Bringing-Them-Home-Report-Web

circumstances.2. They failed to protect the children from harm.3. They failed to involve Indigenous parents in decision-making about their children.Statutory sources of guardianship and related fiduciary obligationsState/Territory Years Grant of PowerWestern Australia 1886-19051905-1963South Australia 1844-19111911-1962Northern Territory 1910-19571957-1964Victoria 1869-19571957-1967New South Wales 1909-19151915-19401940-1969Queensland 1897-19391939-1965Aborigines Protection Board responsible for care, custody andeducation of Aboriginal children.Chief Protector (1905-36), thereafter Commissioner of NativeWelfare, the legal guardian of all Aboriginal children (exceptState wards after 1954). Aborigines Department responsible toprovide for the ‘custody, maintenance and education’ ofAboriginal children.Protector of Aborigines made the legal guardian of every halfcasteand other unprotected Aboriginal child whose parentswere dead or unknown.Chief Protector the legal guardian of every Aboriginal and‘half-caste’ child until 1923 when he was made legal guardianof every child with any Aboriginal ancestry.Chief Protector (Director of Native Welfare from 1939) thelegal guardian of every Aboriginal and ‘half-caste’ child.Director of Welfare empowered to declare Indigenousindividuals to be his wards; some were deemed wards.Legislation authorised the making of regulations providing forthe ‘care, custody and education of the children of aborigines(as defined)’.One function of the Aborigines Welfare Board was to promote‘the moral, intellectual and physical welfare of aborigines’ butotherwise no child-specific powers, nor a regulation-makingpower as previously.Aborigines Protection Board charged with the duty ‘to providefor the custody, maintenance and education of the children ofaborigines (as defined)’.Additionally, entitled to ‘assume full custody of the child ofany aborigine’.Education duty dropped.Legislation authorised the making of regulations providing forthe ‘care, custody and education of the children of aborigines(as defined)’.Director of Native Affairs the legal guardian of every‘aboriginal’ child under 21 years.