Apply for a Cultural Recognition Order

A Cultural Recognition Order is an order made by the Commissioner that transfers a child’s parentage from their birth parents to their cultural parents. You must apply for a Cultural Recognition Order to have Ailan Kastom child rearing practice legally recognised.

Applying for a Cultural Recognition Order is voluntary, and consent based. Choosing not to apply for a Cultural Recognition Order will not affect what has happened at a cultural level.

How to apply

In order to apply for a Cultural Recognition Order, there are a number of eligibility criteria and other items that you must consider.

Find out more about eligibility criteria and how to apply.

Applicant support

Support is available if you need more information about Cultural Recognition Orders or help submitting an application.

Meriba Omasker Kaziw Kazipa Program Support Office

The Program Support Office is available to provide information and culturally appropriate support to applicants about the application process and make referrals for optional legal advice and community-based counselling services.

Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts Regional Service Centres

Regional Service Centre staff are available to provide information and support to applicants about the application process and make referrals for optional legal advice and community-based counselling services.

Legal services

If you are thinking about applying for a Cultural Recognition Order we recommend seeking legal advice – given the permanent nature of a Cultural Recognition Order. This advice can be sought from any legal practitioner; however, the following legal service providers have received funding to provide free advice to clients regarding Cultural Recognition Orders:

• Legal Aid Queensland
• Aboriginal and Torres Strait Islander Legal Services (ATSILS)
• Queensland Indigenous Family Violence Legal Services (QIFVLS).

These legal services can also provide advice about dispensation of consent and help you apply for a dispensation order.

Counselling and support services

There are various counselling and support services available if you need additional support. Check a list of Aboriginal and Torres Strait Islander Family Wellbeing Services.

The Meriba Omasker Kaziw Kazipa Program Support Office can also provide you with further details of support services and their locations.

Privacy/confidentiality

If you make an enquiry or submit an application your information is kept private and confidential. Section 102 of the Act states an administrator must not, directly or indirectly, disclose confidential information unless the disclosure is permitted under subsection (2) or (3).

The Act states that an administrator is permitted to disclose confidential information other than information that the administrator knows is of a secret or sacred nature, to another person—

• under this Act; or
• if the disclosure is otherwise required or permitted by law; or
• if the person to whom the information relates consents to the disclosure; or
• if the disclosure is in a form that does not identify the person to whom the information relates.

This means the Commissioner might provide you with information about you and that the Commissioner can provide details on a Cultural Recognition Order to persons specified under the Act – specifically the Registrar, Births, Deaths and Marriages.