Our journey

About Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020

The decades-long journey towards the legal recognition of Torres Strait Islander traditional child rearing practice resulted in th Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 which came into force on 1 July 2021.

Years of advocating by the Kupai Omasker Working Party, various community consultations, a 2017 Queensland election commitment and the work of the Eminent Persons and many others have led to a process for legal recognition to be established.

The Act recognises Ailan Kastom child rearing practice in which a child’s birth and cultural parents agree in accordance with Ailan Kastom that the parental rights and responsibilities for the child are permanently transferred from the birth parents to the cultural parents.

Ailan Kastom child rearing practice is an integral part of Torres Strait Islander community and family life. It is connected to wider aspects of customary law and gives a sense of stability and social order of Torres Strait Islander societies.

The journey towards legal recognition

• 1970s – Adoption of Children Act 1964 (Qld) repealed
• 1985 – Queensland Government ceased registering adoptions
• 1988 – Surrogate Parenthood Act 1988 (Qld) passed
• 1990 – Working party established
• 1993 – Consultancy commissioned by Queensland Government
• 1994 – ‘Tree of Life’ report
• 1997 – Statewide workshop
• 1998 – Working party consultation
• 1999 – Queensland Government discussion paper recommends full and proper consultation
• 2001 – Family Law Advisory Group recommends amending Family Law Act 1975 (C’wlth)
• 2004 – Family Law Council recommends amendments to Family Law Act 1975 (C’wlth)
• 2008 – Altruistic Surrogacy Committee recommends developing options for recognising the practice
• 2009 – Adoption Act 2009 (Qld)
• 2010 – Surrogacy Act 2010 (Qld) – Queensland Government consults on mainland
• 2011 – Queensland Government consults in Torres Strait Islands
• 2012 – Queensland Government consults on mainland
• 2017 – Election campaign: introduce laws for legal recognition of practice
• 2018 – Eminent Persons engaged with Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP) coordinating more than 30 consultation meetings
• 2019 – DATSIP seeks legal advice given complexities of law that is a first for Australia – Engagement with Hon Alistair Nicholson AO, RDF, QC and Aunty Ivy Trevallion regarding the model
• 2020 – Draft Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practices) Bill 2020 developed and introduced to Queensland Parliament in July. Queensland Parliament passed the Bill. Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practices) Act 2020 (Qld) granted royal assent on 14 September 2020
• 2021 – Inaugural Commissioner (Meriba Omasker Kaziw Kazipa) commences