2.3 Victorian Responses to the Bringing Them Home Report

Victoria has a long history of community resilience and advocacy that has bought some outcomes for Stolen Generations in lieu of a full jurisdictional response to the holistic Reparations model recommended in the Bringing Them Home Report.

This section will detail Victorian responses to the Bringing Them Home Report under the five Reparations components detailed within the Bringing Them Home Report: acknowledgment and apology, guarantees against repetition, measures of restitution, measures of rehabilitation and monetary compensation. The section will outline what outstanding matters remain to be completed from these recommendations. It is noted that this section does not cover every Victorian response to the Bringing Them Home Report but those which are significant.

Acknowledgment and apology

This report understands this aspect of reparations, as detailed in the Bringing Them Home Report, as an apology or commemorative markers that acknowledge past wrongs done to Stolen Generations.

The following apologies and acknowledgments have taken place in Victoria since the 1997 Bringing Them Home Report:

  • Premier Jeff Kennett made a formal apology to Stolen Generations in 1997 on behalf of the Victorian Government.89
  • In response to the Bringing Them Home Report recommendation the Victorian Police acknowledged past injustices, and this was reflected in their policy at the time.90
  • MacKillop Family Services acknowledged the Stolen Generations in 1998 and Child and Family Services Ballarat also acknowledge Stolen Generations in their apology to former children in their care.91
  • In 2006 ‘many mainstream Community Sector Organisations joined together to acknowledge and apologise to the Stolen Generations.’92
  • Berry St issued an apology to Stolen Generations in 2016 for their part in separating Aboriginal children from family.93
  • Stolen Generations markers at Darebin Council, Preston and Atherton Gardens, Fitzroy and two in development in the Melbourne region.

Outstanding matters

  • Apology from Victoria Police.94
  • State-wide markers commemorating Stolen Generations.95

Guarantees against repetition

This report understands this aspect of reparations, as detailed in the Bringing Them Home Report, as the policies and practices in place to ensure that the Stolen Generations experience of separation from family, community, Culture, Country and subsequent loss of identity and sense of belonging is not repeated.

The following policies and practices on guarantee against repetitions have been actioned in Victoria since the 1997 Bringing Them Home Report:

Legislative responses

  • Section 18 of the Children and Youth Families Act 2005
  • Section 50 of the Adoption Act 1984

Victoria Government responses

  • In the Victorian Government initial response to the Bringing Them Home Report in 1997 and 1998 addressed this through development of Aboriginal family support programs and out of home care policies.96
  • The Wungurilwil Gapgapduir: Aboriginal Children and Families Agreement was established in 2018 as a response to the Bringing Them Home Report recommendations regarding Aboriginal children in the child protection system and self-determination.97
  • The current Victorian Aboriginal Children’s Forum implements and monitors the Wungurilwil Gapgapduir, they were established in response to the 2013 Koorie Kids Growing Strong in their Culture Report.98
  • The current child protection mechanisms of the Aboriginal Children in Aboriginal Care (ACAC) and the Transitioning Aboriginal Children are transferring responsibility of Aboriginal children in out-of-home care to an approved Aboriginal Community Controlled Organisation (ACCO).99
  • The current Marram-Ngala Ganbu hearing process at the Family Division of the Children’s Court of Victoria was developed by a Koori-led process and aims to better accommodate the needs of Koori Families.100
  • Significant child protection policy participation roles are resourced through the Victorian Aboriginal Child Care Agency (VACCA) and the Victorian Aboriginal Children and Young People’s Alliance.101
  • The Family Matters 2020 report states Victoria is currently developing further amendments to the Child Youth and Families Act 2005 to strengthen and extend self-determination reforms and embed all elements of the legislated Child Placement Principle. These have been led and driven by ACCOs.102
  • In the Victorian Governments 1998 response to the Bringing Them Home Report a number of outcomes were actioned to educate the Victorian community on the experiences of Stolen Generations and to educate services on culturally safe practices.103
  • The Victorian Government Curriculum currently includes Stolen Generations high school within a select few subjects.104

