Approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))
5B Approval of Aboriginal or Torres Strait Islander representative organisations (Act s. 22A(1))
In this regulation —
representative organisation function means —
consultation under section 81(1)(b) about a placement arrangement in respect of an Aboriginal child or Torres Strait Islander child; or
participation under section 89C in the preparation of a cultural support plan for an Aboriginal child or Torres Strait Islander child; or
participation under section 90(2A) in the review of a cultural support plan for an Aboriginal child or Torres Strait Islander child.
For the purposes of section 22A(1), the CEO may approve an organisation as an Aboriginal or Torres Strait Islander representative organisation if the CEO is satisfied that —
the organisation’s governing body is comprised, or substantially comprised, of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders; and
the organisation’s principal object, or 1 of its principal objects, is the promotion of the interests of Aboriginal persons, Torres Strait Islanders or both Aboriginal persons and Torres Strait Islanders; and
either —
the members of the governing body and staff of the organisation have, between them, experience in the provision of social services to Aboriginal persons or Torres Strait Islanders; or
before the organisation carries out any representative organisation functions, the organisation will engage 1 or more persons with experience in the provision of social services to Aboriginal persons or Torres Strait Islanders;
and
the members of the governing body and staff of the organisation have, between them —
knowledge and understanding of the matters set out in subregulation (3); and
the ability to engage and communicate with Aboriginal children, or Torres Strait Islander children, and their families;
and
the organisation’s systems, processes and governance arrangements, including in relation to financial management, record‑keeping and managing conflicts of interest and confidential information, are appropriate for carrying out representative organisation functions.
The matters are —
Aboriginal or Torres Strait Islander cultural practices; and
child protection practices and processes, including cultural support requirements; and
child development; and
child rearing practices in respect of Aboriginal children or Torres Strait Islander children; and
the impact of trauma (including intergenerational trauma) associated with disconnection from family, culture and country on the wellbeing of Aboriginal children, or Torres Strait Islander children, and their families.
If the CEO approves an organisation, the CEO must determine the period for which the approval has effect.
An approval must —
be in writing; and
specify —
the period for which the approval has effect; and
any conditions to which the approval is subject.
An approval has effect for the period specified under subregulation (5)(b)(i), unless earlier revoked under regulation 5C.
[Regulation 5B inserted: SL 2026/214 r. 5.]
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