9. The Stolen Generation
The history of the 'Stolen children' varies depending on time and
place. Table 7.1 below, shows where and when Indigenous children could lawfully
be taken without their parents' consent and without a court order.
Non-Indigenous children could also be removed without their parents' consent,
but only by a court finding that the child was uncontrollable, neglected or
abused.
Table 7.1: State and Territory laws authorising forcible removal
of Indigenous children
|
Where
|
When
|
Why
|
|
NSW
and ACT
|
1915
- 1940
|
If
the Protection Board believed it was in the interest of the moral or
physical welfare of the child.
|
|
Northern
Territory
|
1911
- 1964
|
Being
'aboriginal or half-caste' if the Chief Protector believed it was necessary
or desirable.
|
|
Queensland
|
1897
- 1965
|
For
'aboriginal' children, and 'half-cast' children living with Aboriginal
parent(s), if the Minister ordered it. These laws did not apply to Torres
Strait Islanders.
|
|
South
Australia
|
1923
- 1962
|
Legitimate
children (that is, children whose parents were lawfully married) could only
be removed if they were over 14 or had an education certificate.
Illegitimate children could be removed at any time if the Chief Protector
and State Children's Council believed they were neglected.
|
|
Victoria
|
1871
- 1957
|
If
the Governor of the State was satisfied the child was neglected or left
unprotected. From 1899, for the better care, custody and education of the
child.
|
|
Western
Australia
|
1909
- 1954
|
Police,
protectors and justices of the peace could remove any 'half-caste' child to
a mission. Extended to all 'natives' under 21 in 1936.
|
|
Source:
Appendices 1-7, Bringing
them home, Report of the National Inquiry into the Separation of Aboriginal
and Torres Strait Islander Children from Their Families, HREOC, 1997
