Community Guide

Community Guide
A community guide to the findings and recommendations of the National Inquiry into the separation of
Aboriginal and Torres Strait Islander Children From Their Families

Cover photograph: ‘Story Time’ © Heide Smith, 1996.

We may go home, but we cannot relive our childhoods. We may reunite with our mothers, fathers, sisters, brothers, aunties, uncles,
communities, but we cannot relive the 20, 30, 40 years that we spent without their love and care, and they cannot undo the grief and
mourning they felt when we were separated from them. We can go home to ourselves as Aboriginals, but this does not erase the attacks
inflicted on our hearts, minds, bodies and souls, by caretakers who thought their mission was to eliminate us as Aboriginals.
Link-Up (NSW)

This report is dedicated to the generations of Aboriginal children taken from their families and communities, who are still searching
for home, and to the memory of the children who will never return. It is dedicated to the mothers, fathers and families of the
‘stolen generations’.To those who told their stories to the Inquiry, we extend our deep thanks and admiration for finding the
courage and strength to bear witness.
This guide provides a summary of the major themes, findings and recommendations of the National Inquiry into the Separation of
Aboriginal and Torres Strait Islander Children from Their Families.

Quotes in this guide appear in italics. However all references can be found in the full report where details of the witness or author
are provided.
The full report is available at:
http://www.humanrights.gov.au/social_justice/bth_report/report/index.html
© Human Rights and Equal Opportunity Commission, 2007. www.humanrights.gov.au/bth

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Contents
Overview .......................................................................................................................................................................................................................................2
Terms of Reference (a):Tracing the history of laws, policies and practices............................................................................................3
Effects of laws and policies - the children’s experiences ...................................................................................................................................6
Terms of Reference (b): Access to the journey home .......................................................................................................................................8
Terms of Reference (c): Legal grounds for reparation.....................................................................................................................................10
Terms of Reference (d): Removal of children today .........................................................................................................................................12
Recommendations.................................................................................................................................................................................................................12

Overview
Indigenous children have been forcibly removed from their families and communities since the very first days of the European
occupation of Australia.
In that time, not one Indigenous family has escaped the effects. Most families have been affected in one or more generations by the
removal of one or more children. Nationally, the Inquiry concludes that between one in three and one in ten Indigenous children
were forcibly removed from their families and communities between 1910 and 1970.
The National Inquiry was established by the federal Attorney General in 1995. It was conducted by the Human Rights and Equal
Opportunity Commission (HREOC).
The Inquiry visited every state and territory capital and most regions of Australia, from Cape Barren Island in the south to the
Torres Strait and the Kimberley in the north. Limited resources meant the Inquiry could not travel to every centre.
The Inquiry took evidence in public and private sittings from Indigenous people, government and church representatives, former
mission staff, foster and adoptive parents, doctors and health professionals, academics, police and others. People also made written
submissions. Most hearings were conducted by former HREOC President, Sir Ronald Wilson, and the former Aboriginal and Torres
Strait Islander Social Justice Commissioner, Mick Dodson.
In each region an Indigenous Commissioner was appointed to assist with the hearings. An Indigenous Advisory Council, with
representatives from every major region, also assisted the Inquiry.

Terms of Reference
I, MICHAEL LAVARCH Attorney General of Australia, HAVING REGARD TO the Australian Government’s human rights, social justice and access and equity policies
in pursuance of section 11(1)(e), (j), and (k) of the Human Rights and Equal Opportunity Commission Act 1986, HEREBY REVOKE THE REQUEST MADE ON 11
MAY 1995 AND NOW REQUEST the Human Rights and Equal Opportunity Commission to inquire into and report on the following matters:
To:
(a) trace the past laws, practices and policies which resulted in the separation of Aboriginal and Torres Strait Islander children from their families by compulsion,
duress or undue influence, and the effects of those laws, practices and policies;
(b) examine the adequacy of and the need for any changes in current laws, practices and policies relating to services and procedures currently available to those
Aboriginal and Islander peoples who were affected by the separation under compulsion, duress or undue influence of Aboriginal and Torres Strait Islander
children from their families, including but not limited to current laws, practices and policies relating to access to individual and family records and to
other forms of assistance towards locating and re-unifying families;
(c) examine the principles relevant to determining the justification for compensation for persons or communities affected by such separation;
(d) examine current laws, practices and policies with respect to the placement and care of Aboriginal and Torres Strait Islander children and
advise on any changes required taking into account the principle of self-determination by Aboriginal and Torres Strait Islander peoples.

