Presenter: Torres Strait Islander peoples are warned the following animation may contain sensitive information about a sacred practice, protected under Ailan Kastom. Children are not encouraged to watch this video without a parent or guardian present.
Presenter: A cultural recognition order permanently transfers the legal parental rights and responsibilities for a child or adult, from the birth parents to their cultural parents.
Presenter: Any Torres Strait Islander adult who was gifted as a child, or birth parent or cultural parent, who is a part of the Ailan Kastom child rearing practice can apply for a cultural recognition order.
Presenter: However, both the birth parents and cultural parents need to agree before applying.
Presenter: And at least one cultural parent and one birth parent needs to be of Torres Strait Islander heritage.
Presenter: To be given a cultural recognition order for a child, the child's birth must be registered in Queensland.
Presenter: Adults who want their cultural parents to be legally recognised can also apply for a cultural recognition order.
Presenter: Without a cultural recognition order, cultural parents have no legal relationship with the child.
Presenter: This means the child’s legal identity will not reflect their cultural identity, and the lack of documentation can create barriers in life.
Presenter: These barriers can include the cultural surname not being on the birth certificate.
Presenter: Troubles with enrolling your child at school.
Presenter: Difficulties applying for legal documents such as a driver licence, a passport, a Proof of Age card and accessing Medicare and Centrelink.
Presenter: Setting up bank accounts and superannuation can be difficult, or even accessing some medical and health services.
Presenter: There can be problems when buying property or claiming an inheritance once a birth or cultural parent passes away.
Presenter: If a Torres Strait Islander person or family is considering applying for a cultural recognition order, you should speak to the Office of the Commissioner Meriba Omasker Kaziw Kazipa.
Presenter: The nature of your cultural gifting is private and confidential.
Presenter: By sharing your story, the commissioner will identify the right way forward for you and your family.
Presenter: Every journey is different.
Presenter: There are two types of applications, an application for a child, and an application for an adult.
Presenter: The Office of the Commissioner can give information and culturally appropriate support about the application process and refer you to legal advice and community-based counselling services if needed.
Presenter: Before applying for a cultural recognition order, you will need to get independent legal advice.
Presenter: Legal Aid Queensland can give you free legal advice.
Presenter: Be patient.
Presenter: Depending on your journey, the process of getting a cultural recognition order can take a while.
Presenter: The commissioner will write to all people in the cultural recognition order application and let you know the outcome, including reasons for the decision.
Presenter: The commissioner will write to all people in the cultural recognition order application and let you know the outcome, including reasons for the decision.
Presenter: If approved, the commissioner gives the cultural recognition order to the Registrar of Births, Deaths and Marriages who registers the cultural parents listed on the cultural recognition order and closes the person’s previous birth entry.
Presenter: You will then receive a new birth certificate.
Presenter: To learn more about cultural recognition orders and how to apply, speak to a Torres Strait Islander support worker at the Office of the Commissioner Meriba Omasker Kaziw Kazipa. Any contact is kept confidential.