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others with information and encouragement. Mutual support, community and friendshipare keys to healing. The knowledge, experience and skills of traditional healers also needto be acknowledged and drawn upon.There must be sufficient funding and other resources to ensure that services canrespond promptly to demands in ways which ensure realisation of the right of selfdetermination,which are culturally appropriate and which ensure equality of access forall. Services must be adequately resourced so that they can be flexible enough to take intoaccount the many and diverse ways in which the removal policies have affectedindividuals, families and communities.Endnotes1 The Human Rights Committee’s 1994 General Comment on article 27 states that, ‘The enjoymentof those rights may require positive legal measures of protection…’ (UN DocumentCCPR/C/21/Rev.1/Add.5, 26 April 1994).2 Ibid.
16 Access to Personal and Family RecordsPeople need their personal and family records for various reasons.I wanted to find out my right age and where all my family came from and who I was relatedto.Confidential submission 110, Queensland.In some cases the records held by non-Aboriginal organisations may be the only source ofinformation that Aboriginal people have about ourselves (Link-Up (NSW) submission 186 page10).That’s why I wanted the files brought down, so I could actually read it and find out why Iwas taken away and why these three here [siblings] were taken by [our] auntie … Whydidn’t she take the lot of us instead of leaving two there? … I’d like to get the files there andsee why did these ones here go to the auntie and the other ones were fostered.Confidential evidence 161, Victoria.Access to knowledge can assist: to reinstate pride in family experiences; enhance a stronger senseof identity; re-establish contacts with family members; reaffirm interaction with broad familynetworks; revive and maintain Aboriginal traditions …; understand the historical background ofcontemporary personal issues …; re-claim ownership of material pertaining to family life;develop resources … and enhance research skills (Patrick Dodson quoted in the National <strong>Report</strong>of the Royal Commission into Aboriginal Deaths in Custody Volume 2 on page 78).Existing services and proceduresThe variety of existing services and procedures for accessing personal and familyrecords – even within a single jurisdiction – creates a complex and somewhat confusingscene.There is a patchwork of laws governing access to these records. At the federal level the ArchivesAct 1983, the Freedom of Information Act 1982 and the Privacy Act 1988 are relevant. There maybe as many as three pieces of parallel legislation in each State. At the local [government] levelaccess to records may be governed by State legislation or by independent regulations of the localgovernment authority.There is no legislation governing access to records generated in the non-Government sphere …As there is no single piece of legislation across Australia governing access to government recordsthere is no consistency in terms of practices or policies …
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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
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That’s also impacted on my own li
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Association in the Northern Territo
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I look at my son today who had to b
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Now I understand why Mum is the way
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emoved. More than one-third of thos
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Mother Jenny:Jenny grew up in a cha
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He was about 6 month becaus he was
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articulated needs to trace their fa
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Quoted by Link-Up (NSW) submission
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Bonds broken foreverEven for those
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I was in one of the cottages [in a
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the last she saw of him. She said t
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We kept in contact with one another
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Part 4ReparationKooris Come in All
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Two broad periodsBroadly speaking t
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the kingdom. The law defended indiv
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Jaggs 1986 page 7). However, no Sta
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The manner in which children were t
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page 211; see also Ex parte Earl of
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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 and 240: y Australia in July 1949, came into
Page 241 and 242: 14 Making ReparationThe Government
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: the history of forcible removal and
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
Page 291 and 292: a former ward who was harmed or abu
Page 293 and 294: derogatory and racist language, so
Page 295 and 296: family history. Other agencies, how
Page 297 and 298: Non-discriminationThe arrangements
Page 299 and 300: Adequate resourcesThe deployment of
Page 301 and 302: implications’ of this task ‘sho
Page 303 and 304: That a consistent approach be adopt
Page 305 and 306: and access procedures so that they
Page 307 and 308: Murri academic Henrietta Fourmile m
Page 309 and 310: Recommendation 29b: That the Counci
Page 311 and 312: Royal Commission Recommendation 52
Page 313 and 314: can be kept to a minimum because of
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Page 317 and 318: • consultation regarding record a
Page 319 and 320: operation.The funding constraints l
Page 321 and 322: States when James was six. The adop
Page 323 and 324: Confidential evidence 553, Northern
Page 325 and 326: expectations of two different cultu
Page 327 and 328: In other cases psychiatrists do not
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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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