Traditional child rearing practices of Torres Strait Islander people 125-01010010

The Torres Strait Western Island language name Kupai means 'umbilical cord' and the Eastern Island language name Omasker means 'children'. Together, they mean 'to sever the umbilical cord of the children'.

The traditional Torres Strait Islander child rearing practice is the giving of a child or children from one family to another, with the child/ren usually remaining within the extended family permanently. This is by mutual consent between the two parties concerned. The practice is widespread throughout Torres Strait Island society, both in the Torres Straits and on mainland Australia.

By custom, this practice is not openly discussed and can be seen as a taboo topic. People may be uncertain of the status of children in the community and may be unwilling to talk about it. It is confidential and private between the parties involved. Although this practice is not openly discussed, the family generally tells the child of their status when they believe the time is right. Community protocols designed to protect the child and the families govern how and when the parties are informed.

The Family Court of Australia recognises this practice and Torres Strait Islanders are requesting that other state legislative bodies recognise their traditional child rearing practices when making decisions regarding children.

Children who are affected by this child rearing practice meet the Social Security definition of a dependent child for Parenting Payment (PP) purposes. Centrelink would assess this similarly to the way foster children are currently treated. The documents approved by the Family Law Courts would satisfy the legal responsibility component of the policy.

The parents meet the Social Security guidelines for a foster carer. A foster carer is subject to the same qualification criteria that apply to all other customers who claim PP. This includes the requirement that the foster carer has at least one PP child, i.e. a dependent child as above.

Generally, when a child enters a customer’s care and they apply for family assistance payments, the agency requires evidence to support the change of care. If a dispute occurs, most state or territory laws (excluding Queensland), do not recognise this child rearing practice, For further information on change of care disputes, see Change of care for Family Tax Benefit (FTB).

If a child enters a customer’s care under Torres Strait Islander child rearing practices, the customer is deemed to now have legal responsibility for the child. The child will be deemed as a dependant for Social Security and Family Assistance purposes and generally treated the same as a formal foster child for Parental Leave Pay (PPL) purposes.

The Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 was:

• passed in Queensland Parliament, and
• granted royal assent by the Governor on 14 September 2020

This ground-breaking Act provides legal recognition in Queensland of Torres Strait Islander families’ continued use of traditional child rearing practices.

To be eligible for PPL, customers with children entering care under such an arrangement need to establish the child has become entrusted to their care by an authorised party as part of the process of adoption. For example, the customer may supply evidence that a Cultural Recognition Order (CRO) has been finalised or applied for as part of the care change. Without this, the care arrangement is treated as a formal foster situation and PPL cannot be paid.

For more information on PPL claims for adopted children, see Claiming payments for children entrusted to care as part of the process of adoption or surrogacy.