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Australian Aboriginal and Torres Strait Islander Women's Parallel ...

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• that victims of child abuse are often ostracised by the community• a past history of problematic interactions with powerful governmentauthorities including police <strong>and</strong> child protection authorities (history of stolengenerations);• fear of possible removal of the child from the community (history of childrennever returning);• the perpetrator going to jail <strong>and</strong> implications of this in terms of communityrepercussions (memories of deaths in custody). 157Given these problems it is difficult to accurately estimate the extent of the abuseexperienced by <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children <strong>and</strong> develop effectiveprograms.Over-representation of <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children in state‘care’<strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children are significantly over-represented in thecare <strong>and</strong> protection systems of all jurisdictions. In 1997 the Bringing Them Homeinquiry found that the proportion of <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children whowere removed <strong>and</strong> placed in care was seven times higher than the proportion of non-Indigenous children. 158Unfortunately, since that time the rate has increased rather than decreased. In 2007-08,<strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> Straight Isl<strong>and</strong>er children were nine times more likely to be in outof-homecare than non-<strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children. In all jurisdictions,there were higher rates of <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er children in out-of-homecare than other children. 159 The ongoing removal of <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong>Isl<strong>and</strong>er children perpetuates a cycle that spans generations of removing children fromtheir families <strong>and</strong> communities.Our women remain gravely concerned at the ongoing failure by governments to engagein real dialogue with <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er women to formulate practical<strong>and</strong> positive strategies to protect children at risk. Of the submissions provided to the'National Inquiry into the Separation of <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> Straight Isl<strong>and</strong>er Childrenfrom their Families', not one <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er organisation saw thecurrent statutory interventions by child welfare department to be an effective responseto their communities’ child protection needs. 160 There is a strong argument that thecurrent mainstream child protection models are not applicable to <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong><strong>Strait</strong> Isl<strong>and</strong>er cultures. 161Our women have reported that there are often not enough appropriate <strong>Aboriginal</strong> <strong>and</strong><strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er carers for children who are placed in care. Children are thereforeplaced elsewhere, removed from their communities <strong>and</strong> culture, which can bedetrimental <strong>and</strong> damaging to their development <strong>and</strong> identity. Women have also reportedthat even where appropriate <strong>Aboriginal</strong> <strong>and</strong> <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er carers are found,often not enough support is provided to those carers. <strong>Torres</strong> <strong>Strait</strong> Isl<strong>and</strong>er women157 Little Children are Sacred Report, above n 19, 177.158 Human Rights <strong>and</strong> Equal Opportunity Commission, above n 7, 372.159 Child Protection Australia, above n 155, 63.160 160 Janet Stanley, Adam Tomison, <strong>and</strong> Julian Pocock, “Child Abuse <strong>and</strong> Neglect in Indigenous<strong>Australian</strong> Communities - Issues Paper No 19,” (Melbourne: <strong>Australian</strong> Institute of Family Studies:National Child Protection Clearinghouse, 2003), 23-24.161 C Cunneen <strong>and</strong> T Libesman, A Review of International Models for Indigenous Child Protection,(2002).70

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