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Terms of Reference (a):

Tracing the history of laws, policies and practices
This time line provides a brief outline of the laws, practices and policies of forcible removal and some of the context in which they
were developed (until the Inquiry was submitted in 1997).
A more detailed account of the history can be found in the Bringing them home report, and in the education materials at
www.humanrights.gov.au/education/bth/index.html

45 000 years ago were charged with murder but are acquitted. A new trial is
held and seven men are charged with the murder of one
Rock engravings in South Australia suggest evidence of land Aboriginal child.They are found guilty and hanged.
inhabitancy.
1869
1451 The Aborigines Protection Act (Vic) establishes an Aborigines
Dutch explorers record the journeys of Macassan Trepangers Protection Board in Victoria to manage the interests of
(indigenous traders from Indonesia) to northern Australia.Trade Aborigines.The Governor can order the removal of any
between the Macassans and Aborigines continues until 1906. Aboriginal child from their family to a reformatory or industrial
school.

1770
1883
James Cook claims possession of the whole east coast of
Australia. Cook raises the British flag at Possession Island, off The NSW Aborigines Protection Board is established to
Cape York Peninsula in Queensland. manage the lives of 9,000 people.

1788 1897
The First Fleet lands in Port Jackson - British settlement in The Aboriginal Protection and Restriction of the Sale of Opium
Australia begins. Clashes between Aboriginal people and the Act (Qld) allows the Chief Protector to remove local
settlers are reported over the next 10 years in the Aboriginal people onto and between reserves and hold
Parramatta and Hawkesbury areas. children in dormitories. Until 1965 the Director of Native
Welfare is the legal guardian of all aboriginal children whether
their parents are living or not.
1814
Governor Macquarie opens a school for Aboriginal children at 1901
Parramatta called the 'Native Institution'.
Australia becomes a Federation.The Constitution states that
Aboriginal People will not be counted in the census, and that
1830 the Commonwealth has the power to make laws relating to
any race of people in Australia with the exception of
Tasmanian Aboriginal people are resettled on Flinders Island
Aborigines.The federated states therefore retain exclusive
without success. Later, the community is moved to Cape
power over Aboriginal affairs until the Constitution is
Barren Island.
amended in 1967.

1837 1905
British Select Committee examines the treatment of
The Aborigines Act (WA) is passed. Under this law, the
indigenous peoples in all British colonies and recommends
Chief Protector is made the legal guardian of every
that 'Protectors of Aborigines' be appointed in Australia.
Aboriginal and 'half-caste' child under 16 years
old. In the following years, other states and
1838 territories enact similar laws.

Myall Creek Massacre: Near Inverell (NSW), settlers shoot 28

Aboriginal people, mostly women and children. 11 Europeans

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1909 1938
The Aborigines Protection Act (NSW) gives the Aborigines Australian Aborigines Conference held in Sydney. Meeting on
Protection Board power ‘to assume full control and custody January 26, the 150th Anniversary of NSW, Aborigines mark
of the child of Aborigine’ if a court found the child to be the 'Day of Mourning'.
neglected under the Neglected Children and Juvenile
Offenders Act 1905 (NSW). 1948
The Universal Declaration of Human Rights is adopted by
1911 the newly-formed United Nations, and supported by
The Aborigines Act (SA) makes the Chief Protector the legal Australia.
guardian of every Aboriginal and `half-caste' child with
additional wide-ranging powers to remove Indigenous people 1949
to and from reserves. The Convention on the Prevention and Punishment of the
The Northern Territory Aboriginals Ordinance (Cth) gives the Crime of Genocide is ratified by Australia. It comes into force
Chief Protector powers to assume `the care, custody or in 1951.
control of any Aboriginal or half caste if in his opinion it is
necessary or desirable in the interests of the Aboriginal or 1967
half caste for him to do so'.The Aborigines Ordinance 1918 A national referendum is held to amend the Constitution.
(Cth) extends the Chief Protector’s control even further. Australians confer power on the Commonwealth to make
laws for Aboriginal people. Aborigines are included in the
1928 census for the first time.
Coniston Massacre, Northern Territory. Europeans shoot 32
Aborigines after a white dingo trapper and station owner are 1969
attacked by Aboriginals. A court of inquiry says the By 1969, all states had repealed the legislation allowing for
European’s action was ‘justified'. the removal of Aboriginal children under the policy of
‘protection’. In the following years, Aboriginal and Islander
1935 Child Care Agencies ("AICCAs") are set up to contest
The Infants Welfare Act (Tas) is used to remove Indigenous removal applications and provide alternatives to the removal
children on Cape Barren Island from their families. From of Indigenous children from their families.
1928 until 1980 the head teacher on Cape Barren is
appointed as a special constable with the powers and 1975
responsibilities of a police constable, including the power to The Commonwealth Government passes the Racial
remove a child for neglect under child welfare legislation. Discrimination Act 1975.

