r
Practice resource
Working with the recognised entity
Introduction
It has long been recognised, both nationally and internationally, that it is important to involve Indigenous
people in the delivery of child protection services. Child protection agencies acknowledge that culturally
appropriate child protection responses must be designed and delivered in partnership with families,
communities and Indigenous agencies. Such collaboration is particularly significant, given the historical
experiences of Aboriginal and Torres Strait Islander families with child protection agencies and the
ongoing over-representation of Aboriginal and Torres Strait Islander children within the child protection
system.
The department has the legislated mandate to deliver child protection services in Queensland. As a
result, the department intervenes in the lives of families to ensure the safety, well-being and best
interests of children who may have been harmed or who are at risk of harm. For an Aboriginal or Torres
Strait Islander child, the department must ensure that the services provided are culturally appropriate,
timely and effective in maintaining the child’s sense of identity and their connection with their culture and
community.
To achieve these goals, the Child Protection Act 1999, departmental policies and the procedures and
resources in the Child Safety Practice Manual guide staff in working collaboratively with families and
recognised entities.
This practice resource provides information about:

what is a recognised entity

legislation in relation to the recognised entity

the roles and functions of the recognised entity and responsibilities of departmental staff

strategies that will enhance partnerships with the recognised entity

key concepts.
What is a recognised entity
The Child Protection Act 1999 states that a recognised entity may be an individual or organisation that is
appropriate to be consulted about an Aboriginal or Torres Strait Islander child's protection and care. If
the entity is an individual, he or she must be an Aboriginal person or a Torres Strait Islander with
appropriate knowledge of or expertise in child protection. The individual must not be an officer or
employee of the department. When the recognised entity is an organisation, its members must include
individuals who fulfil the previously stated criteria and the organisation must provide services to
Aboriginal people or Torres Strait Islanders.
The recognised entity (whether an individual or organisation) must have been approved by the chief
executive to undertake the role of the recognised entity and be named on the list of approved recognised
entities required under Child Protection Act 1999, section 246L. For further information, refer to the
‘Eligibility, selection, listing and operation of Recognised Entities’ policy.
Legislation in relation to the recognised entity
The Child Protection Act 1999 provides the legal framework for departmental staff to work collaboratively
with recognised entities to meet the needs of Aboriginal and Torres Strait Islander children and families
July 2013
Page 1 of 7
r
Practice resource
Working with the recognised entity
who come into contact with the child protection system. The Child Protection Act 1999 outlines
requirements in relation to:

recognised entity participation in decision-making about an Aboriginal or Torres Strait Islander
child (Child Protection Act 1999, section 6(1)-(3)

the Childrens Court, having regard to the recognised entity’s views, about the child and about
Aboriginal tradition and Island custom relating to the child (Child Protection Act 1999, section
6(4))

consultation with recognised entities about the administration of the Child Protection Act 1999 in
relation to Aboriginal and Torres Strait Islander children (Child Protection Act 1999, section
7(1)(o))

the recognised entity being given a reasonable opportunity to attend and participate in the family
group meeting for an Aboriginal or Torres Strait Islander child (Child Protection Act 1999, section
51L(1)(f)) and being given a reasonable opportunity to participate in the review and preparation
of the revised case plan for an Aboriginal or Torres Strait Islander child (Child Protection Act
1999, section 51W(1)(f))

recognised entity participation in a Court Ordered Conference for an Aboriginal or Torres Strait
Islander child (Child Protection Act 1999, section 70(4))

recognised entity participation in decision-making about where an Aboriginal and Torres Strait
Islander child will live when the child is placed in out-of-home care (Child Protection Act 1999,
section 83)

the recognised entity’s membership within the SCAN team system and the associated
responsibilities as a core member representative when an Aboriginal or Torres Strait Islander
child is being discussed (Child Protection Act 1999, section 159K(a)(v) and 159L)

confidentiality requirements upon the recognised entity and its representative (Child Protection
Act 1999, section 187).
More detailed information about the legislative provisions in relation to the recognised entity is outlined in
the practice resource ‘Legislative provisions in relation to Aboriginal and Torres Strait Islander children
and collaboration with recognised entities’.
Roles of the recognised entity and responsibilities of departmental officers
To help reduce the over-representation of Aboriginal and Torres Strait Islander children in the statutory
child protection system, departmental staff and recognised entities must work together to ensure that
child protection decisions and interventions with Aboriginal and Torres Strait Islander children and
families:

are culturally appropriate and delivered in a timely way

take into consideration information about each child’s particular family, community and culture

acknowledge the strengths of each child, family and community and build on existing family
capacity

maintain the child’s sense of identity and his or her connections to their culture and community.
Roles of the recognised entity
The primary role of the recognised entity is to participate in decision-making about any significant
decisions for an Aboriginal or Torres Strait Islander child, and be available for consultation about
July 2013
Page 2 of 7
r
Practice resource
Working with the recognised entity
decisions in relation to an Aboriginal or Torres Strait Islander child that are not significant decisions. This
includes:

providing relevant information about a child and his or her family, relationships, community
connections, island, clan and/or language group and location

