 4069 1663 |
Townsville | TAIHS Townsville Family Wellbeing Service | 07 4431 1458 |
Yarrabah | Gurriny Yealamucka Health Service Aboriginal Corporation | 07 4226 410 |
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
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