Current non-government organisation responses

  • In 2015 the Beyond Good Intentions Statement was released with the participation of VACCA and mainstream non-government agencies involved in child protection. This statement was in response to the Bringing Them
  • Home Report recommendations regarding self-determination in the child welfare system.105
  • VACCA’s Return to Country program for children in out-of-home care.106
  • VACCA’s Nugel ACAC program taking full responsibility for Aboriginal children and young people on Children's Court orders.107
  • VACCA’s Cradle to Kinder program includes a holistic service providing parenting support, assistance to connect with family, community and Culture, health, finance, and education or employment.108
  • Bendigo and District Aboriginal Cooperative’s Mutjang Bupuwingarrak Mukman ACAC program taking responsibility for Aboriginal children and young people on Children's Court orders.109
  • Upcoming implementation of ACAC programs at Ballarat and District Aboriginal Cooperative and Njernda Aboriginal Corporation.110

Outstanding matters

  • Overarching strategy and objectives relating to intergenerational trauma and the child protection system.111
  • The removal rate for Aboriginal children in Victoria is 90 per 1,000 and has been increasing every year.112
  • In 2019 the second highest over-representation of Aboriginal children in out-of-home care was in Victoria.113 The Bringing Them Home Report states that Victoria had the first highest over-representation in 1993 indicating that little has changed statistically since this time.114
  • Admissions to out-of-home care were at the highest rate in Victoria (38.4 per 1,000 children). 115
  • Between 2018 and 2019, there were 12 adoptions of Aboriginal and Torres Strait Islander children in Victoria, all to non-Indigenous adoptive parents. VACCA has reported that it was not consulted in relation to these adoptions. 116
  • The rate of Aboriginal and Torres Strait Islander children on long-term child protection orders was highest in Victoria (75.6 per 1,000). 117

Measures of restitution

This report defines this aspect of reparations, as detailed in the Bringing Them Home Report, as the policies and practices in place to restore what was lost or stolen from Stolen Generations due to separation from family, community, Culture and Country.

The following policies and practices on measures of restitution have been actioned in Victoria since the 1997 Bringing Them Home Report:

  • Accessing records about separation from family including adoption files, and wardship records from children’s homes or other institutions
  • Researching family and cultural connections – liaising with Traditional Owner groups, interstate Link-Up services, record holders all over Australia
  • Obtaining birth, death and marriage certificates
  • Tracing and locating family members
  • Initiating contact with family members
  • Guidance with family issues
  • Family research advice
  • Providing cultural advice and information
  • Reunions (family, graveside, return to Country or back to institution)
  • Yarning Up (Counselling)
  • Referrals to appropriate services
  • Advocacy

