This NSW Government Submission to the Human RIghts and Equal Opportunity Commission provides details regarding the NSW Government involvement in the removal of Aboriginal children from their families. This report contains 'true response and an open account of the practices of removal in New South Wales over the past two centuries', as written by the NSW Government.

NSW Government, Submission to the Human Rights and Equal Opportunity Commission, Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families' (1998).

The government often removed Aboriginal children from missions and reserves, with the aim of assimilating them into a ‘civilised life’. Children were often placed on government-controlled stations, into homes and into apprenticeships. Removing children under specific laws and policies for Aboriginal children persisted until the late 1960s.

Missions, reserves and stations

The lack of records during the period 1788 to 1908 makes it difficult to determine what, if any, laws or policies governed the removal of Aboriginal children from their families during this period. However, from the earliest years of the colony, Government practices resulted in children being separated from their...

Early child removals

During the 1800s, laws did not specifically restrict family contact. However, the Aboriginal child removal policies of this era were centred around protection and then assimilation, which sought to remove all elements of Aboriginal culture from a child.

Barriers to family contact

Laws and policies specifically forced Aboriginal children into apprenticeships and domestic servitude.

Apprenticeships and service under the Aborigines Protection Act

Following the end of the Aborigines Protection Act 1909 (NSW) in 1969, placement of Aboriginal children in foster home and out-of-home care was governed by general child welfare laws. There has been an increasing focus on maintaining familial and cultural connections.

Foster homes and out-of-home care 

The placement of Aboriginal children in institutions was intended to educate and assimilate them into white society. Early institutions were established to teach English and promote assimilation, followed by the establishment of children's institutions for domestic service apprenticeships.

Early institutions

Aboriginal families were forced to cooperate with child removal practices by various methods, including legislated offences, threats and intimidation. This subject examines the punishments or penalties imposed on Aboriginal families during the process of child removal between 1788 and 1969. It also includes instances where families/children refused to cooperate with...

Punishment/penalties for refusing to cooperate  

Developments in law and policy have seen a shift from Aboriginal children primarily being adopted by non-Aboriginal families, towards permanently placing Aboriginal children with Aboriginal families. However, this attempt to preserve and promote cultural and familial identity in children needing care has not been as effective in practice as intended.  

Prioritising adoption by Aboriginal families

From the 1940s, there was a shift from policies of ‘protection’ to policies of ‘assimilation’ in NSW. This is reflected in an increase of adoption of Aboriginal chidren by the Aborigines Welfare Board.  

Adoption and assimilation

This period has seen an increasing focus on consultation with Aboriginal families however alongside this laws and policies that facilitate adoption by foster carers have been criticised by many commentators.

Contemporary adoption of Aboriginal children

This subject examines the extent to which Australian adoption laws and policies have recognised Aboriginal customary practices and perspectives.  

Recognition of Aboriginal adoption practices and perspectives

From 1987, laws and policies began to incorporate the Aboriginal Child Placement Principles (ACPPs), which aim to prioritise the placement of Aboriginal children with their extended family or kinship group, members of their Aboriginal community, or local Aboriginal families and involve Aboriginal families and organisations in decision-making about placement. However,...

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles 

A system of public housing in NSW began in 1942. The Government built houses and subsidised housing for low income families. Many barriers prevented Aboriginal people from accessing public housing.

Barriers to Aboriginal people accessing public housing

From the 1850s many Aboriginal people lived on reserves, often in homes they built themselves. From 1909 the reserves were owned by the Aborigines Protection Board, which built huts for housing. The Board sought to use housing as an assimilating tool. The poor condition of housing on reserves was recognised...

Housing on reserves

From the late 1960s, Commonwealth and NSW governments began to focus specifically on housing programs for Aboriginal people. Aboriginal people continued to experience barriers to accessing mainstream public housing.

Aboriginal housing programs begin

From the 1980s, Aboriginal people had increasing involvement in housing policy, decision-making and management. The newly established Aboriginal Land Councils became involved in owning and managing housing for Aboriginal people, alongside other Aboriginal community housing providers.

Increasing Aboriginal involvement in housing

While adoption of Aboriginal children into European families happened in the early years of the colony, this was not regulated by law until 1923. Throughout this period, no law or policy had regard to the cultural needs of Aboriginal children being adopted.

Document

NSW Government, Submission to the Human Rights and Equal Opportunity Commission, Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families' (1998).

Missions, reserves and stations

Early child removals

Barriers to family contact

Apprenticeships and service under the Aborigines Protection Act

Foster homes and out-of-home care

Early institutions

Punishment/penalties for refusing to cooperate

Prioritising adoption by Aboriginal families

Adoption and assimilation

Contemporary adoption of Aboriginal children

Recognition of Aboriginal adoption practices and perspectives

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles

Barriers to Aboriginal people accessing public housing

Housing on reserves

Aboriginal housing programs begin

Increasing Aboriginal involvement in housing

Adoption by non-Aboriginal families