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The Australian Law Reform Commission drew on Dr Sommerlad’s work in a 1982research paper for its Aboriginal customary law reference.It is not possible to state with certainty that the very high rates of Aboriginal juveniles in correctiveinstitutions and of Aborigines in prisons is a direct result of their having been placed in substitutecare as children, but that there is a link between them has often been asserted and seems undeniable.In Victoria, analysis of the clients seeking assistance from the Aboriginal Legal Service for criminalcharges has shown that 90% of this group have been in placement – whether fostered,institutionalised or adopted. In New South Wales, the comparable figure is 90-95% with mostplacements having been in white families (page 6).Three years earlier another researcher noted that,There are between 50 – 60 Aboriginal male and female juveniles entering our detention centresevery year. That rate has been steady over the past four years. One in every three Aboriginal youthwho enters detention as a result of delinquent behaviour is a white family adoption or foster-carebreakdown. A further third of the Aboriginal juvenile offending population has a significanthistory of rearing in Children’s Institutions (Palamara 1979 pages unnumbered).A number of witnesses to the Inquiry had experienced periods of detentionthroughout their lives.And every time you come back in it doesn’t bother you because you’re used to it and you seethe same faces. It’s like you never left, you know, in the end.Confidential evidence 204, Victoria: prisoner telling of a life spent in institutions since hisremoval at 5 years to a children’s home.I reckon all my troubles started when I was living in them homes. That’s when I first startedstealing because you wasn’t allowed to have anything and if I wanted something the only way Icould get it is get it off someone else, get me brother or sister to buy it or just take it. We weresort of denied everything we wanted, just got what we was given and just be satisfied with that.I felt second-rate. I didn’t feel like I got the love I was supposed to get; like a kid’s supposed toget at that age, because they’re more vulnerable at that age. They just follow people that seemto look more after them. That’s why I got in with the wrong crowd, I suppose. They seemed tocare more.Confidential evidence 146, Victoria: a young father relating how he began stealing when he and histhree siblings were in a family group home where all the other children were non-Koori and wherehe and his Koori brother and sisters received markedly less favourable treatment.They grew up to mix up with other troubled children in Tardon and didn’t know how to mixwith us their mother and family, they only knew how to mix with other boys that they grew upwith and these boys were into stealing, so my sons went with them, they couldn’t do without thecrowd that they grew up with. I couldn’t tell them anything at this stage cause they felt thatcoloured people were nothing and that is when they went on the wrong road.One of my sons was put into jail for four years and the other one died before he could reach theage of 21 years. It hasn’t done my sons any good, the Welfare making them wards of the Stateand taking them away from me, they would have been better off with me their mother.Confidential submission 338, Victoria: Western Australian mother speaking of two sons takenin the 1950s.

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