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Reparations for the Stolen Generations in New South Wales

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Reparations for the Stolen Generations in New South Wales LEGISLATIVE COUNCIL General Purpose Standing Committee No. 3 Reparations for the Stolen Generations in New South Wales Unfinished business Ordered to be printed 23 June 2016 Report 34 - June 2016 i LEGISLATIVE COUNCIL Reparations for the Stolen Generations in New South Wales New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. General Purpose Standing Committee No. 3 Reparations for the Stolen Generations in New South Wales / General Purpose Standing Committee No. 3 [Sydney, N.S.W.] : the Committee, 2016. xxvi, 270 pages ; 30 cm. (Report no. 34 / General Purpose Standing Committee No. 3) “June 2016”. Chair: Ms Jan Barham, MLC. ISBN 9781922258151 1. Stolen generations (Australia)—New South Wales. 2. Children, Aboriginal Australian—Institutional care—New South Wales—History. 3. Children, Aboriginal Australian—New South Wales—History 4. Aboriginal Australians—Government policy—New South Wales—History. 5. Aboriginal Australians, Treatment of—History. 6. Aboriginal Australians—Removal. I. Barham, Jan. II. Title. III. Series: New South Wales. Parliament. Legislative Council. General Purpose Standing Committee No. 3. Report ; no. 34 362.849915 (DDC22) Acknowledgements Artwork The original artwork on the cover of this report, entitled ‘Trees of Home’, was provided by artist Kim Healey, a descendant of the Bundjalung and Gumbaynggirr nations and a descendant of the Djunbun (Platypus) Clan. Ms Healey provided the following meaning for this artwork: “With a contemporary reflective palette trees of home encapsulates our history that holds our memories within these ancient vessels”. Permission from the artist to crop and use parts of this image throughout the report was obtained by the committee. Title of report The committee acknowledges that the phrase ‘Unfinished business’ has been used in a number of other reports and documents relating to Indigenous issues. The committee considered the use of this title was fitting for this report given that the business of making reparations to Stolen Generation survivors is unfinished. ii Report 34 - June 2016 GENERAL PURPOSE STANDING COMMITTEE NO. 3 Belonging where? Caught in an abyss Belonging where? Thousands of children Heartache despair. Stolen, separated Leaving mothers behind Lost to our Culture, Music, Dance and Art. Lost to Ourselves—our Families—our Hearts. As a child—wondering What did I do wrong? Who the hell am I? A feeling so strong The taunts of a childhood All a whirl "Half-caste, half-caste a little black girl". Italiano? Greek? Maori or what? Some of the questions asked a lot. Too black to be white. Too white to be black. Caught in the middle Belonging no where. Poem provided by Ms Lorraine McGee-Sippel, Stolen Generations survivor. Report 34 - June 2016 iii LEGISLATIVE COUNCIL Reparations for the Stolen Generations in New South Wales How to contact the committee Members of the General Purpose Standing Committee No. 3 can be contacted through the committee secretariat. Written correspondence and enquiries should be directed to: The Director General Purpose Standing Committee No. 3 Legislative Council Parliament House, Macquarie Street Sydney New South Wales 2000 Internet www.parliament.nsw.gov.au Email [email protected] Telephone 02 9230 2898 Facsimile 02 9230 2981 iv Report 34 - June 2016 GENERAL PURPOSE STANDING COMMITTEE NO. 3 Terms of reference 1. That General Purpose Standing Committee No. 3 inquiry into and report on reparations for the Stolen Generations in New South Wales, and in particular: (a) the New South Wales Government’s response to the report of the 1996 National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children and Their Families entitled ‘Bringing them Home’ and the recommendations made in the report regarding reparations (b) potential legislation and policies to make reparations to members of the Stolen Generations and their descendants, including approaches in other jurisdictions, and (c) any other related matter. 