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In relation to the compensation issue in general, we would urge the Commission not torecommend a legalistic approach in determining the entitlement to compensation ofAboriginal persons affected by forced family separations … The few cases initiated to dateby Aboriginal plaintiffs seeking redress for their separation from their families have becomebogged down in procedural matters … Court actions are always expensive … [There are]difficulties in quantifying ‘damage’ for compensation issues. Clearly any attempt to quantifythe pain and suffering and psychological problems brought about by government assimilationand integration policies is fraught with difficulty (Tasmanian Aboriginal Centre submission345 pages 12-13).There was also support for the establishment of a fund to which affected peoplecould apply for compensation.[C]ompensation should be paid in non-taxable lump-sums to individuals. Such payments tobe assessed against a scale defining categories of persons affected by these policies andpractices of removal. [C]ompensation should be paid from a regional trust fund with aKimberley Aboriginal Board of management, funded by the State and Federal Governments,ex-missions and commercial and mining interests in the Kimberley. A levy could be paid tothe trust fund by mining and business interests operating in the region. [[I]ndividuals couldapply to the trust fund which would assess each application (Broome and Derby WorkingGroups submission 518 recommendation 3.1.2).In its submission to the Inquiry the Commonwealth Government expressed a concernthat different jurisdictions would be likely to differ in their decisions on compensation,thus causing inequity as between claimants (page 31). To overcome the pitfalls ofcostly, time-consuming litigation and possible inconsistency of results, the Inquiryproposes, as an alternative to litigation, a statutory compensation mechanism todetermine claims in accordance with procedures designed to ensure culturalappropriateness, minimum formality and expedition.The major church organisations which played a role in forcible removal byaccommodating the children should be encouraged to contribute to this fund shouldthey so choose.National Compensation FundRecommendation 15: That the Council of Australian Governments establish ajoint National Compensation Fund.Contributions to the Fund must be over and above existing funding for services andprograms to Indigenous people and communities.It is repugnant, unjust and unprincipled for reparation payments to be met through offsets toallocations for indigenous programs. Compensation should be met by payments specificallydistinguished from these appropriations (ATSIC submission 684 page 34).NSWALC believes great care should be taken in labelling certain measures as a form ofcompensation … [T]o suggest that improved delivery of service can be a form of‘compensation’ for wrongs committed against Indigenous peoples is inappropriate. Servicessuch as health, education and housing are basic human rights which Aboriginal people areentitled to enjoy to the same extent as other citizens … Aboriginal people should not have tobargain for essential services by foregoing compensation, nor should the delivery of essential