Aboriginal and Torres Strait Islander children

When deciding where your child should live, the most important rule is your child’s best interests. However, the Principles say that the preferred order is for an Aboriginal or Torres Strait Islander child to be placed with:

• the child’s extended family or kinship group (like grandparents, aunties, uncles or cousins) 
• other members of the child’s community; or 
• people from another community but near the child’s home.

Your child can only be placed with a non Aboriginal or non-Torres Strait Islander carer if an Aboriginal or Torres Strait Islander placement cannot be found from the three groups above. If Communities and Justice do this they must first consult with your child’s extended family or kinship group and with Aboriginal or Torres Strait Islander organisations about other options. 

The same rules apply if your child has parents from different Aboriginal or Torres Strait Islander communities. Communities and Justice have to consider the extended family or kinship groups of both parents. When deciding where your child should live, the most important rule is your child’s best interests.

If your child has one Aboriginal or Torres Strait Islander parent and one parent from another culture, the only rule in deciding where your child should live is what is in your child’s best interests. 

However, if your child lives with a nonAboriginal or non-Torres Strait Islander family, Communities and Justice must make sure that your child stays in touch with his or her Aboriginal or Torres Strait Islander family, community and culture.

If your child lives with an Aboriginal or Torres Strait Islander family, Communities and Justice must make sure that your child can have contact with his or her other family, community and culture.

Communities and Justice must listen to your views when it makes decisions about your child. If you are concerned that the Placement Principles have not been applied or you are worried about your child’s safety you should tell Communities and Justice and your lawyer. 

If Communities and Justice do not agree with you, your lawyer can help you to: 

• talk to Communities and Justice about your worries, 
• prepare an Affidavit (a written document for the Court) to tell the Court about your worries, 
• get proof of the things you are worried about, such as asking to look at records from Communities and Justice and the police.