1937 1976
The first Commonwealth / State conference on 'native The Aboriginal Land Rights (Northern Territory) Act is
welfare' adopts assimilation as the national policy:The destiny passed by Commonwealth Parliament in 1976. It provides
of the natives of aboriginal origin, but not of the full blood, recognition of Aboriginal land ownership, granting land rights
lies in ultimate absorption … with a view to their taking their to 11,000 Aboriginal people and enabling other Aboriginal
place in the white community on an equal footing with the people to lodge a claim for recognition of traditional
whites. ownership of their lands.
In 1951, at the third Commonwealth / State Conference on
'native welfare', assimilation is affirmed as the aim of 'native 1980
welfare' measures. Link-Up (NSW) Aboriginal Corporation is
established. It is followed by Link-Up

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(Brisbane) in 1984, Link-Up (Darwin) in 1989, Link-Up (Tas)

1992
in 1991, Link-Up (Vic) in 1992, Link-Up (SA) in 1999, Link-Up
(Alice Springs) in 2000, and Link-Up (WA- seven sites) in The High Court of Australia hands down its landmark
2001. Link-Up provides family tracing, reunion and support decision in Mabo v Queensland. It decides that native title
for forcibly removed children and their families. exists over particular kinds of lands – unalienated Crown
Lands, national parks and reserves - and that Australia was
1981 never terra nullius or empty land.

Secretariat of the National Aboriginal and Islander Child Care

1993
(SNAICC) established. SNAICC represents the interests on a
national level of Australia's 100 or so Indigenous community- International Year of Indigenous People.
controlled children's service organisations. The Commonwealth Government passes the Native Title Act
1993.This law allows Indigenous people to make land claims
1983 under certain situations. Claims cannot be made on freehold
The Aboriginal Child Placement Principle, developed land (privately-owned land).
principally due to the efforts of Aboriginal and Islander Child The position of Aboriginal and Torres Strait Islander Social
Care Agencies ("AICCAs") during the 1970s, is incorporated Justice Commissioner is established within the Human Rights
in NT welfare legislation to ensure that Indigenous children and Equal Opportunity Commission (HREOC).The
are placed with Indigenous families when adoption or Commissioner's role is to monitor and report to the
fostering is necessary.This is followed in NSW (1987), Commonwealth Parliament on the human rights of
Victoria (1989), South Australia (1993), Queensland and the Indigenous Australians.
ACT (1999),Tasmania (2000) and Western Australia (2006).
1994
1987 The Going Home Conference in Darwin brings together
Northern Territory elections are held and for the first time over 600 Aboriginal people removed as children to discuss
voting is compulsory for Aboriginal people. common goals of access to archives, compensation, rights to
land and social justice.
1988
The Bicentennial of British Settlement in Australia takes place. 1995
Thousands of Indigenous people and supporters march The National Inquiry into the Separation of Aboriginal and
through the streets of Sydney to celebrate cultural and Torres Strait Islander Children from Their Families is
physical survival. established by the Commonwealth Government in response
to efforts made by key Indigenous agencies and communities.
1991
The Council for Aboriginal Reconciliation is set up, funded by 1996
the Commonwealth Government. Parliament noted that The High Court hands down its decision in the Wik Case
there had not been a formal process of reconciliation to concerning land which is, or has been, subject to pastoral
date, 'and that it was most desirable that there be such a leases.
reconciliation’ by 2001.

The Royal Commission into Aboriginal Deaths in Custody 1997

presents its report to the Commonwealth Government. It HREOC presents Bringing them home, its report on the
finds that of the 99 deaths it investigated, 43 were of people findings of the National Inquiry into the Separation
who were separated from their families as children. of Aboriginal and Torres Strait Islander Children
from Their Families, to the Commonwealth
Government.

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Effects of laws and policies - the children’s

experiences
Children could be put into an institution or mission dormitory, fostered or adopted. Many children were fostered or adopted
after spending time in a children’s home. Many spent time in more than one institution or foster family. Later many were sent
out to work. Some moved from institution or foster family to detention centre or psychiatric hospital. More than half (56%) the
people who gave evidence to the Inquiry had experienced multiple placements following their removal.

