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COMMITTEE'S REPORT

The committee tabled its report on 28 August 2020.

View:      Report No. 40, 56th Parliament – Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020
View:      Government Response
View:      Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020
View:      Explanatory Notes
View:      Statement of compatibility with human rights

About the Bill

On 16 July 2020, Ms Cynthia Lui, Member for Cook, introduced the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020 (the Bill).  The House referred the Bill to the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee for detailed consideration.  The committee tabled its report on Friday 28 August 2020.  The government tabled its response on 8 September 2020.

According to the explanatory notes, the policy objective of the Bill are to recognise Ailan Kastom child rearing practice, establish a process for applications to be made for the recognition of the practice, and provide for a decision making process that will establish the legal effect of the practice.

The key features of the Bill are:

• a statutorily appointed and independent Commissioner, who is appropriately qualified and a Torres Strait Islander person, and who will decide an application for a cultural recognition order;
• a cultural recognition order has the effect of a permanent transfer of parentage from the birth parents to the cultural parents;
• any decision under the Bill, including deciding to make a cultural recognition order, must be for the wellbeing and best interests of a person who is the subject of an application for a cultural recognition order and must be made for the wellbeing, and in the best interests, of the child;
• consent for legal recognition must be provided by the biological parents and cultural parents (where reasonably and appropriately available);
• suitability of the cultural parents means that the cultural practice as occurred has been verified by persons with knowledge and understanding of the cultural practice specific to the family’s community);
• information will be exempt from release through the Right to Information Act 2009 to preserve confidentiality; and
• the Commissioner will have discretion to seek criminal history information about the cultural parents.

Timeline

Related information

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