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Confidential evidence 218, Victoria
14 Making ReparationThe Government has to explain why it happened. What was the intention? I have toknow why I was taken. I have to know why I was given the life I was given and why I’mscarred today. Why was my Mum meant to suffer? Why was I made to suffer with noAboriginality and no identity, no culture? Why did they think that the life they gave mewas better than the one my Mum would give me?And an apology is important because I’ve never been apologised to. My mother’s neverbeen apologised to, not once, and I would like to be apologised to.Thirdly, I’ve been a victim and I’ve suffered and I’ll suffer until the day I die for whatI’ve never had and what I can never have. I just have to get on with my life butcompensation would help. It doesn’t take the pain away. It doesn’t take the sufferingaway. It doesn’t take the memories away. It doesn’t bring my mother back. But it hasto be recognised.And I shouldn’t forget counselling. I’ve had to counsel myself all my life from a veryyoung age. And in the homes I never showed my tears … I’ve been told that I need totalk about my childhood. I need to be counselled for me to get back on with my life.Confidential evidence 139, Victoria: woman removed at 12 months in 1967.FindingsDenial of common law rightsThe Inquiry has found that the removal of Indigenous children by compulsion,duress or undue influence was usually authorised by law, but that those laws violatedfundamental common law rights which Indigenous Australians should have enjoyedequally with all other Australians. As subjects of the British Crown, Indigenouspeople should have been accorded these common law liberties and protections asfundamental constitutional rights.Breach of human rightsThe Inquiry has further found that from about 1950 the continuation of separate lawsfor Indigenous children breached the international prohibition of racial discrimination.Also racially discriminatory were practices which disadvantaged Indigenous familiesbecause the standards imposed were standards which they could not meet eitherbecause of their particular cultural values or because of imposed poverty anddependence.Finally, from 1946 laws and practices which, with the purpose of eliminatingIndigenous cultures, promoted the removal of Indigenous children for rearing in non-Indigenous institutions and households were in breach of the international prohibitionof genocide. From this period many Indigenous Australians were victims of grossviolations of human rights.Other victimisationThe Inquiry has found that many individuals were victims of civil and/or criminalwrongdoing. These wrongs were perpetrated by ‘carers’ and typically ignored bygovernment-appointed guardians. They compounded the initial harm and damage
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(c) examine the principles relevant
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The Inquiry’s recommendations are
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child. We’d like to take this bab
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The benefits that influenced the pa
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Confidential submission 843, Queens
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Fair 23.4% 13.0%Poor 5.7% 2.4%Not s
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The Inquiry is aware that many othe
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Part 2Tracing the HistoryC h a p t
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appointed a Select Committee to inq
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The ‘protectionist’ legislation
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From this time on, States began ado
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For the Aboriginal child growing up
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3 New South Wales and the ACTAt Dar
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Indigenous children from their fami
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1933 and to those resisting removal
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towards their people since the time
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By the late 1930s it was clear the
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Mt Penang Training Centre [in the e
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had died.In Sydney my mother and Es
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She made us stay up late sewing, kn
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her family background made sure of
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and publicity that occurs with prop
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on the conditions under which Indig
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was rare for legal representation t
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whatever. Considering I come from a
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Aboriginal Child Care Agency (VACCA
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unacceptable or unchristian-like be
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government policy until at least 19
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Forcible separation through the dor
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ecome very frightened of her. We cl
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leave or escape from such reserve o
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and financial responsibilities.In 1
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Night is drawing nearThis always up
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several days later that she was adm
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than an Aboriginal Penal Colony. Ou
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6 Tasmania… there does not appear
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Ten years later few of the Islander
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with that. It was just the way of l
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in Tasmania. The idea being to even
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and my brothers and sisters.Confide
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domestic and farm work. Under the I
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If the police sent me only the most
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[In 1926] came a visit from A.J. Ne
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‘neglect’ was not a justificati
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accepted into the state schools. Fr
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I never received any money from my
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Several more years passed and I sti
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8 South AustraliaThe general opinio
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South lobbied for the power to remo
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In 1936 David Unaipon spoke on the
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Confidential submission 112, South
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tried to place all Indigenous child
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culture was gone, our family was go
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Goldsmith, argued for the establish
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At The Bungalow in the 1920s about
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future ‘absorption’. He wanted
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The stated intentions of the missio
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The assembled children were loaded
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emoval only on a children’s court
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Department of Aboriginal Affairs wh
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All the girls slept in one dormitor
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Part 3Consequences of RemovalChapte
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Totality of separationThe overwhelm
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When I first met my mother - when I
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Institutional conditionsThe living
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Confidential evidence, New South Wa
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Sexual assaults reported by Inquiry
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A good home with a kindly mistress
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They had to - if they didn’t do i
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and babies, infants and young child
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Confidential submission 109, Queens
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We were constantly told that we did
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of religion to us. We used to have
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poverty. These in turn cause their
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He says looking within himself that
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Most families provide growing child
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(Wolkind and Rutter 1984 page 47).
