Human Rights and Equal Opportunity Commission
Level 8 Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000
Telephone: 02 284 9600
Locked Bag A4045
Sydney South Post Office
Sydney NSW 2000
Facsimile: 02 284 9751
Enquiries: 1800 061 761 (toll free)
* INFORMATION PAPER
"The horror of a regime that took young Aboriginal children, sought to
cut them off suddenly from all contact with their families and
communities, instil in them a repugnance of all things Aboriginal, and
prepare them harshly for a life as the lowest level of worker in a
prejudiced white community, is still a living legacy amongst many
Aboriginals today."
J. H. Wooten, Report of the Inquiry into the death of Malcolm Charles Smith
Royal Commission into Aboriginal Deaths in Custody N20, AGPS, 1989, p. 20.
"I am afraid that (my wife) will cimmit sueside if the boy is not back
soon for she is good for nothing, only cry day and night ... I have as
much love for my dear wife and churldines as you have for yours ... so if
you have any feeling atole pleas send the boy back as quick as you can.
It did not take long for him to go, but it takes a long time for him to
come back."
A father, pleading with the Aborigines Department in W.A for the return
of his son, 1903.
"Now I'm back and it's like I'm whole again, although there's something
missing that will never be replaced, that nothing can replace. My people
fill it up a little bit, but there's something there, something that is like
a big hole inside that will always be there, I think, until I die ... Why
did they do it? Nobody should have the right. I mean, what gives people the
right?"
Archie Roach, in S. Rintoul "The Wailing - A National Black Oral History",
Heinemann, 1993, p. 178.
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The separation of Aboriginal and Torres Strait Islander children from
their families occurred in every state and territory in Australia. Such
policies had a varying impact on people, depending upon the state in
which they lived, and at what time, but there is hardly an Aboriginal
family that was not affected in some way. Instances have been
recorded where three generations -grandmother, mother and daughter
- have all been removed from the one family.
In New South Wales alone, it is estimated that between 1903 and 1930,
over one third of Aboriginal children were taken away. Nearly seventy
percent were girls aged between 12 and 15 years, destined for work in
the service of white families. By 1969, the N.S.W Aborigines Protection
Board had forcibly removed some ten thousand children.
The consequences have been far-reaching, and tragic. Of the 99 deaths
investigated by the Royal Commission into Aboriginal Deaths in Custody,
43 were people stolen away from their families.
These laws, policies, and practices mark one of the most shameful
periods in Australian history. A national Inquiry provides an opportunity
to reflect this history, and reveal the impact of government policies on
the lives of the "stolen generations".
A major focus of the Inquiry will be the needs and rights of Indigenous
children today.
ABOUT THE INQUIRY
The Commonwealth Attorney-General, the Hon. Michael Lavarch, has asked the
Human Rights and Equal Opportuntiy Commission to inquire into the
separation of Aboriginal and Torres Strait Islander children from their
families.
The precise terms of reference set by the Attorney-General are attached.
A report will be prepared by December 1996 covering four major issues set
out in the Attorney-General's terms of reference:
1. The past and continuing effects of separation on individuals, families
and communities. The Inquiry will depend heavily on mothers, fathers,
children, aunties and uncles telling their stories, as well as
contributions from those government and non-goverment agencies involved.
2. What should be done in response. This may entail recommendations to
change laws, policies and practices, to help people find their place, to
reunite families, or otherwise address the losses caused by separation.
3. Consider the need for, and nature of, compensation for those affected
by separation.
4. Look at current laws, policies and practices affecting the placment and
care of Indigenous children. This includes examining the welfare and
juvenile justice systems and advising on any changes in the light of the
principles of self-determination.
HOW WILL THE INQUIRY BE CONDUCTED?
The Inquiry will be conducted by the President of the Human Rights and
Equal Opportuntiy Commission, Sir Ronald Wilson, and by the Aboriginal
and Torres Strait Islander Social Justice Commissioner, Michael Dodson.
In each state and Territory, an Indigenous woman will be appointed as
Co-Commissioner.
The Inquiry secretariat, currently staffed by five people, is based in
the Sydney office of the Human Rights and Equal Opportunity Commission.
Given the highly emotional and sensitive nature of this Inquiry, it is
fundamental that Indigenous people be involved and consulted in all
aspects of the process. An Indigenous Advisory Council has been formed,
and Indigenous fieldworkers are being employed.
The Inquiry will operate on several levels:
Public Hearings
Commissioners will travel throughout the country to recieve evidence
from individuals, organisations and communities in public hearings. It is
considered crucial to the success of this Inquiry that people participate
in an atmosphere which is culturally appropriate and sensitive to their
needs, experiences and views. The hearings are intended to provide an
open forum for the public reception of information. However, hearings
are expensive and will necessarily be limited.
Hearings are scheduled for Tasmania from 4 - 15 December, Victoria
from 29 January - 9 February and South Australia from 4 - 15 March,
with the other states and territories to follow.
Private submissions
In certain circumstances, particularly where very sensitive matters are
being heard, the Commissioners will conduct hearings in private.
Written submissions
It is anticipated that written submissions will be a major source of
information and personal histories. A lot of research and collation has
already been done by Aboriginal and Torres Strait Islander communities
and organisations. It is hoped to receive this information and not
duplicate their work. Written submissions will range from individual
histories to community, government and non-government submissions
on wider questions of the law, and past and present policies and
practices.
THE INDIGENOUS ADVISORY COUNCIL
The council is comprised of representatives of Indigenous organisations
and communities, and individuals with direct experience of the matters
under Inquiry. Some members of the Council speak of separation from
direct experience, others have worked in the field of Indigenous child
welfare, in re-uniting families, or related areas. The Council's
membership is:
Brian Butler South Australia
Nigel d'Souza SNAICC (Secretariat, National Aboriginal and
Torres Strait (Islander Child Care Services)
Peter Rottimer Victoria
Margaret Ah Kee Queensland
Barbara Cummings Northern Territory
Eileen Stanton and
Floyd Churnside Western Australia
Bill Lowah Torres Strait
Carol Kendall Link-Up
Lola McNaughton Link-Up
Isabelle Coe NSW
Maureen Abbott Central Australia
Yami Lester ATSIC
Annette Peardon Tasmania
Matilda House ACT
INDIGENOUS FIELDWORKERS
The Inquiry is recruiting Indigenous fieldworkers in each state and
territory to assist the Inquiry in preparing for and conducting public
hearings, through providing on-the-ground advice and assistance in
setting up proceedings, mobilising the community to participate, and
providing follow-up service by acting as a point of contact for the
community on completion of the public hearings.
Their duties include:
Disseminating information to people, attending community meetings to
explain how public proceedings will operate, and
Providing information to the Secretariat about where and when hearings
will take place, including organising the movement of the Inquiry within
the state or territory.
ENCOURAGING CONTRIBUTIONS
Indigenous people directly affected by separation laws and policies are
the focus of this Inquiry. However, it is vital Church groups, Government
agencies and their employees (past and present), foster parents,
academics, police, welfare agencies and independent charities agree to
contribute, in order for the Inquiry to fully address the terms of
reference.
_____________________________________________________
"In the telling we assert the validity of our own experiences and we call
the silence of two hundred years a lie. And it is important for you, the
listener, because like it or not we are part of you. We have to find a way
of living together in this country, and that will only come when our
hearts, minds and wills are set toward reconciliation. It will only come
when thousands of stories have been spoken and listened to with
understanding."
Sally Morgan, in C. Edwards and P. Read (eds), The Lost Children,
Doubleday, 1989, p. vii.