Bringing-Them-Home-Report-Web

services be seen as recompense for past wrongs. These services should be deliveredregardless of any compensation that may be recommended by the Inquiry (NSW AboriginalLand Council submission 643 page 2).A Board (or similar) will be needed to administer the Fund, consider claims andaward monetary compensation. This Board must include Indigenous members andbe chaired by an Indigenous person. It is likely that the contributing governments willdesire some representation on the Board, while simultaneously sharing an interest inkeeping membership to a minimum. The make-up of the Board is ultimately a matterfor the Council of Australian Governments.National Compensation Fund BoardRecommendation 16a: That the Council of Australian Governments establish aBoard to administer the National Compensation Fund.Recommendation 16b: That the Board be constituted by both Indigenous and non-Indigenous people appointed in consultation with Indigenous organisations ineach State and Territory having particular responsibilities to people forciblyremoved in childhood and their families. That the majority of members beIndigenous people and that the Board be chaired by an Indigenous person.Procedural principlesSome fundamental procedural principles are necessary to ensure that monetarycompensation is distributed effectively and equitably. Guidance is provided in thisrespect by internationally recognised principles, including those of van Boven.Whatever compensation mechanism is established, culturally appropriateassessment criteria and procedures which are expeditious, non-confrontational andnon-threatening and which respect and accommodate cultural and linguistic needs,must be applied in the determination of compensation claims (van Boven 1992 pages13-14, Lutz 1989 page 210).The experience of victims of the Shoah (Holocaust) suggests that it can take sometime before victims are mentally capable of filing claims or accepting compensation(van Boven 1992 page 14). Lutz has noted that,[F]ormer victims are not likely to focus immediately on seeking compensation, especially inthe years just following their persecution. Their primary concern during that period will be torebuild their lives. Once physical health needs are addressed, it may take years for a formervictim to recognize that he or she has unresolved mental health problems or is unable to workat his or her previous occupational level (1989 pages 207-8).In this connection, Professor van Boven has commented,The principle should prevail that claims relating to reparations for gross violations of humanrights are linked to the most serious crimes to which, according to the authoritative legalopinion, statutory limitations shall not apply. Moreover, it is well-established that for manyvictims of gross violations of human rights, the passage of time has no attenuating effect; onthe contrary, there is an increase in post-traumatic stress, requiring all necessary material,