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If the revitalisation and resurgence of Aboriginal culture is to fully take place, and so that we cancontribute our culture to the world heritage on our own terms, then we must once again be able toown, control and enjoy our cultural and historical resources housed within our own communityfacilities (1989 page 5).The Aboriginal and Torres Strait Islander Commission (ATSIC) submitted to theInquiry that,The archival records form the basis of a cultural heritage. There is anger that cultural property isvested under Government legislation. Repatriation of records is seen as an importantconsideration and an issue to be negotiated with indigenous communities and organisations(submission 684 page 23).Australian law does not currently accept the view of record ownership implicit inthese arguments. The owner of the record is the person or department which created it(Breen v Williams 1996; various archives acts). While FoI laws recognise the right of thesubject of the record to see it and have a copy, they simultaneously prevent any otherperson or organisation seeing it or having a copy without the individual’s consent.However, there are numerous records relating to Indigenous families and communitieswhich do not contain sensitive personal information or which are now less sensitive dueto the passage of time since their creation. Records Taskforces are well placed todistinguish between these categories of records.Original records should generally remain in the custody of the agency which createdthem or of an archive. Exceptions include letters and other records created by Indigenouspeople and placed on government or mission files. Non-government agencies or privateindividuals may donate original records to an Indigenous repository. The AustralianInstitute of Aboriginal and Torres Strait Islander Studies project, Return of Materials toAboriginal Communities, may offer some insights into how the provision of documentarymaterials to an Indigenous repository might be managed in practice (evidence 703).We have proposed elsewhere the expansion of the role of Aboriginal languagecentres or the creation of new institutions. The functions of ‘language, culture and historycentres’ could include oral history archive as proposed in Recommendation 11, recordsarchive, community education facility, language centre (recording and teaching),memorial, museum, cultural and historical resource and research centre. There wassignificant support among submissions to the Inquiry for the housing of personal andfamily records in these centres.Indigenous repositoriesRecommendation 29a: That, on the request of an Indigenous community, the relevantRecords Taskforce sponsor negotiations between government, church and/or othernon-government agencies and the relevant Indigenous language, culture and historycentre for the transfer of historical and cultural information relating to thatcommunity and its members.
Recommendation 29b: That the Council of Australian Governments ensure thatIndigenous language, culture and history centres have the capacity to serve asrepositories of personal information that the individuals concerned have chosen toplace in their care and which is protected in accordance with established privacyprinciples.Access to Personal and Family RecordsAccess to Personal and Family RecordsAccess to Personal and Family Records
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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
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understanding. Indigenous children
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Nations Resolution of 1946, followe
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Article 2 states that,Everyone is e
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The Convention confirmed that genoc
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the extent to which that intention
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y Australia in July 1949, came into
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14 Making ReparationThe Government
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A human rights frameworkPrinciples
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(submission 754 page 50).The Broome
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(c) An official declaration or a ju
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There would be few Aboriginal peopl
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On behalf of our constituent nation
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It must be acknowledged that, no ma
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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 and 280: the history of forcible removal and
Page 281 and 282: 16 Access to Personal and Family Re
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: Murri academic Henrietta Fourmile m
Page 311 and 312: Royal Commission Recommendation 52
Page 313 and 314: can be kept to a minimum because of
Page 315 and 316: The SA Aboriginal Child Care Agency
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
Page 329 and 330: The need for trauma and grief couns
Page 331 and 332: worker is based at the State’s ps
Page 333 and 334: The Yorgum Aboriginal Family Counse
Page 335 and 336: When we began [in 1991], we were se
Page 337 and 338: Most States and the Northern Territ
Page 339 and 340: Territory Health Service [must] rec
Page 341 and 342: services, Aboriginal and Islander C
Page 343 and 344: It is a model that takes into accou
Page 345 and 346: There are very strong and cogent ar
Page 347 and 348: The effects of forcible removal are
Page 349 and 350: needed services. The point was clea
Page 351 and 352: Carol[Carol’s grandmother was rem
Page 353 and 354: me how to be a good mother. A year
Page 355 and 356: statements expressing understanding
Page 357 and 358: 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
Page 412 and 413:
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
Page 464 and 465:
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
Page 476 and 477:
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
Page 486 and 487:
During the early part of the twenti
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always associated with the alienati
Page 490 and 491:
Because of their high unemployment
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26 A New FrameworkAn entrenched pat
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ecognised international right of al
Page 496 and 497:
ange of possible outcomes other tha
Page 498 and 499:
Aboriginal local governing bodies r
Page 500 and 501:
submission 309, Anglican Church Soc
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matter holding instead that ‘we m
Page 504 and 505:
‘internally legitimised tribal au
Page 506 and 507:
and/or the establishment of regiona
Page 508 and 509:
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
Page 522 and 523:
Rule 8. RecordingEvery interview mu
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currently sets out four principles
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