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Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage of Indigenous children in long-term foster care live with non-Indigenous carers.

Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as their own and partly because of the stigma of illegitimacy which typically attached to adopted children.

Family law plays a role in the `placement and care' of Indigenous children when parenting disputes come before the Family Court of Australia (except in WA where the State Family Court deals with all family law matters) or those lower courts, presided over by magistrates, which have power to deal with them. The parents do not have to be married: children born outside marriage are treated in the same way as children born within a marriage.

The most distressing aspect about the level of juvenile justice intrusion in the lives of young Aboriginal and Torres Strait Islander people is the fact that entry into the system is usually the start of a long career of incarceration for many (SNAICC submission 309 page 28).

State and Territory legislation, programs and policies in the areas of child welfare, adoption and juvenile justice are intended to provide a non-discriminatory framework for the administration of services. In many cases, programs are designed with the objective of reducing the extent of contemporary removals of Indigenous children and young people. In spite of this, the over-representation of Indigenous children among children living separately from their families and communities, temporarily or permanently, remains high.

An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria established by the Inquiry (see Chapter 15).

Human Rights and Equal Opportunity Commission Report Bringing them Home Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families April 1997 back to content page / next page Appendices Appendix 1.1 New South Wales Appendix 1.2 Australian Capital Territory Appendix 2 Victoria Appendix 3 Queensland Appendix 4 Tasmania Appendix 5 Western ...

Aboriginal and Torres Strait Islander Overview Committee (Queensland), 1996: First Report (Department of Families, Youth and Community Care, Brisbane).

Hobart December 4,7,8 Flinders Island December 4-5 Cape Barren Island December 4-5 Wybalenna December 6 Bringing them Home Launceston December 11,13 Burnie December 12

My grandmother, Rebecca, was born around 1890. She lived with her tribal people, parents and relations around the Kempsey area. Rebecca was the youngest of a big family. One day some religious people came, they thought she was a pretty little girl. She was a full blood aborigine about five years old. Anyway those people took her to live with them.

I was born in May 1964. My Mother and I lived together within an inner suburb of Melbourne. At the age of five and a half months, both my Mother and I became ill. My Mother took me to the Royal Children's Hospital, where I was admitted.

My family went to Cherbourg. They volunteered to go there during the Depression. So I would have been about 6 months old when grandfather, who was, I mean, he was independent. He had eight kids all birthed out in the trees you know, under the stars. My mother spoke her own language. She had me with the promise to marry my father. And then when the Depression came they talked to the policeman. He said go to Buramba. When things get better come back out again. He was the Protector so he sent them there. The thing is though, when we got there you got caught up in the system.

In 1958, whilst our family [Penny aged 10, her brother Trevor 11, Murray 7, sister Judy 6 and baby Olive was five or six weeks old, their mother and step-father] were all resident at a house situated in Cairns, my mother's capacity to look after her children in a fit and proper manner became the subject of challenge within the Cairns District Children's Court. This action was initiated by Sgt Syd Wellings, then attached to the nearby Edmonton Police Station.

I was born on Cape Barren. At the time I was taken the family comprised mum, my sister and [my two brothers]. And of course there was my grandmother and all the other various relatives. We were only a fairly small isolated community and we all grew up there in what I considered to be a very peaceful loving community. I recall spending most of my growing up on the Island actually living in the home of my grandmother and grandfather. The other children were living with mum in other places.

At the age of four, I was taken away from my family and placed in Sister Kate's Home - Western Australia where I was kept as a ward of the state until I was eighteen years old. I was forbidden to see any of my family or know of their whereabouts. Five of us D. children were all taken and placed in different institutions in WA. The Protector of Aborigines and the Child Welfare Department in their 'Almighty Wisdom' said we would have a better life and future brought up as whitefellas away from our parents in a good religious environment.

1936 it was. I would have been five. We went visiting Ernabella the day the police came. Our great-uncle Sid was leasing Ernabella from the government at that time so we went there.

My grandmother was taken from up Tennant Creek. What gave them the right to just go and take them? They brought her down to The Bungalow [at Alice Springs]. Then she had Uncle Billy and my Mum to an Aboriginal Protection Officer. She had no say in that from what I can gather. And then from there they sent her out to Hermannsburg - because you know, she was only 14 when she had Uncle Billy, 15 when she had Mum. When she was 15 and a half they took her to Hermannsburg and married her up to an Aranda man. That's a no-no.

John was removed from his family as an infant in the 1940s. He spent his first years in Bomaderry Children's Home at Nowra. At 10 he was transferred to Kinchela.

We always lived by ourselves. Not that we thought we were better than any other Koori family. It's just that the white welfare, if they seen a group of Koori families together, they would step in and take their children away never to be seen again.

When I accessed my file, I found out that the police and the station people at B... Station felt that my mother was looking after me. And they were unsure of why I was being taken away. They actually asked if I could stay there. But because I was light-skinned with a white father, their policy was that I had to be taken away. I was then the third child in a family of, as it turned out to be, 13. I was the only one taken away from the area [at the age of 4 in 1947].