Other policies and practices

  • In 1997 the Victorian Government announced that the pre-existing Koorie Oral History Program, Koorie Heritage Trust would focus on recording Stolen Generations stories.118 This program remains in place today, however it now has a broader focus.119
  • In 1998 the Victorian Government’s initial response to the Bringing Them Home Report committed funding toward training of two Aboriginal archivists and actioned a number of measures to preserve, index and increase accessibility of records.120
  • Also in the 1998 response the Victorian Government outlined a number of Culture and language programs and legislative changes that were in process, however none were specifically targeted at Stolen Generations.121
  • In 2000 a Memorandum of Understanding was signed between the Director-General of the National Archives and the Chairman of VACCA to ensure easier access to Commonwealth records for Victorian Stolen Generations.122
  • In 2001 The Koorie Family History Service, Koorie Heritage Trust was established after development began in 1998. The Koorie Family History Service provides a confidential client-based genealogical research and referral service for Stolen Generations and their descendants, as well as the Victorian Koorie Community, aged over 18. Clients are provided with their family tree and family history.123
  • The Koorie Records Taskforce, established in 2001 completed community consultations in 2001, contributed to training for community service organisations in 2001, completed training with Stolen Generations support workers in 2002, and developed the records finding aid ‘Finding your Story’ resource, published in 2005.124
  • In 2006, the Koorie Records Taskforce released ‘wilam naling, knowing who you are Improving Access to Records of the Stolen Generations A Report to the Victorian Government from the Victorian Koorie Records Taskforce’ based on consultations with records holding agencies and the Aboriginal community across Victoria. This significant report led to a number of outcomes.125
  • The Koorie Records Unit, Public Record Office Victoria and the Koorie Records Index of Names were established around 20 years ago following the recommendations of the 2006 ‘wilam naling’ report and the 1997 Bringing Them Home Report.126
  • In 2007, 2010 and 2011, following the wilam naling report recommendations, the training package ‘Know Your History, Preserve Your Culture’ was held across Victoria to increase knowledge and enhance access to relevant records for the Aboriginal Victorian community.127
  • In 2012 the Koorie Records Taskforce published their final report and stated that one of their many achievements was the implementation of Common Access Guidelines across ten agencies, however more agencies are still to implement these.128

Outstanding matters

  • Post reunion support, including return to Country reunion and learning Culture and language.129
  • Improving access to police, hospital, church and non-government records, including implementation of Koorie Records Taskforce Common Access Guidelines.130
  • Opportunities to record stories of the Stolen Generations in Victoria.131

Measures of rehabilitation

This report understands this aspect of reparations, as detailed in the Bringing Them Home Report, as the policies and practices in place to improve the quality of life for Stolen Generations following the various detrimental impacts on social determinants due separation from family, community, Culture and Country. The following policies and practices on measures of rehabilitation have been actioned in Victoria since the 1997 Bringing Them Home Report:

In 1998 the Victorian Government’s initial response to the Bringing Them Home Report provided funding to increase the support that VACCA was able to provide Stolen Generations through healing programs, policy and practice and research.132

The Victorian Government established a Stolen Generations Taskforce in 2002 and they produced the Stolen Generations Taskforce Report in 2003. Following the recommendations in this report, Stolen Generations Victoria Ltd was established in 2005 to support and address the needs of people affected by practices and policies of removing Aboriginal and Torres Strait Islander peoples from family, community, Country and Culture. 133

Connecting Home Ltd, was established after Stolen Generations Victoria Ltd closed in 2010 and is now the lead state funded organisation for supporting Stolen Generations through a broad range of case management, healing and education services.134

The 2017-2027 ‘Balit Murrup Aboriginal social and emotional wellbeing framework’ states in the next four years it aims to support Stolen Generations programs that provide family history and connection to community, trauma counselling and referrals to healing and support services. The Balit Murrup framework states that Stolen Generations are a priority group within this framework and will be included on the Aboriginal Social and Emotional Wellbeing Reference Group.135

Outstanding matters

  • Stolen Generations health care including Stolen Generations focussed trauma informed mental health and outcomes including within the Balit Murrup framework.136
  • Stolen Generations aged care services and end of life support services.137
  • Stolen Generations priority housing programs.138
  • Stolen Generations voices within Aboriginal policy and decision making.139
  • Stolen Generations disability care and access within the disability sector and disability access to existing mainstream service provisions.140
  • Stolen Generations services in the justice system.141
  • Needs based research into Victorian Stolen Generations and their descendants for developing evidence based practices including for intergenerational healing.142

Monetary Compensation

This report understands this aspect of reparations as the financial acknowledgment that recognises the hurt and suffering experienced by Stolen Generations due to separation from family, community, Culture and Country and subsequent loss of identity and sense of belonging.

Victorian Governments initial response to the Bringing Them Home Report in 1998 was not inclusive of monetary compensation.143 Since then Victoria has not previously provided monetary reparations to Victorian Stolen Generations, however some have been able to access redress for sexual abuse experienced in institutions through the National Redress Scheme. As noted above, at Chapter 1, the Victorian Government have now made a commitment to financial Reparations for Victorian Stolen Generations.

