Print

Legal recognition of Torres Strait Islander traditional child rearing practice

When a Cultural Recognition Order is made

Notification that a Cultural Recognition Order has been made

The Commissioner will write to all parties to the application on making a Cultural Recognition Order and will provide:

  • a statement of reasons for this decision, and
  • a copy of the Cultural Recognition Order

The Commissioner will provide the Cultural Recognition Order to the Registrar of Births, Deaths and Marriages. The Registrar will register the transfer of parentage as stated by the Cultural Recognition Order and close the previous birth entry of the person.

New birth certificate

When the Commissioner has made a Cultural Recognition Order and provided it to the Registrar of Births, Deaths and Marriages, the Addendum Form will also be provided. The new birth certificate will include the details on the Cultural Recognition Order, and the additional information in the Addendum Form including listing the name of the cultural parents as the parents.

In order for a new birth certificate to be issued to the cultural parent or adult applicant, they will need to submit an application for a birth certificate to the Registry of Births, Deaths and Marriages.

If you have any questions or require assistance applying for the new birth certificate you can call the Registry of Births, Deaths and Marriages on 13 74 68.

Reversing a Cultural Recognition Order

An application to reverse (or discharge) a Cultural Recognition Order can be made by any party to the original Cultural Recognition Order application (including the child or adult subject to the Cultural Recognition Order, birth parents, or cultural parents).

However, an application to reverse (or discharge) a Cultural Recognition Order can only be made:

  • because of false or misleading document or representation; or
  • because a person acted fraudulently or used undue influence on another person; or
  • because a person did not provide full, free and informed consent; or
  • on some other improper basis; or
  • there are exceptional circumstances that warrant the discharge.

If a party is considering applying to discharge a Cultural Recognition Order, then an application must be made to the court.

It is recommended that you seek legal advice about reversing a Cultural Recognition Order. Legal services will also be able to provide you with information on how to apply to reverse a Cultural Recognition Order.

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

Print entire guide

Last updated:
16 May 2022
Share this page: