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In my role as Acting Aboriginal and Torres Strait Islander Social Justice Commissioner I am pleased to present the sixth report regarding the enjoyment and exercise of human rights by the Aboriginal and Torres Strait Islander peoples of Australia, pursuant to section 46 of the Human Rights and Equal Opportunity Commission Act 1986.

This report presents various responses to Bringing Them Home, the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. This is not done to re-open the substance of the Inquiry, its findings or the basis of its recommendations.

The removal of the children from Wave Hill by MacRobertson Miller aircraft was accompanied by distressing scenes the like of which I wish never to experience again. The engines of the 'plane are not stopped at Wave Hill and the noise combined with the strangeness of an aircraft only accentuated the grief and fear of the children, resulting in near-hysteria in two of them. I am convinced that the news of my action at Wave Hill preceded me to other stations, resulting in the children being taken away prior to my arrival.

It has been worth it because the wider community is more aware of the issues and our history, but the opening of the old scars has been difficult. It's vital that the truth comes out, though.

You would be hard pressed to find a newspaper, television or radio station that did not make mention of Sorry Day activities and National Reconciliation events over the past week.

We must all face the truth of the past. It lives on in us. We must learn from it and deal with it, so that there may be justice, reconciliation, healing and hope for the future. We therefore recognise this crucial moment in the history of the Canberra Baptist Church as a God given opportunity for us:

Bringing Them Home - the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (the National Inquiry) - made 54 'head' recommendations, 83 recommendations in total [1], to address what was referred to as 'the continuing devastation of the lives of Indigenous Australians'. The implementation of most recommendations requires action to be taken by the Commonwealth Government and/or State or Territory Governments.

After watching all the media news on the night of May 26, and all you 'Australians' ... simply refusing to say 'I'm Sorry', I felt ashamed to be an Australian and I would like to clarify the 'Sorry' issue as I understand it.

Politicians, church leaders, community members and the local Aboriginal community gathered in Peace Park yesterday for 'Sorry Day', organised by local members of the Council for Aboriginal Reconciliation.

A national 'Sorry Day' is being observed on 26 May, 1998, exactly one year after the tabling in Federal Parliament of the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families.

We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place...

The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was discovered hanging in his cell.

That the death occured as a result of cardiorespiratory failure as a result of pneumonia from the aspiration of fluids in the chest cavity following brain damage. The deceased was found to have contributed to his death by his excessive intake of alcohol and his neglect of his own nourishment. The attending doctor at the hospital and the police forensic surgeon were also found to have acted unreasonably in relation to the transfer of the deceased from the Gippsland Base Hospital to the Sale Police Station.

The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours.

The death was the result of coronary atherosclerosis. There is no evidence which creates any suspicion that there was a causal link between the deceased being held in custody and his death.

The deceased was travelling with a friend in a car on Kloeden St, Ceduna at around 1:30am on the morning of Sunday 2 July. The car was approached by police who later stated that they were attending to a break-in in the street. The officers ran a warrant check on the pair. The friend was allowed to go but the deceased was arrested on warrants for non-payment of fines and a non-appearance on an assault police charge at Port Lincoln Courthouse, 300km from Ceduna. Following the arrest procedures the deceased was placed in the police cell complex around about 2.30am.

The deceased was serving a life sentence for murder, having been convicted on 26 April 1978. In April 1991 he was granted permission to attend the University of Tasmania to undertake a bridging course. The deceased signed an agreement which regulated his attendance at the course. He breached the agreement on 15 August 1991 when he left his authorised custodian and consumed alcohol. He was subsequently informed he would be returned to maximum security with a review of his current arrangements and classification.

The deceased and another were remanded at Giles House on charges of breaking and entering offences at Papunya. They escaped from the institution and stole a vehicle. They were joined by other youths at Charles Creek Camp. One of these youths took over the driving. He lost control of the vehicle 63 kilometres east of Papunya when trying to run over a rabbit. The deceased, who was not wearing a seatbelt, was thrown through the rear window and sustained head and other injuries.

One of the deaths in this section has now been acknowledged by the South Australian Government in its 1994/95 implementation report as a death in custody (A2SA). The prisoner in the case was 'released' from custody on his deathbed.