2. That for the purposes of paragraph 1, the committee adopt the definition of ‘reparations’ contained in recommendation no. 3 of the ‘Bringing them Home’ report, which states that reparation should consist of: (a) acknowledgement and apology (b) guarantees against repetition (c) measures of restitution (d) measures of rehabilitation, and (e) monetary compensation These terms of reference were referred to the committee by the Legislative Council on 25 June 2015.1 1 Minutes, Legislative Council, 25 June 2015, p 241. Report 34 - June 2016 v LEGISLATIVE COUNCIL Reparations for the Stolen Generations in New South Wales Committee membership Ms Jan Barham MLC The Greens Chair The Hon Natasha Maclaren-Jones MLC Liberal Party Deputy Chair The Hon Ben Franklin MLC The Nationals The Hon Courtney Houssos MLC Australian Labor Party The Hon Sarah Mitchell MLC The Nationals Revd the Hon Fred Nile MLC Christian Democratic Party The Hon Shaoquett Moselmane MLC Australian Labor Party * Mr Moselmane replaced Mr Walt Secord as a member of the committee for the duration of the inquiry. vi Report 34 - June 2016 GENERAL PURPOSE STANDING COMMITTEE NO. 3 Table of contents Chair’s foreword xiii Summary of key issues xv Summary of recommendations xxi Chapter 1 Introduction 1 Terms of reference 1 Conduct of the inquiry 1 Aboriginal cultural awareness and inter-cultural communication training 1 Submissions 1 Site visits 2 Hearings 3 Support for witnesses 4 Consultation 4 Terminology 5 Aboriginal vs Indigenous 5 Bringing them home report 5 Past forcible removal policies and practices 5 ‘Stolen Generations’ and ‘descendants’ 5 Structure of this report 6 Chapter 2 The Stolen Generations 7 The term the ‘Stolen Generations’ 7 The history of forcible removals in New South Wales 8 Past forcible removal policies and practices 8 The number of Aboriginal children forcibly removed 10 Current Stolen Generation survivor figures 12 The Bringing them home inquiry and report 13 Government responses to the report 14 Commonwealth Government 15 New South Wales Government 15 Other responses 16 Key events in New South Wales since the Bringing them home report 17 Apologies 17 Establishment of the Family Records Unit 17 Repayment of stolen wages 18 Opportunity, Choice, Healing, Responsibility, Empowerment 18 Current legal action against the State of New South Wales 19 Report 34 - June 2016 vii LEGISLATIVE COUNCIL Reparations for the Stolen Generations in New South Wales ‘Unfinished business’ 21 Compensation 22 The right to reparation 24 Chapter 3 A legacy of trauma and loss 27 Ongoing impacts on Stolen Generation survivors 27 Lack of identity and ‘not belonging’ 30 Intergenerational impacts 33 Chapter 4 Healing 39 The need to heal 39 What is healing? 40 How to heal? 40 Government-funded healing initiatives 42 The need for a trauma-informed workforce 45 Counselling services 47 Bringing Them Home and Social Emotional Wellbeing programs 47 Other services and programs 51 Collective healing 55 Healing centres 57 Chapter 5 Acknowledgement and apology 63 Government apologies 63 Significance of apologies 65 Further recognition 67 Memorials 71 Keeping Places at former homes 75 Bomaderry Aboriginal Children’s Home 76 Kinchela Aboriginal Boys’ Training Home 77 Cootamundra Aboriginal Girls’ Training Home 78 Funeral funds 81 Chapter 6 Monetary payments 83 Financial compensation for Stolen Generation survivors 83 A state or federal responsibility? 84 Support for monetary compensation 85 viii Report 34 - June 2016 GENERAL PURPOSE STANDING COMMITTEE NO. 3 Repayment of stolen wages 89 Chapter 7 A reparation framework 93 Approaches to reparations in other jurisdictions 93 The Tasmanian model 93 The South Australian model 95 International approaches 97 Is a reparation framework needed in New South Wales? 99 Inadequacy of existing legal remedies 99 Limitations of the current group action 104 Mechanisms for reparation in New South Wales 108 An independent tribunal 108 A reparations scheme 110 A Truth and Reparations Commission 112 Key considerations in the development of a reparations framework 113 The need to act quickly 113 Aboriginal engagement in the design and implementation 114 Inclusion of Aboriginal members in decision making 115 Promotion and community engagement 116 Funding 117 Application period 119 Eligibility for reparations 120 Evidentiary requirements and formality 123 Assessment and quantum of monetary payments 124 Review of decisions 127 Legal representation for claimants 127 Transparency 128 Chapter 8 Overcoming disadvantage 131 Tracing disadvantage back to past forcible removal policies and practices 131 Closing the Gap 132 Education 133 Employment 135 Housing 138 Health 140 Aged care 143 Justice 145 Repatriation Stolen Generation survivors from overseas prisons 147 Report 34 - June 2016 ix LEGISLATIVE COUNCIL Reparations for the Stolen Generations in New South Wales Tailoring services to Stolen Generation survivors 149 Capturing information about Stolen Generation survivors 150 Chapter 9 Culture, language and identity 155 Language and cultural initiatives 155 Aboriginal Language and Culture Nests 157 Other initiatives 158 Record preservation, management and access 160 Management and custody of records 161 Access to records 162 Correction and alteration of records 164 Recording of testimonies 166 Reunions 168 Reunification services provided by Link-Up NSW 169 Education, awareness and cultural competency 171 Public awareness of the past 171 School curriculum 172 Cultural competency of the public
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