This regulation may be cited as the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Regulation 2021.
This regulation commences on 1 September 2021.
3Prescribed documents or information—Act, s 33
(1)This section prescribes documents for section 33(1)(b)(vi) of the Act.(2)For an application that includes a signed statement by a birth parent under section 35 of the Act, the documents are certified copies of at least 2 documents mentioned in schedule 1 that are proof of the birth parent’s identity.(3)For an application that includes a signed statement by a cultural parent under section 36 of the Act, the documents are certified copies of at least 2 documents mentioned in schedule 1 that are proof of the cultural parent’s identity.(4)For an application that includes a signed statement by an informed person under section 38 of the Act, the documents are certified copies of at least 2 documents mentioned in schedule 1 that are proof of the informed person’s identity.(5)For an application that includes a signed statement by an other carer under section 39 of the Act, the documents are certified copies of at least 2 documents mentioned in schedule 1 that are proof of the other carer’s identity.
(1)Subsection (2) applies if an application is made for a cultural recognition order about a person who is a child at the time the application is made.(2)A statement from an other carer under section 39 of the Act included in the application must be signed in the presence of an authorised witness.(3)Subsection (4) applies if an application is made for a cultural recognition order about a person who is an adult at the time the application is made.(4)A statement from an adult who was subject to Ailan Kastom child rearing practice under section 37 of the Act included in the application must be signed in the presence of an authorised witness.(5)Subsections (6) to (8) apply if an application is made for a cultural recognition order about a person who is a child or an adult at the time the application is made.(6)A statement from a birth parent under section 35 of the Act included in the application must be signed in the presence of an authorised witness.(7)A statement from a cultural parent under section 36 of the Act included in the application must be signed in the presence of an authorised witness.(8)A statement from an informed person under section 38 of the Act included in the application must be signed in the presence of an authorised witness.(9)In this section—authorised witness means—(a)a barrister, solicitor or notary public; or(b)a commissioner for declarations; or(c)a justice of the peace; or(d)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.commissioner for declarations see the Justices of the Peace and Commissioners for Declarations Act 1991, section 3.justice of the peace see the Justices of the Peace and Commissioners for Declarations Act 1991, section 3.
A request under section 64(2) of the Act must be accompanied by certified copies of at least 2 documents mentioned in schedule 1 that are proof of the requester’s identity.
6Applications under the Act, s 103
An application under section 103(1) of the Act must be accompanied by certified copies of at least 2 documents mentioned in schedule 1 that are proof of the applicant’s identity.
sections 3, 5 and 6
1a birth certificate
2a citizenship certificate
3an Australian passport that is current or has been expired for less than 2 years
4a current overseas passport
5a current driver licence containing the person’s photograph
6a 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
7a current document evidencing the person’s residency or visa status
8a 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
9a current working with children card issued under the Working with Children (Risk Management and Screening) Act 2000
10a current credit card, debit card or other account card from a financial institution that includes an embossed name and signature
11a passbook or statement of account from a financial institution that is not more than 1 year old
12a telephone, gas or electricity account that is not more than 1 year old
13a rates notice from a local government that is not more than 1 year old
14a current student identity card containing the person’s photograph or signature issued by a school or another educational institution
15a Queensland Government employee identity card containing the person’s photograph
16an Australian State police officer, Australian Federal Police member or Australian Defence Force identity card containing the person’s photograph
17a current licence issued under the Security Providers Act 1993 to carry out the functions of a crowd controller, private investigator or security officer
18a current licence issued under the Weapons Act 1990