providing relevant information about communication/engagement strategies to facilitate culturally
appropriate planning, decision-making and intervention

providing, when requested by the Childrens Court, relevant information about a child and his or
her Aboriginal traditions or Islander customs

participating in planning, decision-making and information provision during the intake phase of
child protection intervention, including providing information via a pre-notification check,
participating in decision-making about recording a notification or subsequently participating in the
decision-making about downgrading a notification

participating in the investigation and assessment, including participating in the investigation and
assessment planning process, undertaking joint visits with departmental staff and participating in
decision-making about the investigation and assessment outcome

participating in planning for, and decision-making about, applications to the Childrens Court for
child protection orders

assisting in decision-making about referrals to early intervention services

participating in family group meetings and case plans reviews

contributing to the development of case plans and cultural support plans

participating in planning for and decision-making about an Aboriginal or Torres Strait Islander
child’s placement, including identifying placements that comply with the hierarchy of placements
in the Child Protection Act 1999, section 83, and providing information about the suitability and
compatibility of a placement

providing information about individuals or families who may be appropriate, safe, compatible
kinship carers for an Aboriginal or Torres Strait Islander child

participating in the investigation and assessment of a notification in relation to an Aboriginal or
Torres Strait Islander child who has been harmed in out-of-home care

participating in, and contributing to, ICM or SCAN team discussions about an Aboriginal or Torres
Strait Islander child, and actioning any recommendations identified for the recognised entity

providing cultural advice in relation to decision-making and planning for family contact,
reunification and transition from care

helping Aboriginal and Torres Strait Islander children and families to understand the purpose,
processes and implications of departmental intervention.
For an unborn Aboriginal or Torres Strait Islander child, the Child Protection Act 1999, section
21(A)(3)(4), requires that the recognised entity be consulted when assessing the likelihood that the
unborn child will be in need of protection after birth and to offer help and support to the pregnant woman.
The consent of the pregnant woman must be obtained before contacting the recognised entity.
This cannot occur until the investigation and assessment has commenced and the pregnant woman has
been interviewed.
In order to undertake its role and functions, the recognised entity will work closely with, and maintain
strong links to, local communities, families and clan groups. In addition, to ensure coordinated service
July 2013
Page 3 of 7
r
Practice resource
Working with the recognised entity
delivery to the child and family, there may be times when the recognised entity and departmental staff
plan for the recognised entity to have contact with the family and community without departmental staff
being present. Such contact will provide opportunities for the recognised entity to gather information that
will facilitate planning and decision-making in the best interests of the child.
The role of the recognised entity does not include functions such as:

acting as a legal advocate or providing legal advice to parents and families

providing court support to parents

providing ongoing support to carers

undertaking tasks associated with family contact or the transporting of children or families beyond
what may have been negotiated with the department as part of the child’s case plan

providing general family support, including providing financial assistance, emergency relief or
accommodation to families.
Responsibilities of departmental staff
Departmental staff also have a number of responsibilities to enable better collaborative work with the
recognised entity and delivery of culturally appropriate child protection services to Aboriginal and Torres
Strait Islander children and families. These responsibilities include:

developing a local protocol, in partnership with the relevant recognised entity, to guide working in
partnership with Aboriginal and Torres Strait Islander children and families and to facilitate
communication, information sharing, consultation, planning and prompt resolution of differences

complying with statewide and local protocols for working with the recognised entity

providing the recognised entity with sufficient relevant information, in a timely way, to allow
recognised entity staff to undertake their roles and functions

providing sufficient notice to the recognised entity of meetings, or other activities that require their
involvement, to enable the fullest participation of the recognised entity

providing respectful, culturally appropriate and supportive forums for information sharing,
decision-making and discussions with the recognised entity

ensuring that the recognised entity is given sufficient time to communicate with relevant
community members and gather information required by the department in relation to a child’s
family, community, culture and tradition

seeking information from the recognised entity about the child and his or her family, relationships,
community connections and island and/or language group and location, to inform planning and
decision-making.
When the department decides on a different course of action than that recommended by the recognised
entity in relation to a significant decision, it is good practice to ensure a senior officer has been consulted
and is aware of the decision being made, and that the decision, rationale and consultation process are
recorded in ICMS and communicated to the relevant recognised entity.
July 2013
Page 4 of 7
r
Practice resource
Working with the recognised entity
Recording
Departmental staff are responsible for accurately recording information provided by the recognised entity
in ICMS. The key information is recorded in either the ‘Recognised entity participation’ form or the
‘Recognised entity participation/Child placement principle’, including information about:

the child, his or her family, relationships, community connections, island and/or language group
and location

safe, suitable placement options, unsuitable or incompatible placement options, and strategies to
communicate and engage with Aboriginal or Torres Strait Islander children, families and
communities

their participation in the decision-making and planning, including the minutes of family group
meetings

any joint involvement with the child or family and the department, for example, joint visits

contact with the recognised entity following any decision or intervention that was required due to
urgent circumstances, which occurred prior to consulting with the recognised - this is to include
the rationale for the action or decision, why it occurred prior to consultation and how and why the
recognised entity was informed about the decision or intervention

