Google AI


Modern Australian

The government's Stolen Generations redress scheme is piecemeal and unrealistic

  • Written by: Peter Read, Professor of History, Australian National University

This article contains mentions of the Stolen Generations, and policies using outdated and potentially offensive terminology when referring to First Nations people.

Earlier this month, the Commonwealth government announced a reparations scheme for Stolen Generations survivors in the Northern Territory, Jervis Bay and the ACT.

While well-intended, this scheme suffers from the same fatal flaw as similar schemes in other states in that not every eligible person will qualify.

Due to the government’s misplaced faith in the records of child removal policies, possibly less than half the elderly Stolen Generations survivors will qualify under the current compensation packages.

Read more: The discovery of Indigenous children's bodies in Canada is horrific, but Australia has similar tragedies it's yet to reckon with

Not the first redress scheme

Some states have already financially compensated Stolen Generations survivors with varying amounts, while others are under considerable pressure to do so.

In NSW, for instance, survivors may claim compensation if they were removed by or came into the care of the state Aboriginal administration between 1909 and 1969.

Because of the current guidelines, however, it is likely the NSW scheme will apply to fewer than half of the living Aboriginal children who were removed under separation policies.

Aboriginal community members watch the Australian government apology. Aboriginal community members watch the Australian government apology at the Redfern Community Centre in Sydney in 2008. Dean Lewins/AAP

The new reparations scheme from the government follows sustained pressure for financial compensation, including the threat of a class action lawsuit, ever since the Bringing Them Home report in 1997.

Supporters of this redress scheme may well see it as a necessary element of Closing the Gap.

Welcoming the announcement, the CEO of the Northern Territory Stolen Generations Aboriginal Corporation, Maisie Austin, asks:

What price is there to pay for children who have been institutionalised and have lost their identity, their family, their culture, their country? Some of them never met their mothers again, they’ve lost their hierarchy in their country. The main thing is, they feel like they don’t belong anywhere.

Read more: Why delaying legislation on a Voice to parliament is welcome — it allows more time to get things right

A history of stolen children

In the late 1960s, when most state agencies were winding up their punitive, Indigenous-specific acts relating to child removal, there would have been many thousands eligible to claim compensation. Now, it is almost too late because many of the original Stolen Generations have passed away without seeing justice.

Under the current scheme, no provision has been made for the intergenerational trauma endured by the children of the survivors who often suffered, and suffer still, the same crippling disadvantages outlined by Austin.

In NSW until 1969, Aboriginal children could be removed either through the Aboriginal protection and welfare acts, or under other acts, such as the Child Welfare Act 1939 (NSW), not specific to Aboriginal children.

If a child welfare inspector removed a child under the Welfare Act, Aboriginal children could be sent to non-Aboriginal institutions like Mittagong, rather than the homes established specifically for Aboriginal children at Cootamundra and Kinchela. This is because the act didn’t specify where they should go.

In these circumstances, Aboriginal children potentially might not have even known of their Indigeneity. This was a tactic used by the government to separate children from their culture for forced integration.

The consequences of this legalised sleight of hand for three of four generations of children were enormous. It’s possible more NSW Aboriginal children were removed under state welfare laws than under the Aborigines Protection Act.

Read more: Stolen wages: Northern Territory class action will hold the Commonwealth to account

Unfounded faith in records of stolen children

It seems the federal government is relying on there being records of children being taken, when this was not always the case.

Joy Janaka Williams, who famously sued the state in 2003, was removed under NSW’s 1939 Welfare Act. She would not be eligible for compensation, either. This was because she was taken under the Welfare Act, and the NSW government insists on survivors being taken under the specific Aboriginal acts to be compensated.

Services such as Link-Up provide Stolen Generations survivors with help finding their families after sometimes decades of separation. Through her work at Link-Up NSW, Lizzie May, one of the co-authors here, has heard stories of many Stolen Generation survivors who will not be eligible for compensation. These are a few:

1) there was a child whose presence at home on a school day was noticed by a housing commission officer, and within a week was taken out of school to be institutionalised, where he was abused until he left 18 months later. He is not entitled to compensation under the present scheme

2) another case was a child who was held up in a church one Sunday in a western NSW town and the congregation asked, “Who wants this beautiful black baby?” Someone took her, but no official record of her exists

3) a mother was pressured by her boyfriend into handing over her child to be cared for temporarily in a religious institution. She later found out she could never bring him home. There’s no state record of that transaction, either.

State governments need to amend the criteria to consider the plight of those Stolen Generations survivors whose histories haven’t be documented.

The latest redress scheme inches forward the long struggle for justice for the Stolen Generations. But at present, we can’t even call it a half-step forward until the federal and state governments properly review all of their files relating to Aboriginal state wards and compensate survivors properly and equally.

Authors: Peter Read, Professor of History, Australian National University

Read more https://theconversation.com/the-governments-stolen-generations-redress-scheme-is-piecemeal-and-unrealistic-165878

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...