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undesirable or because the requirement to pay compensation may be onerous (NSWAboriginal Land Council submission 643 page 1).The reparations scheme should recognise the full range of harms and losses causedby the removal policies. The Inquiry’s recommendations under term of reference (b)in particular address the losses incurred by Indigenous communities. Individualvictims should also be entitled to measures of restitution and rehabilitation asproposed under term of reference (b). Monetary compensation should be payable forharms and losses for which it is not possible to make restitution in kind. Anyindividual affected by the removal policies should be entitled to make a claim forcompensation, including parents, siblings and other family members in appropriatecases. The Inquiry was urged to recognise the full range of damages suffered by thevictims of the removal policies.We recommend that compensation to be paid for the following … :pain and suffering of the victims and their familiesloss of access to their families and their love and supportloss of access to and knowledge of their traditional landsloss of their Native Title rightsloss of the right to grow up knowing their traditional culture and languageloss of the right to have private propertyloss of inheritance rightsloss of freedomloss of the right to determine their own lives and those of their childrensuffering hardship and abuse whilst detained in institutionssuffering racism and discrimination whilst detained in these institutions(Broome and Derby Working Groups submission 518 recommendation 3.1.1).Supreme Courts in both South Australia and the Northern Territory have awardedsubstantial damages to Aboriginal accident victims for loss of cultural fulfilment. InNapaluma v Baker in 1982 $10,000 was awarded for loss of cultural fulfilment to aninitiated man of 18 whose head injury meant he could take no further part inceremonies. In Dixon v Davies in the same year $20,000 was awarded to a boy of10 who would not be able to be initiated and would therefore lose status and beunable to participate in ceremonies.With respect to compensation for loss of native title rights, the Cape York LandCouncil submitted that,… at least two heads of damage suggest themselves: specific damages for the loss of actuallegal rights, which in this case would be the right to enjoy native title as part of a group, and

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