any unsuccessful attempts to consult with or obtain the participation of the recognised entity in
decision-making and how and when the officers consulted with the recognised entity as soon as
practicable after the decision or action.
The recognised entity’s views and contributions are also to be recorded appropriately in other
departmental documents, for example, SCAN team meeting minutes.
Strategies to facilitate collaborative work with the recognised entity
If the department is to develop and maintain strong partnerships with the recognised entities, it is
important that departmental staff:

develop an understanding of the historical, systemic and social factors that contribute to the
disadvantage experienced by Aboriginal and Torres Strait Islander families and communities and
the ongoing over-representation of Aboriginal and Torres Strait Islander children in the child
protection system

recognise and value the expertise and experience of the members of the recognised entity and
their connections with their families and communities

seek opportunities to meet with and develop professional relationships with the staff from the
local recognised entity

support opportunities for participation in joint events or activities with the recognised entity, other
local Indigenous agencies and community members

ensure that any differences between the two agencies are discussed openly and resolved quickly

ensure that, at a local level, culturally appropriate processes are developed and agreed between
the two agencies to facilitated information sharing and communication.
July 2013
Page 5 of 7
r
Practice resource
Working with the recognised entity
Key concepts
Aboriginal person
An Aboriginal person is a person of Aboriginal descent who identifies as an Aboriginal and is accepted
as such by the community in which he or she lives (Council for Aboriginal Reconciliation, 1994).
Compatible
To determine compatibility, whether the Aboriginal or Torres Strait Islander person still maintains a
culture connection to community and people, information should be gathered from the following sources:

Family

Community leaders and Elders

Recognised entity staff.
Example: Mother of a child is in Doomadgee. Mother’s brother (closest sibling) is in Mt Isa and outside
of community. Placement with the mother’s brother may be a more ‘compatible’ placement for the child.
To determine compatibility there needs to be a level of acceptance and approval from community.
Cultural diversity
There are two distinct groups of Indigenous peoples in Australia, Aboriginal people and Torres Strait
Islanders. These two groups are ethnically distinct with different histories. It is very important to
acknowledge that an individual person has the right to identify with one or more cultures to which they
belong.
Departmental staff have a statutory responsibility to identify Aboriginal or Torres Strait Islander children
to ensure that ongoing intervention reflects culturally appropriate service delivery.
Culture
Culture consists of accepted and traditionally patterned ways of being and behaving. It is a common
understanding shared by members of a group or community, and it includes land, sea, beliefs,
spirituality, language, stories, identity and ways of living and working.
Extended family
An Aboriginal or Torres Strait Islander child is not isolated from the rest of the community. Children
belong to the whole community, therefore, many adults and children are involved in a child’s life and in
his or her upbringing. Aboriginal or Torres Strait Islander children are the responsibility of the whole
extended family and community. In many communities, the family is biological and classified by ‘skin’
groupings, which definiens responsibilities and obligations.
Mob/community group
Aboriginal or Torres Strait Islander peoples may belong to more than one community. For example, an
Aboriginal or Torres Strait Islander person’s communities may include where they come from, where
their family is and where they live or work. When completing these fields, it is important to record the
child’s information first, then the parents, recognising that the mother and father may come from different
cultural backgrounds to the child.
July 2013
Page 6 of 7
r
Practice resource
Working with the recognised entity
Island group
Island group refers to coastal groups such as Torres Strait Island groups, Tasmanian Island groups and
Australian Island groups, for example, Stradbroke Island (Noonucal), North Keppel (Kanome) Tiwi,
Melville.
The Torres Strait Islands are made up of the far western, western, western central, eastern and eastern
island groups. For example, Badu Island is western, Thursday Island (Waiben) is central and Murray
Island (Mer) is eastern.
Clan group
The clan is a local descent group, larger than a family, but based on family links through a common
ancestry, tribe, nation and family/community groups.
Language groups
Language groups are defined by the dialects spoken within different clan groups and community groups.
One clan could speak up to four different languages within an Island or language group.
Near
‘Near’ could mean geographical distance or could mean near in terms of family connection and cultural
connection.
For example: Burketown and Doomadgee - family groups from Doomadgee may also have family
groups in Burketown. The concept of ‘near’ would be tested with the family, local Elders and the
recognised entity.
Skin group
Skin group refers to the ‘moity system’ where an Aboriginal person is born into a family and given a
particular skin group which will follow a maternal or paternal line. In particular, skin groups govern the
daily interaction and communication between the differing skin groups and may pre-determine who they
can marry and the customs and traditions they will follow and hold in trust to be forwarded down in
generational order, which is specially held by their skin groups.
Torres Strait Islander
A Torres Strait Islander is a person of Torres Strait Islander descent who identifies as a Torres Strait
Islander and is accepted as such by the community in which he or she lives (Council for Aboriginal
Reconciliation, 1994).
Totems
Totems have particular spiritual religious significance. In some instances it is considered a cultural
‘taboo’ to note this information. Under no circumstances should totems be recorded unless permission
has been given by the correct Aboriginal or Torres Strait Islander person responsible for passing on that
knowledge - this may be an Elder or family or community member.
July 2013
Page 7 of 7