The Commissioner

Commissioner C'Zarke Maza

Mr C’Zarke Maza LL.M is a descendant of the Meriam people of Mer (Murray Island) in the Torres Strait Islands and Yidinjdji people from the coast of Cairns and commenced duties as the inaugural Commissioner (Meriba Omasker Kaziw Kazipa) in July 2021.

C’Zarke works to bring world-first, historic, legal recognition of Torres Strait Island traditional child rearing practices and taking the next step towards healing the community through culturally appropriate laws for First Nations people.

C’Zarke comes from a humble background, his life and that of his family, epitomises the strength to succeed as a First Nations person. He is the proud son of the late Bob Maza AM and brother of Dr Rachael Maza AM, both who were awarded with an Order of Australia (AM) and who are renowned actors, activists, playwrights and directors and have been instrumental in changing the way Aboriginal and Torres Strait Islander people are portrayed in the media.

C’Zarke takes up the Office of Commissioner (Meriba Omasker Kaziw Kazipa) after 10 years with the Aboriginal and Torres Strait Islander Legal Service (ATSILS) where he served as the Regional Manager and Legal Practitioner on Thursday Island. As the Regional Manager, C’Zarke was instrumental in establishing an ATSILS regional office on Thursday Island and a satellite office in Bamaga to provide professional and culturally competent legal services for Aboriginal and Torres Strait Islander people in the Torres Strait Islands and the Northern Peninsula Area. Further, in that period C’Zarke successfully developed collaborative partnerships in the Torres Strait Islands and the Northern Peninsula Area with Aboriginal and Torres Strait Islander communities, key government and non-government stakeholders to influence positive change and deliver high quality legal services for Aboriginal and Torres Strait Islander people within or exposed to the justice system.

Further, C’Zarke was first admitted as a solicitor and barrister in 2002 and has extensive experience in law, advocating for, and engaging with, Torres Strait Islander people. As a Torres Strait Islander person, C’Zarke brings with him a deep and inherent understanding of the diversity and sensitivity of traditional child rearing practice.

With a deep commitment to driving policy, programs and services to improve the lives of the First Nations people of Australia, C’Zarke is fiercely committed to working with the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships, the Meriba Omasker Kaziw Kazipa Advisory Group, stakeholders and communities to lead the implementation of a historical, world first legislation that will recognise and make a Torres Strait Islander cultural practice of traditional child-rearing practice into Queensland law. His extensive professional experience and ability to effectively engage with the Torres Strait Islander community (within Queensland and interstate), the broader Queensland community, government and non-government stakeholders will be key attributes for the Office.

Role of the Commissioner

The Act establishes a Commissioner (Meriba Omasker Kaziw Kazipa) who is an appropriately qualified Torres Strait Islander person with statutory powers to independently consider applications for legal recognition of Torres Strait Islander traditional child rearing practices and make Cultural Recognition Orders.

A Cultural Recognition Order permanently transfers parentage to the cultural parents and allows for the child’s or adult’s legal identity to reflect that of their cultural identity and lived experience.

Although a Cultural Recognition Order does not result in the issuing of a new birth certificate, it does facilitate the process and enables a person to apply for a birth certificate that reflects their cultural identity.

The Commissioner’s functions include:

• independently considering and deciding applications for Cultural Recognition Orders
• ensure the proper, efficient and effective performance of the Office of the Commissioner (the Office)
• provide advice, make recommendations to the Minister about the operation of the Act
• promote public awareness of the Commissioner’s functions and the Office
• advise the Registrar of Births, Deaths and Marriages of each Cultural Recognition Order made
• any other functions conferred under the Act such as requesting further information from applicants.

The following are not part of the Commissioner’s role:

• determine the appropriateness of the arrangements made between Birth Parents and Cultural Parents
• assess the suitability and of the Cultural Parents to care for the subject person as a parent
• assist in dispute or conflict resolution between parties to an application, or
• provide legal advice to parties to an application.

The Meriba Omasker Kaziw Kazipa guidelines (PDF, 581 KB) | Meriba Omasker Kaziw Kazipa guidelines (DOCX, 1.4 MB) have been developed to provide further assistance to the Commissioner when considering an application.

Office of the Commissioner

The Office of the Commissioner (Meriba Omasker Kaziw Kazipa) has been established and was opened on 17 August 2021. The main role of the Office of the Commissioner is to help the Commissioner perform their functions.

The Office of the Commissioner is not considered a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982 . The Office of the Commissioner, while independent, is hosted by the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships and supported by a co-located Meriba Omasker Kaziw Kazipa Program Support Office.

The Meriba Omasker Kaziw Kazipa Program Support Office also provides support and information to those considering making an application for a Cultural Recognition Order.

The Office of the Commissioner is currently made up of the Commissioner Maza and an Executive Officer.

The Office is located in Cairns and can be contacted via phone (1800 571 102) or email office@ocmokk.qld.gov.au

Meriba Omasker Kaziw Kazipa Program Support Office

A Meriba Omasker Kaziw Kazipa Program Support Office has been established to support the Office of the Commissioner, and to provide information and culturally appropriate support to applicants about the application process for Cultural Recognition Orders as well as make referrals for optional legal advice and community based counselling services, and undertake community engagement.

The Program Support Office includes two Cultural Support Officers (one based in Cairns and one based on Thursday Island). The Officers will respond to enquiries about Cultural Recognition Orders and assist with applications.

The role of the Program Support Office is to:

• provide information and culturally appropriate support to applicants about the application process
• undertake record keeping and uploading of information into the Meriba Omasker Information Management System
• make referrals to legal services for advice and to community-based counselling and wellbeing services
• undertake community engagement regarding the Act and application process
• provide business support to the Office of the Commissioner
• respond to enquires that have been flagged by regional staff for further follow-up.

The Meriba Omasker Kaziw Kazipa Program Support Office has two office locations, one in Cairns and one on Thursday Island. You can visit the Program Support Office, contact staff members by phone (1800 571 102), or email office@ocmokk.qld.gov.au for more information or help with an application.

Regional Service Centre staff from the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships are also available to provide information and help with your application.