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Section 323. Restrictions on the making of permanent care order in respect of an Aboriginal child

If an Aboriginal child is required to be placed within the care of non-Aboriginal people, then certain conditions and requirements will need to be met to make sure that the child's safety and cultural needs are met.

The Court must not make a permanent care order to place an Aboriginal child solely with a non-Aboriginal person or persons unless:

  • (a) the disposition report states that—
    • (i) no suitable placement can be found with an Aboriginal person or persons; and
    • (ii) the decision to seek the order has been made in consultation with the child, where appropriate; and
    • (iii) the Secretary is satisfied that the order sought will accord with the Aboriginal Child Placement Principle; and
  • (b) the Court has received a report from an Aboriginal agency that recommends the making of the order; and
  • (c) if the Court so requires, a cultural plan has been prepared for the child.

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