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Legal recognition of Torres Strait Islander traditional child rearing practice

When a Cultural Recognition Order is not made

Notification that a Cultural Recognition Order has not been made

The Commissioner will write to all parties to the application if a Cultural Recognition Order is not made and will provide a statement of reasons for this decision.

Applying to review the Commissioner (Meriba Omasker Kaziw Kazipa) decision

There is an option for applicants to apply to have the Commissioner’s decision internally reviewed.

An Application for an internal review must be made to the Minister for Aboriginal and Torres Strait Islander Partnerships and must be made on the correct form. The application for an internal review must be made within 20 business days after the Commissioner has provided the statement of reasons for not making a Cultural Recognition Order. Although, you can apply for an extension if needed.

Once you submit an application for internal review, the Minister will appoint a review officer within 20 business days of receiving an application. Following this, the application will be reviewed with fresh eyes as if the first decision never occurred. The review officer will either confirm the Commissioner’s decision or revoke the Commissioner’s decision and make a Cultural Recognition Order.

If applicants are unhappy about the Review Officer’s decision, then they may be able to apply to the Supreme Court of Queensland for a statutory order of review under the Judicial Review Act 1992.

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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Last updated:
6 September 2021
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