They were discouraged from heritage transferred that contempt to themselves.

family contact We were told that our mother was an alcoholic and that she
was a prostitute and she didn’t care about us. They used to
The Inquiry found ‘assimilation’ was rigorously pursued by
warn us that when we got older we’d have to watch it because
most authorities and by non-Indigenous foster and adoptive
we’d turn into sluts and alcoholics, so we had to be very
families. In particular, children and their families were
careful. If you were white you didn’t have that dirtiness in you ...
discouraged or prevented from contacting each other.
It was in our breed, in us to be like that.
One of the girls was doing Matron’s office, and there was all
these letters that the girls had written back to the parents and I didn’t know any Aboriginal people at all, none at all. I was
family — the answers were all in the garbage bin. And they placed in a white family and I was just — I was white. I never
were wondering why we didn’t write. That was one way they knew, I never accepted myself to being a black person until —
stopped us keeping in contact with our families. Then they had I don’t know if you ever really do accept yourself as being ...
the hide to turn around and say, ‘They don’t love you. They How can you be proud of being Aboriginal after all the
don’t care about you’. humiliation and the anger and the hatred you have? It’s
unbelievable how much you can hold inside.
When my mum passed away I went to her funeral, which is
stupid because I’m allowed to go see her at her funeral but I
Institutional conditions were very
couldn’t have that when she requested me. They wouldn’t let
me have her. harsh
The Inquiry found that many children were told they were The Inquiry found that the conditions of missions,
unwanted, rejected or their parents were dead, when this government institutions and children’s homes were often
was not true. very poor. Resources were insufficient to improve them, or
keep children properly clothed, fed and sheltered.
I remember this woman saying to me, ‘Your mother’s dead,
you’ve got no mother now. That’s why you’re here with us’. Then There was no food, nothing. We was all huddled up in a room
about two years after that my mother and my mother’s sister like a little puppy dog on the floor. Sometimes at night we’d cry
came to The Bungalow but they weren’t allowed to visit us with hunger. We had to scrounge in the town dump, eating old
because they were black. bread, smashing tomato sauce bottles, licking them. Half of the
time the food we got was from the rubbish dump.
We were transferred to the State Children’s Orphanage in
1958. Olive [aged 6 weeks] was taken elsewhere — Mr L Institutional regimes were often very strict, with severe
telling me several days later that she was admitted to hospital punishments for breaking the rules.
where she died from meningitis. In 1984, assisted by Link Up
(Qld), my sister Judy discovered that Olive had not died but Education was often very basic
rather had been fostered. Her name was changed. The Inquiry found that the education provided in
Indigenous children’s institutions was essentially a
They were taught to reject Aborigines preparation for menial labour. However, the
and Aboriginality promise of a good education was often the
The Inquiry found many witnesses were taught to feel inducement for parents to relinquish their
contempt for Aborigines.Those who knew their own children to the authorities.

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I don’t know who decided to educate the Aboriginal people but in a work placement organised by the Protection Board or
the standard was low in those mission areas. I started school at institution.
the age of eight at grade one, no pre-school. I attended school for
There was tampering with the boys ... the people who would come
six years, the sixth year we attended grade 4, then after that we
in to work with the children, they would grab the boys’ penises,
left school, probably 14 years old.
play around with them and kiss them and things like this. These
I wanted to be a nurse, only to be told that I was nothing but an were the things that were done ... It was seen to be the white
immoral black lubra, and I was only fit to work on cattle and man’s way of lookin’ after you. It never happened with an
sheep properties. Aboriginal.

