Stolen Generation Report

Report of the Stolen Generations Assessor

Stolen Generations of Aboriginal Children Act 2006

February 2008

Depar tm e n t of P r e m i e r a n d C a binet

Table of contents
1.
2.

Introduction ...................................................... 2
Context of the legislation .......................................3

2.1 historical Context ................................................................... 3 2.2 Child Welfare and adoption laws .............................. 4 2.3 education policy and procedures ................................. 5
3. The Act ......................................................................7

3.1 3.2 3.3 3.4 3.5 3.6
4. 5.

aboriginal person.................................................................................
the act increased government supervision of adoption procedures. it provided for police magistrates to make adoption orders and required that a report from the Director of social Welfare be provided regarding the proposed adoption. purely private adoptions or adoptions arranged by private adoption agencies were outlawed. Welfare policies and procedures as welfare legislation evolved so too did the state’s approach to welfare practices. in 1966, welfare records were consolidated and formalised procedures were identified to govern the work of welfare officers. Children who were under the supervision of the Department were to be visited and reported upon regularly. emphasis was placed on the careful selection of foster or institutional placements. notably, however, there was no requirement to consider the cultural background of the child and while there was a greater emphasis on placing children with their relatives, in many cases this was balanced against a view that children from socially deprived backgrounds should be discouraged from ongoing contact with their families. as a consequence, many aboriginal children were denied contact with both their immediate and broader family groupings. in many cases, this resulted in an active denial of aboriginal heritage and little or no understanding of cultural background or connections. a number of applicants advised of their
a child would normally remain a ward until they reached 18 years of age, although in some circumstances this was extended to 21 years or was for a shortened period. to be eligible under the act, the person must have been alive on 16 october 2006, have remained a child or ward of the state for a continuous period of 12 months or more, and must not have been in the care of an aboriginal family during that period. this provision prevents payments being made to children who were returned to the care of their family or another aboriginal family within 12 months of separation from their family. Category 2 applied to aboriginal people who were living at 16 october 2006, and who were removed while under the age of 18 years from their family between 1935 and 1975 as a result of the active intervention of a state government agency. as with Category 1, the child must have been removed from his or her family between 1935 and 1975 and have remained apart from their family for a continuous period of 12 months or more and must not have been in the care of an aboriginal family during that period. Under this category, the assessor must also have been satisfied that the child was removed without the approval of parents or that duress or undue influence was applied by a state agency to bring about the removal. Category 3 applied to living biological children of a