Bringing-Them-Home-Report-Web

operating in Queensland, WA, SA and Victoria. The Australian Institute of Aboriginaland Torres Strait Islander Studies also offers a family research service. The followingtable sets out what services are available and whether Indigenous staff are employed.Access as of right‘Personal information’ is information about the searcher, the forcibly removed childor perhaps a descendant. This information may include the searcher’s date and place ofbirth, birth name, date and reason for removal, placement(s), health and educationrecords. While ‘personal information’ usually includes the names of the child’s biologicalparents and their dates of birth, it does not include other records about the parents such astheir health records, employment and housing records, information kept by missionariesand protectors about their relationships, other children, changes of residence and so on.Nor does it include information about the searcher’s siblings, grandparents, cousins orother family or community members.There is a right of access to personal information throughout Australia with theexception of the Northern Territory. This right is established by ‘freedom of information’laws (FoI) covering personal information compiled by government agencies.… if someone requests documents – whoever they may be – as long as that document directlyrelates to them there is no prohibition on their access to the information (Dr David Rathman, SADepartment of Aboriginal Affairs, evidence).If the file was just about you we wouldn’t deny you access at all. We’d actually make a copy ofthe file for you (Rose Mitchell, WA Aboriginal Affairs Department, evidence).Freedom of information legislation sets minimum rights of access. It is a back-up ifaccess to documents cannot be obtained less formally. FoI legislation does not preventaccess being provided informally. ‘[It] is not the only mechanism by which the objectivesof government openness and accountability, dissemination of information and protectionof privacy can be achieved. Its importance lies in the fact that it provides an enforceableright of access to government-held information’ (Open government 1995 page 15).The FOI Act prescribes when information must be disclosed. It does not prescribe wheninformation is permitted to be disclosed. Agencies retain a discretion to disclose information atany time (Open government 1995 page 38).FoI legislation requires departments to respond to requests within set time limits andif departments refuse to release records the legislation provides rights of appeal.Restrictive application of FoIThe administration of FoI application procedures can be unhelpful to manyIndigenous searchers seeking personal information. One limitation is that the applicantfor a record must usually specify the file sought. Most record agencies will not search