I ran away because my foster father used to tamper with me and

Many never received wages I’d just had enough. I went to the police but they didn’t believe me.
The Inquiry found that children placed in work by the So she [foster mother] just thought I was a wild child and she put
authorities were not entitl ed or trusted to receive their me in one of those hostels and none of them believed me — I
wages.These were supposed to be held in trust, but many was the liar. So I’ve never talked about it to anyone. I don’t go
never received the money that was rightfully theirs. about telling lies, especially big lies like that.
We never, ever got our wages. It was banked for us. And when we
were 21 we were supposed to get this money. We never got any Authorities failed to care for and
of that money ever. And that’s what I wonder: where could that protect the children
money have went? Or why didn’t we get it? The Inquiry found that welfare officials failed in their duty to
protect Indigenous wards from these abuses, often in the very
Excessive physical punishments were placements they had organised.
common My sister saw our welfare officer when she was grown up and he
Many witnesses told the Inquiry of being physically assaulted told her that he’d always thought our [foster] house was
and brutally punished in placements.These children were most abnormal. He thought us kids were abnormal. He thought we
at risk of this treatment in foster or adoptive families. Almost a were like robots, we had to look at her before we said anything.
quarter (23.4%) of witnesses to the Inquiry who were When an officer comes along they’re supposed to talk to you on
fostered or adopted reported being assaulted there. One in your own. Our foster mother insisted that she had to be in the
six children who were institutionalised reported physical room because they could sexually assault us while she was out of
assault and punishments. the room, so she wasn’t going to allow it. Being the minister’s wife,
WA Chief Protector, A.O. Neville found it necessary to ban they agreed that she was allowed to sit there. So we never had
‘degrading and injurious punishments and the practice of the chance to complain. Welfare never gave us a chance.
holding inmates up to ridicule, such as dressing them in old
sacks or shaving girls’ heads’. A NSW superintendent was told Some found happiness
‘that on no account must he tie a boy up to a fence or tree, Some witnesses to the Inquiry spoke of finding affection and
that such instruments as lengths of hosepipe or a stockwhip happiness in their adoptive family or, more rarely, in a children’s
must not be used, that no dietary punishments shall be home.The Inquiry found that the bonds permitted in these
inflicted’. more enlightened placements went some way to overcoming
the many other damaging effects for Indigenous children.
Dormitory life was like living in hell. It was not a life. The only
things that sort of come out of it was how to work, how to be We were all happy together, us kids. We had two very wonderful
clean, you know and hygiene. That sort of thing. But we got a lot of old ladies that looked after us. It [Colebrook, South Australia]
bashings. wasn’t like an institution really. It was just a big happy family.
Y’know they gave us good teaching, they encouraged us to
The children were at risk of sexual abuse be no different to anybody else.
Sexual abuse was reported to the Inquiry by one in five
people who were fostered and one in ten people who were
institutionalised. One in ten alleged they were sexually abused

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Terms of Reference (b):

Access to the journey home
Going home is fundamental to healing the effects of separation. Going home means finding out who you are as an Aboriginal: where
you come from, who your people are, where your belonging place is, what your identity is. Going home is fundamental to the healing
processes of those who were taken away as well as those who were left behind
— Link-Up (NSW).

The Inquiry found people have many reasons why they really nice. And then suddenly there was all these brothers
need to trace their families. Reunion is important at the coming out of the woodwork. I didn’t know I had any siblings.
very least for discovering information about health and And uncles and aunts and cousins. Suddenly everyone was
inherited illnesses and for developing intimate relationships. coming around to meet me.
When I was 20 years old I was reunited with my mother for
A complex emotional journey with an the first time shortly before she died. I suppose I had a natural
uncertain outcome curiosity to meet and know her. I had an urge to see my
The Inquiry was told many separated children will never go mother and when I met her she said, ‘I knew you’d come’. I
home.The pathways have been lost; parents and families didn’t know at this stage I was Aboriginal. My mother was the
have died. Language barriers can inhibit reunions. People first Tasmanian Aboriginal person I had met. A few of my natural
whose Aboriginality was denigrated in childhood may not siblings were with her. I still haven’t met some of my natural
want to admit to it.Those who do go home experience a siblings.
variety of emotions including anxiety and fear. The Inquiry found that an unknown number of Indigenous
I’ve seen the old lady four times in my life. She’s 86 years old. children were taken overseas by foster or adoptive families.
We were sitting on the bench [the first time]. I said, ‘I’m your For them, locating family and re-establishing links are
son’. ‘Oh’, she said, and her eyes just sparkled. Then a second particularly difficult, if not impossible.The importance of
later she said, ‘You’re not my son’. Well mate, the blinking pain. doing so is likely to be as great for them as for people living
Didn’t recognise me. The last time she saw me I was three in Australia.
years old.
I went to Link-Up who found my family had all died except one
Responses from churches and
sister. I was lucky enough to spend two weeks with her before
governments
she died. She told me how my family fretted and cried when I The Inquiry investigated and made recommendations on
was taken away. They also never gave up hope of seeing me three ways governments could assist people affected by
again. forcible removal:

The Inquiry was told some reunions are unsupported, with [ giving people access to their personal files and
inadequate preparation or counselling for either party. Some information recorded about their families;
witnesses spoke of rejection by the community. [ funding family tracing and reunion services like Link Up;
I’ve received a lot of hostility from other Aboriginal people. [ funding Indigenous mental health programs dealing with
They’re my own relatives and they really hurt me because ... grief and loss, parenting and families, and the other
they have a go at me and say that I don’t even know my own effects of forcible removal.
relatives, and that I should; that I’ve got nothing in common with
them. The damage is all done and I can’t seem to get close to Access to personal and family records
any of them. The Inquiry found that most people have access to their
Some witnesses returned to families still grieving their loss own files but there are many difficulties:
and awaiting their return. [ finding the file itself;
It was this kind of instant recognition. I looked like her, you [ some files have been lost or destroyed;
know? It was really nice. She just kind of ran up to me and [ different departments have different
threw her arms around me and gave me a hug and that was rules;

