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Education (interim submission page 96). There is also a Community and Culture Integration Programwith the aim of maintaining, developing and restoring the cultural, community and family links ofIndigenous young people in detention (final submission page 45).
25 Underlying IssuesState and Territory legislation, programs and policies in the areas of child welfare,adoption and juvenile justice are intended to provide a non-discriminatory framework forthe administration of services. In many cases, programs are designed with the objectiveof reducing the extent of contemporary removals of Indigenous children and youngpeople. In spite of this, the over-representation of Indigenous children among childrenliving separately from their families and communities, temporarily or permanently,remains high. It must be acknowledged that there are broad social, economic and culturalcauses for continuing removals.Many submissions to the Inquiry drew attention to the need for a broad approach tounderstanding the reasons behind contemporary removals of Indigenous children andyoung people (for example, ALSWA submission 127, SNAICC submission 309, NSWAboriginal Education Consultative Group (AECG) submission 362). ‘A broad anddetailed approach is necessary because some current laws, policies and practices whichinitially may not appear relevant to the terms of reference of the National Inquiry, onclose examination, are very relevant (submission 127 page 11). These include ‘health,housing, education, employment, the legacy of historical abuse, denigration and loss ofidentity, substance abuse and despair’ (submission 127 page 337).Law, policy and practice are affected by poor socio-economic conditions whichmake Indigenous children and young people more vulnerable to removal. For example,stress factors arising from socio-economic position and demography arise in welfaredepartment interventions in all families. These factors are particularly prevalent inIndigenous families. In Queensland 12% of the population receives government benefits,51% of protective services’ clients receive benefits and 62% of Aboriginal and TorresStrait Islander protective services’ clients are in receipt of benefits. In a study of stressfactors experienced by client families in Queensland a higher percentage of Indigenousclients faced stress factors in every category. The categories with the greatest disparitybetween Indigenous and non-Indigenous clients’ experiences of stress factors aresubstance abuse (68% compared with 37%), cultural dislocation (38% compared with15%), accommodation problems (40% compared with 33%) and geographical isolation(30% compared with 20%). These stress factors also affect contact with juvenile justicesystems (Queensland Government final submission page 35).It is facile and dishonest to pretend that many of our kids don’t get into trouble … Given thecircumstances they are born into, the stack of disadvantages against them, they are not doing toobadly. Any group of young people growing up in our world, with our socio-economic profile,would act up and get into strife. Lay the veneer of history, prejudice and cultural disjuncture overtheir starting point and the problem deepens (Dodson 1995 page 26).The frustration felt by Indigenous young people can be expressed in behaviours thatare destructive to the individual and the community. To understand that behaviour it isnecessary to consider the nature of the socio-economic conditions in which Indigenouspeople live. Some factors arise from cultural difference. Others are the results of
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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
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[Thus] it will be the relevant indi
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The significance of Indigenous lang
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This recommendation extends only to
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general damages for the pain and su
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the United Nations Special Rapporte
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In relation to the compensation iss
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medical, psychological and social a
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It should be appreciated that the a
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Part 5Services for Those AffectedEm
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Inquiry to examine all services app
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governments should confine their ro
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the history of forcible removal and
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16 Access to Personal and Family Re
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Little effort has been made to iden
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What was very disturbing … was th
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through all of their files to disco
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Confidentiality provisions within t
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a former ward who was harmed or abu
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derogatory and racist language, so
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family history. Other agencies, how
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Non-discriminationThe arrangements
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Adequate resourcesThe deployment of
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implications’ of this task ‘sho
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That a consistent approach be adopt
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and access procedures so that they
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Murri academic Henrietta Fourmile m
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Recommendation 29b: That the Counci
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Royal Commission Recommendation 52
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can be kept to a minimum because of
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The SA Aboriginal Child Care Agency
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• consultation regarding record a
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operation.The funding constraints l
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States when James was six. The adop
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Confidential evidence 553, Northern
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expectations of two different cultu
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In other cases psychiatrists do not
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The need for trauma and grief couns
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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
Page 426 and 427: judges (Nicholson 1995 page 13, Coo
Page 428 and 429: without any legislative base. Howev
Page 430 and 431: The Australian Institute of Crimino
Page 432 and 433: While there are many occasions wher
Page 434 and 435: However, NSW had the highest number
Page 436 and 437: Dec 95 254 481.1 491 25.0Mar 96 276
Page 438 and 439: custody,• the Children’s Court
Page 440 and 441: In addition Indigenous people gener
Page 442 and 443: wilderness trek with several weeks
Page 444 and 445: submission pages D-26 to D-28).West
Page 446 and 447: Responses to law and order problems
Page 448 and 449: Arrests for public order offences s
Page 450 and 451: legislation. The available evidence
Page 452 and 453: also to provide greater control ove
Page 454 and 455: had high proportions of Indigenous
Page 456 and 457: alternative facilities. At times, n
Page 458 and 459: communities and show no understandi
Page 460 and 461: conferences lack specific time fram
Page 462 and 463: Similarly, when questioned about th
Page 464 and 465: Repeat offendersRecent changes to s
Page 466 and 467: justice system’ (1995 page 69).Pu
Page 468 and 469: [Significantly] contributes to on-g
Page 470 and 471: The Inquiry was repeatedly told tha
Page 472 and 473: oys will have no family visits for
Page 474 and 475: people or to reduce the levels of p
Page 478 and 479: dispossession and marginalisation -
Page 480 and 481: • the implicit or explicit interp
Page 482 and 483: their initiatives include programs
Page 484 and 485: private dwellings, of which three-q
Page 486 and 487: During the early part of the twenti
Page 488 and 489: always associated with the alienati
Page 490 and 491: Because of their high unemployment
Page 492 and 493: 26 A New FrameworkAn entrenched pat
Page 494 and 495: 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
Page 502 and 503: 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
Page 510 and 511: 3. That negotiated agreements will
Page 512 and 513: Recommendation 44: That the Council
Page 514 and 515: It is not surprising, given the exp
Page 516 and 517: inevitably face and be able to addr
Page 518 and 519: ureaucratic procedures (Homes for B
Page 520 and 521: designed for Indigenous children mu
Page 522 and 523: Rule 8. RecordingEvery interview mu
Page 524: currently sets out four principles
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