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The effects of institutionalisation
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Confidential submission 126, Victor
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Helen Siggers, a former nursing sis
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sense of being different from other
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The Sydney Aboriginal Mental Health
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The following table summarises the
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The effects of separation from the
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The policies of separation were oft
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It is possible for Aboriginal peopl
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aged between 6 months and 7 years.]
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Eventually I got married when I was
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The effects on family and community
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profound disadvantages (‘other li
Page 189 and 190: That’s also impacted on my own li
Page 191 and 192: Association in the Northern Territo
Page 193 and 194: I look at my son today who had to b
Page 195 and 196: Now I understand why Mum is the way
Page 197 and 198: emoved. More than one-third of thos
Page 199 and 200: Mother Jenny:Jenny grew up in a cha
Page 201 and 202: He was about 6 month becaus he was
Page 203 and 204: articulated needs to trace their fa
Page 205 and 206: Quoted by Link-Up (NSW) submission
Page 207 and 208: Bonds broken foreverEven for those
Page 209 and 210: I was in one of the cottages [in a
Page 211 and 212: the last she saw of him. She said t
Page 213 and 214: We kept in contact with one another
Page 215 and 216: Part 4ReparationKooris Come in All
Page 217 and 218: Two broad periodsBroadly speaking t
Page 219 and 220: the kingdom. The law defended indiv
Page 221 and 222: Jaggs 1986 page 7). However, no Sta
Page 223 and 224: The manner in which children were t
Page 225 and 226: page 211; see also Ex parte Earl of
Page 227 and 228: Source: Appendices to this report.F
Page 229 and 230: understanding. Indigenous children
Page 231 and 232: Nations Resolution of 1946, followe
Page 233 and 234: Article 2 states that,Everyone is e
Page 235 and 236: The Convention confirmed that genoc
Page 237 and 238: the extent to which that intention
Page 239: y Australia in July 1949, came into
Page 243 and 244: A human rights frameworkPrinciples
Page 245 and 246: (submission 754 page 50).The Broome
Page 247 and 248: (c) An official declaration or a ju
Page 249 and 250: There would be few Aboriginal peopl
Page 251 and 252: On behalf of our constituent nation
Page 253 and 254: It must be acknowledged that, no ma
Page 255 and 256: and effects of forcible removals.Ju
Page 257 and 258: [Thus] it will be the relevant indi
Page 259 and 260: The significance of Indigenous lang
Page 261 and 262: This recommendation extends only to
Page 263 and 264: general damages for the pain and su
Page 265 and 266: the United Nations Special Rapporte
Page 267 and 268: In relation to the compensation iss
Page 269 and 270: medical, psychological and social a
Page 271 and 272: It should be appreciated that the a
Page 273 and 274: Part 5Services for Those AffectedEm
Page 275 and 276: Inquiry to examine all services app
Page 277 and 278: governments should confine their ro
Page 279 and 280: the history of forcible removal and
Page 281 and 282: 16 Access to Personal and Family Re
Page 283 and 284: Little effort has been made to iden
Page 285 and 286: What was very disturbing … was th
Page 287 and 288: through all of their files to disco
Page 289 and 290: Confidentiality provisions within t
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a former ward who was harmed or abu
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derogatory and racist language, so
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family history. Other agencies, how
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Non-discriminationThe arrangements
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Adequate resourcesThe deployment of
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implications’ of this task ‘sho
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That a consistent approach be adopt
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and access procedures so that they
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Murri academic Henrietta Fourmile m
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Recommendation 29b: That the Counci
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Royal Commission Recommendation 52
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can be kept to a minimum because of
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The SA Aboriginal Child Care Agency
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• consultation regarding record a
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operation.The funding constraints l
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States when James was six. The adop
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Confidential evidence 553, Northern
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expectations of two different cultu
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In other cases psychiatrists do not
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The need for trauma and grief couns
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worker is based at the State’s ps
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The Yorgum Aboriginal Family Counse
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When we began [in 1991], we were se
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Most States and the Northern Territ
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Territory Health Service [must] rec
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services, Aboriginal and Islander C
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It is a model that takes into accou
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There are very strong and cogent ar
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The effects of forcible removal are
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needed services. The point was clea
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Carol[Carol’s grandmother was rem
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me how to be a good mother. A year
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statements expressing understanding
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Policy deficienciesThe general expe
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Likewise there can be cases where r
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We have proposed that the churches
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A further problem is that we alread