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[ there may be a fee; should go to community based prevention services that

take a holistic view of health and a cultural perspective
[ the waiting time can be lengthy; and
on health and well-being of the whole family and
[ church records are hard to access.
community. Where specialists are needed they should
The Inquiry recommended the process of accessing work in partnership with Indigenous healers.
personal and family records should be easier and more The Inquiry recommended that all those who work
straightforward.There should be a Family Information with Indigenous people - doctors, police, judges,
Service in every state and territory for Aboriginal and magistrates, social workers – be properly trained.Their
Torres Strait Island people.The guidelines for access should training must include information about the history of
be developed by a state or territory taskforce with forcible removal and the effects of forcible removal on
government, church and Indigenous agency representatives. children, families and communities.This is a prerequisite
The Inquiry found that many people need counselling when for the provision of good services to Indigenous
they read their files.The Inquiry recommended Indigenous communities. Family tracing and reunion services and
community-based family tracing and reunion services be Aboriginal and Islander Child Care Agencies are
established in each region and funded to meet all the needs appropriate organisations to provide this training.
of clients for as long as they need it. The Inquiry recommended that these services employ
There are a lot of untrue things about me on those files. I have Indigenous people. Indigenous people should be trained
cried about the lies on those files. There’s letters written there and culturally appropriate Indigenous trainers should be
in my handwriting and I go berserk, I can’t handle it. I can’t go employed. Scholarships and traineeships should be set
near them because I see my handwritten letters there as a up by governments for Indigenous people to become
little kid.You know, ‘May I see my brothers and sisters? I haven’t healers, health workers, genealogists, archivists,
seen them for a long time. They’re dear to my heart’. ‘Do you researchers and counsellors.
know where my mum is? Can I please see my dad?’ There’s
letters written back by them that my behaviour didn’t warrant The roles of churches and missions
visits. There’s letters there saying that if I didn’t improve my The Inquiry found churches played a major role in
behaviour that I would not be able to be with my brothers and forcible removals by providing accommodation and
sisters and that I would never see my parents again. other services to the children in line with government
The Inquiry recommended that counselling and support policy.
should be made available through Indigenous family tracing With hindsight, we recognise that our provision of services
and reunion services. enabled these policies to be implemented. We sincerely
and deeply regret any hurt, however unwittingly caused, to
The Inquiry found that most mental any child in our care.
health services are inappropriate for – The Daughters of Our Lady of the Sacred Heart
Indigenous people’s needs: Australian Province.
[ Indigenous people view mental health differently to In addition to acknowledging and apologising for their
non- Indigenous people; roles, the Inquiry recommended that churches can help
[ non-Indigenous doctors and nurses often lack now by:
understanding of Aboriginal or Islander culture;
[ providing access to the personal and family records
[ social and community wellbeing is often ignored;
they hold;
[ rural and remote communities don’t get the same
services as cities and towns; and
[ providing or supporting culturally appropriate
counselling services; and
[ too many Indigenous people end up in mental hospitals
or prison. Prevention and intervention are required.
[ returning mission and institution land to
Indigenous people.
The Inquiry recommended the focus should change
from the individual who seems to be suffering mental
illnesses to the needs of the whole community. Funding

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Terms of Reference (c):

Legal grounds for reparation
Lots of white kids do get taken away, but that’s for a reason — not like us. We just got taken away because we was black kids, I
suppose — half-caste kids. If they wouldn’t like it, they shouldn’t do it to Aboriginal families.

A gross violation of human rights In WA (1905-1954), NT (1911-1964), NSW (1915-1940), SA

