annual report 08-09 - Public Interest Advocacy Centre

Unfortunately, there have also been a number of regressive
developments concerning the operation of the Repayment
Scheme. Most notably, the Government’s announcement of
an $11,000 lump sum payment to all successful claimants has
received an overwhelmingly negative reaction amongst claimants
whose claims are yet to be processed. Many feel that this is unfair
given that previously some claimants received repayments in
excess of $30,000. Many also feel that this amount is not sufficient
recompense for the years or hardship and labour that they or the
relatives endured.
As a result, PIAC’s campaign for progress towards a fairer scheme
that achieves repayment of monies owed is far from over.
Stolen Generations
In February 2009, a year after the national apology to the
Stolen Generations, the Federal Government announced that it
would establish an Aboriginal and Torres Strait Islander Healing
Foundation to address the cycle of trauma and grief in Indigenous
communities, particularly affecting members of the Stolen
Generations and their families.
PIAC welcomed this announcement and the Government’s
approach to developing the Healing Foundation of conducting
nationwide community consultations.
Restoring Identity was the final report of the Moving Forward:
Achieving Reparations national consultation project conducted
by PIAC in 2002, which sought the opinions of Aboriginal and
Torres Strait Islander people about PIAC’s proposal for a national
reparations tribunal. The report documents the outcomes of the
consultations and examines international approaches to providing
reparations. It also draws on PIAC’s own experiences representing
members of the Stolen Generations.
To boost the campaign for reparations for members of the Stolen
Generations, PIAC is updating to produce a second edition of
Restoring Identity. The second edition will include a draft Stolen
Generations Reparations Bill that provides a framework for the
functions and powers of the proposed tribunal and outlines the
claim process and procedures. PIAC is grateful to Allens Arthur
Robinson partner, Tom Poulton, and Allens staff members, Bianca
Locsin and Chris Govey, who assisted in preparing the draft Bill.
This second edition will be launched in late 2009 and will form the
basis of PIAC’s campaign work in this area.
In addition to the campaign for a national reparations tribunal,
PIAC has provided legal advice to members of the Stolen
Generations seeking to bring legal action against government
for the harm and abuses they suffered as a result of their forcible
removal from their families and subsequent mistreatment in foster
homes and state-run institutions.
The success of the late Bruce Trevorrow in his civil claim against
the South Australian Government for compensation for the harm
caused by his forcible removal from his family at 13 months of
age created renewed optimism among members of the Stolen
Generations. However, many who have sought to follow in
Mr Trevorrow’s footsteps have been disappointed by the paucity
of funding available to pursue similar claims and the complexities
of the litigation process.
PIAC hopes that the second edition of Restoring Identity will
encourage consideration by all governments and the wider
community of a different and more responsive way forward in
addressing the grief and trauma experienced by members of the
Stolen Generations.
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PUBLIC INTEREST ADVOCACY CENTRE • ANNUAL REPORT 2008-2009