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issues with relevant communities’
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Part 6Contemporary SeparationsThere
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disappointment in the family is you
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when I got my holidays from work. S
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missing information in both of thes
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part of welfare practice. The forma
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integrated into the Aboriginal Chil
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Reliance on a view of culture as fi
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Non-Indigenous care for Indigenous
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were placed with non-Aboriginal fos
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The protocol also provides for CSV
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identified an urgent need for statu
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Inadequate consultation with AICCAs
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The assessment of prospective foste
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seen as pathological or dysfunction
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It is not surprising, given the exp
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Department of Social Security inacc
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acknowledged and addressed.Conclusi
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have the scar today.I did not know
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22 AdoptionThere can be little argu
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of care (Ban 1993 page 5).• The c
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and counselling is to ‘explore al
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Aboriginal child. The Aboriginal ag
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In possession of this evidence, the
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Confidential submission 9, Queensla
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The criteria are alien to aborigina
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never got kicked out because she ne
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23 Family LawFamily law plays a rol
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• whether stability is to be pref
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family member. Thus there is still
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judges (Nicholson 1995 page 13, Coo
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without any legislative base. Howev
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The Australian Institute of Crimino
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While there are many occasions wher
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However, NSW had the highest number
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Dec 95 254 481.1 491 25.0Mar 96 276
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custody,• the Children’s Court
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In addition Indigenous people gener
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wilderness trek with several weeks
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submission pages D-26 to D-28).West
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Responses to law and order problems
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Arrests for public order offences s
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legislation. The available evidence
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also to provide greater control ove
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had high proportions of Indigenous
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alternative facilities. At times, n
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communities and show no understandi
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conferences lack specific time fram
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Similarly, when questioned about th
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Repeat offendersRecent changes to s
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justice system’ (1995 page 69).Pu
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[Significantly] contributes to on-g
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The Inquiry was repeatedly told tha
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oys will have no family visits for
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people or to reduce the levels of p
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Education (interim submission page
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dispossession and marginalisation -
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• the implicit or explicit interp
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their initiatives include programs
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private dwellings, of which three-q
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During the early part of the twenti
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always associated with the alienati
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Because of their high unemployment
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26 A New FrameworkAn entrenched pat
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ecognised international right of al
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ange of possible outcomes other tha
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Aboriginal local governing bodies r
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submission 309, Anglican Church Soc
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matter holding instead that ‘we m
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‘internally legitimised tribal au
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and/or the establishment of regiona
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In 1992 the Council of Australian G
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3. That negotiated agreements will
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Recommendation 44: That the Council
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It is not surprising, given the exp
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inevitably face and be able to addr
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ureaucratic procedures (Homes for B
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designed for Indigenous children mu
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Rule 8. RecordingEvery interview mu
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currently sets out four principles
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