(1911-1923) and Queensland (1897-1965) Indigenous children
The Inquiry concluded that the forcible removal of Indigenous
could be taken without a court order.
children was a gross violation of their human rights. It was
racially discriminatory and continued after But Australian law applying to non-Indigenous families required a
court finding of ‘neglect’, ‘destitution’ or ‘uncontrollability’ before
Australia, as a member of the United Nations from 1945,
a child could be removed into State care.
committed itself to abolish racial discrimination.
In WA, SA, NT and Queensland most Indigenous parents lost
The Inquiry found that by the early 1950s, the international
their guardianship rights because the law made the Protector or
prohibition of racial discrimination of the kind to which
Protection Board the legal guardian of their children. But under
Indigenous families and children were subjected was well-
British and Australian law, non-Indigenous parents were the full
recognised, even in Australia.
guardians of their children unless a court transferred
guardianship to the State.
An act of genocide
The Inquiry concluded that forcible removal was an act of The authorities failed in their duties to
genocide contrary to the Convention on Genocide ratified by
Australia in 1949.The Convention on Genocide specifically
many children
includes ‘forcibly transferring children of [a] group to another The Inquiry found that many forcibly removed children had
group’ with the intention of destroying the group. harrowing experiences in mission dormitories, childrens homes,
group homes and foster families. Many were denied proper care
Genocide is not only the mass killing of a people.The essence of and education, contrary to the legal responsibilities of the
genocide is acting with the intention to destroy the group, not authorities at the time.The Inquiry concluded that, by causing
the extent to which that intention has been achieved. A major harm and allowing the children to be harmed and abused, the
intention of forcibly removing Indigenous children was to Protection Board or Native Welfare breached its legal duty to
‘absorb’, ‘merge’ or ‘assimilate’ them, so Aborigines as a distinct look after them properly.
group would disappear. Authorities sincerely believed
assimilation would be in the ‘best interests’ of the children, but And for them to say Mum neglected us! I was neglected when I was
this is irrelevant to a finding that their actions were genocidal. in this government joint down here. I didn’t end up 15 days in a
hospital bed when I was with me Mum and Dad.
A denial of legal rights
The Inquiry concluded that even before international human
The right response is reparations
rights law developed in the 1940s the treatment of Indigenous The Inquiry concluded forcible removal involved human rights
people breached Australian legal standards. Indigenous families breaches and the denial of common law protections to
were entitled to expect the protection of the British common Indigenous families and children. Governments have a
law imported into Australia. responsibility to respond with ‘reparation’ to those affected.

Two relevant legal principles were denied on racial grounds to ‘Reparation’ is the appropriate response to gross violations of
Indigenous families.These principles grew from the common human rights. According to international legal principles,
law’s respect for personal and family liberty and parental rights. reparation has five parts:
1. acknowledgment of the truth and an apology;
The first was that children should not be removed from their
parents unless a court makes that decision.The court order 2. guarantees that these human rights won’t be
must be based on evidence proving removal is in the best breached again;
interests of the child.The second principle was that parents are 3. returning what has been lost as much as
the legal guardians of their children unless a court orders possible
otherwise in the interests of the child. (known as restitution);
The legal guardian has the right to decide where the children 4. rehabilitation; and
will live and how they will be educated and raised. 5. compensation.

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 Community Guide

The Government has to explain why it happened. What was the 5. Going home to country
intention? I have to know why I was taken. I have to know why I Family reunion workers should have enough funds to help
was given the life I was given and why I’m scarred today. Why people go home to their country and to tell their
was my Mum meant to suffer? Why was I made to suffer with no communities about the history of forcible removal and its
Aboriginality and no identity, no culture? Why did they think that effects.
the life they gave me was better than the one my Mum would
give me?
6. Learning the language and culture again
And an apology is important because I’ve never been apologised Language, culture and history centres should be established in
to. My mother’s never been apologised to, not once, and I would each region to teach the separated children and their
like to be apologised to. descendants their language and to teach the history to
Thirdly, I’ve been a victim and I’ve suffered and I’ll suffer until the everyone.
day I die for what I’ve never had and what I can never have. I just
have to get on with my life but compensation would help. It 7. Identification
doesn’t take the pain away. It doesn’t take the suffering away. It
Indigenous organisations which help people find their families
doesn’t take the memories away. It doesn’t bring my mother
should be able to certify a person is of Aboriginal or Torres
back. But it has to be recognised.
Strait Islander descent and is accepted as Aboriginal or Torres
And I shouldn’t forget counselling. I’ve had to counsel myself all Strait Islander by the organisation.
my life from a very young age. And in the homes I never showed
my tears ... I’ve been told that I need to talk about my childhood. I 8. Compensation
need to be counselled for me to get on with my life.
A person who was a forcibly removed child should get a lump
sum amount for compensation unless the removal was
Reparation should be made to everyone justifiable.
affected The Inquiry did not decide how much that should be. In
The Inquiry determined everyone affected by forcible addition to the lump sum, anyone who can prove harm
removals should be entitled to reparation.Those affected caused by forcible removal (of themselves or a child or a
include the children who were forcibly removed, their families, parent) should be compensated for that harm on the grounds
communities, children and grandchildren. of:
● racial discrimination;
Recommendations for making reparation ● arbitrary deprivation of liberty;
● pain and suffering;
1. Recording testimonies
● abuse;
Australian governments should ensure the adequate funding
● disruption of family life;
of appropriate Indigenous agencies to record, preserve and
● loss of cultural rights and fulfilment;
administer access to the testimonies of people affected by
● loss of native title rights;
forcible removal, who wish to provide their histories in
● labour exploitation;
written, audio or audio-visual form.
● economic loss;
2. Acknowledgement and apology ● loss of opportunities.

