Cultural recognition: applying for a dispensation order

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When you apply for a cultural recognition order, the birth parents and cultural parents must agree.

In some situations, you might not be able to get all of the parents to sign the cultural recognition order application. You can still apply for a cultural recognition order – the path just looks different. In these cases, you may need to apply to the court for a dispensation order.

What is a dispensation order?

A dispensation order is a court order that allows you to apply for a cultural recognition order without needing a person’s legal consent.

When might I need a dispensation order?

You might need a dispensation order if:

• the birth father is unknown or can’t be found
• the birth mother can’t safely contact the birth father
• a birth parent or cultural parent has passed away
• everyone doesn’t agree.

The Commissioner’s Office can waive the need for consent in some situations.

How do I apply for a dispensation order?

• A lawyer from Legal Aid Queensland can give you legal advice and help you with this process.
• A lawyer can prepare your application for a dispensation order and can appear in court with you either by phone, video or in person.

What if I need support?

The Office of the Commissioner Meriba Omasker Kaziw Kazipa offers cultural support throughout the process.

To learn more about dispensation orders, speak to a legal service provider such as Legal Aid Queensland.

1300 65 01 43
www.legalaid.qld.gov.au

Last updated 28 February 2025