Stolen Generations compensation cases 1999-present
This subject provides case studies of key compensation claims bought before NSW courts as a result of historic child removals experienced by Aboriginal people. The cases included in this subject relate to Aboriginal people who were removed from their families as children and placed in foster homes and out of home care, prior to 1969.
Claims brought before the NSW courts in relation to Aboriginal child removal are either common law claims or victims of crime compensation claims. It is extremely difficult to make a claim for compensation for child removal.
Cunneen and Grix note that there are often a number of barriers, such as difficulty accessing historical records, lack of availability of witnesses, statute of limitations, legal costs and the traumatic nature of court proceedings (). While there have been successful claims, such as the Valerie Linow case, these have not given rise to widespread compensation ().
Panagoda outlines the informal settlement conference process undertaken by the NSW Government and the Stolen Generations Council of NSW/ACT Inc (). The claim was initiated on behalf of a group of members who had been committed to Bomaderry Children’s Home, Kinchela Aboriginal Boys’ Training Home and Cootamundra Aboriginal Girls’ Training Home on or before 31 December 1969 (see SUB0005).
As at 2017, there were more than 150 successful claims for compensation for several causes of action, including breach of statutory duty; breach of common law duty; false imprisonment; and/or misfeasance in public office ().
The law and policy in this subject is accurate as of 1 June 2023.