---
title: "Check whether a person may support an Aboriginal or Torres Strait Islander family in a decision"
url: "https://ailawframework.com/practice/child-protection-and-care-proceedings/check-whether-a-person-may-support-an-aboriginal-or-torres-strait-island"
type: "task"
site: "AI Law Framework"
id: "A52-PU20261022-10"
practice_area: "Child Protection & Care Proceedings"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a person may support an Aboriginal or Torres Strait Islander family in a decision

> From the proposal, list the person's relationship to the child, whether the person is an Aboriginal or Torres Strait Islander person or a member of a group that includes such persons, whether the person is employed by…

Canonical page: https://ailawframework.com/practice/child-protection-and-care-proceedings/check-whether-a-person-may-support-an-aboriginal-or-torres-strait-island  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Child Protection & Care Proceedings](https://ailawframework.com/practice/child-protection-and-care-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the proposal, list the person's relationship to the child, whether the person is an Aboriginal or Torres Strait Islander person or a member of a group that includes such persons, whether the person is employed by the department, and any conflict the file already records. Do not decide that the person is suitable, and do not brief the person on what to say. |
| What the lawyer must review | The lawyer decides whether the person may be the independent person. Queensland states that a child and family may have a person who is not part of Child Safety to help their voice be heard in an important decision. That person does not make the decision. It may not be possible in urgent action to protect a child or where there are serious safety concerns. The Child Protection Act 1999, as the page states it, requires an Aboriginal or Torres Strait Islander person, or a group whose members include such persons, and either a person or group that provides services to Aboriginal or Torres Strait Islander people, or that represents the child's community or language group, or a person of significance to the child or family who is suitable to associate with the child daily, can speak about culture in relation to the child or family, and is not employed by the department. Child Safety must also be satisfied the person is suitable. The page says a working with children check is not required. A conflict of interest means the person cannot act. Child protection records stop the person only if they are about something serious that could be a risk to the child, and the reason is not told to the family unless the person agrees. Each family member may have a different person. Under the Act as the page states it, the person must not tell anyone else what was said at a meeting or show the family's personal information, and doing so is an offence. The page gives no section number. The lawyer does not treat the person as a separate party or as the child's representative. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the file and leave the decision to the lawyer.

- What the AI does: From the proposal, list the person's relationship to the child, whether the person is an Aboriginal or Torres Strait Islander person or a member of a group that includes such persons, whether the person is employed by the department, and any conflict the file already records. Do not decide that the person is suitable, and do not brief the person on what to say.
- What the lawyer does: The lawyer decides whether the person may be the independent person. Queensland states that a child and family may have a person who is not part of Child Safety to help their voice be heard in an important decision. That person does not make the decision. It may not be possible in urgent action to protect a child or where there are serious safety concerns. The Child Protection Act 1999, as the page states it, requires an Aboriginal or Torres Strait Islander person, or a group whose members include such persons, and either a person or group that provides services to Aboriginal or Torres Strait Islander people, or that represents the child's community or language group, or a person of significance to the child or family who is suitable to associate with the child daily, can speak about culture in relation to the child or family, and is not employed by the department. Child Safety must also be satisfied the person is suitable. The page says a working with children check is not required. A conflict of interest means the person cannot act. Child protection records stop the person only if they are about something serious that could be a risk to the child, and the reason is not told to the family unless the person agrees. Each family member may have a different person. Under the Act as the page states it, the person must not tell anyone else what was said at a meeting or show the family's personal information, and doing so is an offence. The page gives no section number. The lawyer does not treat the person as a separate party or as the child's representative.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Check the person is not employed by the department, and that any conflict is recorded before the person is asked to attend.
2. Do not treat the absence of a working with children check as a bar. The page says one is not required.
3. Confirm the person is not asked to decide the matter, and that information given to the person is limited to what is needed for that decision.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Queensland Government: Being an independent person](https://www.families.qld.gov.au/our-work/child-safety/parents-families/ongoing-intervention/aboriginal-torres-strait-islander-peoples/independent-person/being-an-independent-person) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/child-protection-and-care-proceedings/check-whether-a-person-may-support-an-aboriginal-or-torres-strait-island/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*