Legal recognition of Torres Strait Islander traditional child rearing practice
Requesting access to information relating to a Cultural Recognition Order or application
Information relating to an application for a Cultural Recognition Order or the Order made by the Commissioner is restricted.
Adults who were a subject of a Cultural Recognition Order (either as a child or adult), cultural parents, birth parents and guardians are able to request information relating to the Cultural Recognition Order or application as set out by the Act.
Applicants to a Cultural Recognition Order application (adult applicants, cultural parents and birth parents)
Under section 103 of the Act, if you are an applicant to a Cultural Recognition Order application you may apply for access to restricted information relating to that application. If you are an adult who was a subject of a Cultural Recognition Order as a child, you are not able to apply for information under this section of the Act.
Restricted information about the application includes:
- the application for the Cultural Recognition Order
- information or a document that accompanied the application for the Cultural Recognition Order
- information or a document that was given to the Commissioner when considering the application
- a statement of reasons provided by the Commissioner regarding their decision.
To receive a copy of restricted information, you may apply in writing to the Commissioner using the application for information form. You will need to submit certified copies of 2 proof of identity documents as part of your application. The Commissioner will then consider your request and notify you of their decision in writing.
Subjects of a Cultural Recognition Order (either as a child or adult), other applicants or guardians
Under section 64 of the Act, a request for information relating to a Cultural Recognition Order which has been made by the Commissioner may be made by the following people:
- an adult who was the subject of the Cultural Recognition Order (either as a child or adult)
- applicants to the Cultural Recognition Order application
- a guardian of either the adult who was a subject of a Cultural Recognition Order or applicants to a Cultural Recognition Order.
Information available from Births, Deaths and Marriages includes:
- a certificate
- information
- source document
- a copy of a Cultural Recognition Order.
In order to make a request to the Registrar Births, Deaths and Marriages, you must first obtain authorisation from the Commissioner.
You can request authorisation from the Commissioner in writing using the request for Commissioner authorisation form. In your request, you must outline the type of information you are seeking from Births, Deaths and Marriages and provide certified copies of 2 proof of identity documents.
The Commissioner will provide a written response to your request. If authorisation is granted, the written response will include the authorisation letter which you must provide with any application to the Registrar of Births, Deaths and Marriages.
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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