Funding secures future for legal recognition of Torres Strait cultural adoption rights

Jarred Cross
Jarred Cross Published July 8, 2025 at 6.30pm (AWST)

The Commissioner overseeing traditional Torres Strait child rearing customs has welcomed funding in Queensland's recent budget he says will enable more families to access legal recognition.

Queensland passed the Meriba Omasker Zaziw Kazipa (For our Children's Children) Act in September 2020, embedding generations-old adoption practices into state law.

Under the Act, families who have adopted from a relative or another community member are able to apply for Cultural Recognition Order - granting them legal rights to parenting decisions, and the child the same rights as a family's biological children.

"For generations, Torres Strait Islanders have supported their children and each other in loving, supportive extended families," previous member for Cook and Torres Strait woman Cynthia Lui, who introduced the private member's bill, said when it passed.

"Until now, these family relationships have never been fully recognised in law. This Act means children and adults who've grown up with traditional adoptive parents will finally have their legal identity match their cultural identity."

In last month's Queensland Budget, the state government committed to increased funding of $6.8 million over three years from 2026 to support the practice.

It comes within an $8.9 million in total support for the administration of the Act, including $291,000 over the next 12 months for Legal Aid Queensland.

The injection is expected to maintain the continuation of recognised adoption until 2029, Meriba Omasker Kaziw Kazipa Commissioner C'Zarke Maza said.

Applications for Cultural Recognition Orders opened in September 2021, with the first granted in December of that year. More than 100 have been granted since.

"Until now, the program had no funding certainty beyond this year. This significant investment ensures we can continue removing barriers to participation and providing opportunities for Torres Strait Islander families," Mr Maza stated of the funding.

Mr Maza was made the inaugural appointment to the role in 2021, with his current term remaining until September this year.

Processes are underway to appoint a Commissioner for a longer, three-year period.

The work achieved so far is "well above expectation", Mr Maza said.

"The program has continued to thrive in its mission to bridge the gap between traditional ailan laws and western law for caregivers and children from extended Torres Strait Islander families," he said.

The Office of the Commissioner is hosting celebrations ahead of their ongoing work later this month.

On introducing the Bill in 2020, Ms Lui said legal recognition of this cultural practice was a "historic milestone in the Queensland Government's journey to reframe its relationship with First Nations peoples".

Then premier Annastacia Palaszczuk said the legislation "means children and adults who have grown up with traditional adoptive parents will finally have their legal identity match their cultural identity, supporting and strengthening their connection to community and culture".

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