Australian parliaments, police forces and churches should

acknowledge their responsibility and apologise to everyone 9. National Compensation Fund
affected by forcible removal.
Australian governments should establish a National
3. Commemoration Compensation Fund so people don’t have to go to court to
be compensated for the wrongs done to them. A Board
There should be a national Sorry Day for the children and
their families and ATSIC should coordinate other should be set up to administer the fund, made up of
commemorations in local and regional areas. Indigenous and non-Indigenous people and chaired by an
Indigenous person.The Board should not be legalistic
4. Public education or formal, but culturally appropriate and accessible
Everybody — including primary and secondary school to all Indigenous people.
children, judges, doctors, police and other decision-makers —
should be told about the history of forcible removal and the
continuing effects on families, communities and the next
generation.
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 Community Guide

Terms of Reference (d):

Removal of children today
The Inquiry found that entrenched disadvantage and The Inquiry found that some communities may want
dispossession mean the removal of Indigenous children control of the child welfare and juvenile justice systems
continues today. Indigenous children are six times more themselves — the transfer of legal powers should be
likely to be removed for child welfare reasons and 21 times possible.
more likely for juvenile justice detention, than non-
Other communities may want to share powers with the
Indigenous children.
state or territory. Others may want organisations or
In child welfare, Indigenous children are more likely than community councils to make certain decisions.Yet others
non- Indigenous children to be removed on the ground of may want to be responsible for community-based
‘neglect’ rather than ‘abuse’. Often Indigenous parenting sentences for juvenile offenders.The range of choices is
styles are wrongly seen as the cause. wide and every community should be assisted to choose
what is right for itself.
Aboriginal families continue to be seen as the ‘problem’, and
Aboriginal children continue to be seen as potentially ‘saveable’ The Inquiry recommended that the social justice
if they can be separated from the ‘dysfunctional’ or ‘culturally recommendations of the Royal Commission into Aboriginal
deprived’ environments of their families and communities. Non- Deaths in Custody should be implemented and the
Aboriginals continue to feel that Aboriginal adults are ‘hopeless’ Commonwealth Government should adopt a social justice
and cannot be changed, but Aboriginal children ‘have a chance’ package for children and families.
— Link-Up (NSW).
Minimum standards for states and
The Inquiry found that there are many reasons for the
continuing high removal rates of Indigenous children. territories
Indigenous young people come into conflict with the law For those Indigenous children and young people who
due to policing and the administration of justice. Indigenous remain under the jurisdiction of the state or territory, the
families and communities live in poverty, are provided with Inquiry recommended changes should be made. All
inadequate and usually inappropriate services and do not governments should work with ATSIC, SNAICC, NAILSS
have decision-making power about the services they and the Aboriginal and Torres Strait Islander Social Justice
receive, particularly about how children and young people Commissioner to finalise these changes in law, policy and
are dealt with. practice.The Inquiry recommended some minimum
The Inquiry found that Indigenous young people who come ‘standards’ and ‘rules’. Accredited Indigenous organisations
into contact with the child welfare system are more likely should play a major role in setting and implementing the
to come into contact with the juvenile justice system.Those standards and rules.The process for accrediting
who do often don’t receive equal treatment before the law. organisations will also need to be negotiated.
Indigenous young people generally receive harsher These ‘standards’ and ‘rules’ are reproduced in detail under
sentences than non-Indigenous youth, particularly when Recommendations.
being sentenced to detention.

Self-determination and social justice

are the keys Recommendations
The Inquiry recommended that self-determination should For a complete list of the 54 recommendations made by
be recognised for all Indigenous communities. the Human Rights and Equal Opportunity Commission in
Commonwealth, state and territory governments should the Bringing them home report, see
work with ATSIC, SNAICC, the National Aboriginal and http://www.humanrights.gov.au/social_justice/bth_report/rep
Islander Legal Service Secretariat (NAILSS) and the ort/appendices_9.html
Aboriginal and Torres Strait Islander Social Justice
Commissioner to draft legislation setting out a framework
for negotiating regional or local agreements on self-
determination about children and families.

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