Victoria has made some important responses to recommendations in the Bringing Them Home Report, however there are many outstanding matters across all five Reparations components within the holistic Bringing Them Home Reparations model. The outstanding matters have been identified through data collection from consultation and research by the Steering Committee and will be responded to within the Steering Committee

End notes

89 Parliament of Victoria, 17 September 1997, Victorian Government Apology to Stolen Generations

90 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report; Ministerial Council of Aboriginal and Torres Strait Islander Affairs, 2003, Evaluation of responses to Bringing Them Home Report

91 Mackillop Family Services, Ten Years on from Apology, https://www.mackillop.org.au/stories/ten-years-on-from-historic-apology…; Children and Family Services Ballarat Incorporated, CAFS’ History and Collection, https://cafs.org.au/cafs-history-and-collection/

92 Centre of Excellence in Child and Family Welfare, 2015, Beyond Good Intentions

93 Berry Street, August 2006, Apology to the Aboriginal and Torres Strait Islander Communities, https://www.berrystreet.org.au/about-us/our-history/apologies-to-those-…

94 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

95 Stolen Generations Reparations Consultation Results – See Appendix

96 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

97 Victoria Government, Department of Health and Human Services, April 2018, Wungurilwil Gapgapduir: Aboriginal Children and Families Agreement

98 Family Matters, 16 November 2020, Family Matters Report 2020

99 Victoria Government, Department of Health and Human Services, Aboriginal Children in Care Program; Victoria Government, Department of Health and Human Services, Transitioning Aboriginal Children

100 Family Matters, 16 November 2020, Family Matters Report 2020

101 Family Matters, 16 November 2020, Family Matters Report 2020

102 Family Matters, 16 November 2020, Family Matters Report 2020, Retrieved from https://www.familymatters.org.au/the-family-matters-report-2020/

103 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

104 Victorian Government, Victorian Curriculum and Assessment Authority, History Curriculum Levels 5 and 6, https://victoriancurriculum.vcaa.vic.edu.au/Curriculum/ContentDescripti…; Victorian Government, Victorian Curriculum and Assessment Authority, History Curriculum Levels 9 and 10, https://victoriancurriculum.vcaa.vic.edu.au/Curriculum/ContentDescripti…; Victorian Government, Victorian Curriculum and Assessment Authority, Victorian Aboriginal Languages Curriculum, Levels 7 to 10, https://victoriancurriculum.vcaa.vic.edu.au/Curriculum/ContentDescripti…

105 Centre of Excellence in Child and Family Welfare, 2015, Beyond Good Intentions

106 Family Matters, 16 November 2020, Family Matters Report 2020

107 Family Matters, 16 November 2020, Family Matters Report 2020

108 Victorian Aboriginal Child Care Agency, Cradle to Kinder Program, https://www.vacca.org/page/services/children-and-families/early-years-s…

109 Family Matters, 16 November 2020, Family Matters Report 2020

110 Family Matters, 16 November 2020, Family Matters Report 2020

111 Healing Foundation, 21 February 2020, Submission to Victoria Legislative Assembly and Social Issues Committee, Forced Adoptions Inquiry

112 Family Matters, 16 November 2020, Family Matters Report 2020

113 Family Matters, 16 November 2020, Family Matters Report 2020

114 Human Rights and Equal Opportunity Commission, 1997, Bringing Them Home Report

115 Family Matters, 16 November 2020, Family Matters Report 2020

116 Family Matters, 16 November 2020, Family Matters Report 2020

117 Family Matters, 16 November 2020, Family Matters Report 2020

118 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report.

119 Oral History Program and Collection, Koorie Heritage Trust, https://koorieheritagetrust.com.au/visit-us/collections/oral-visual-rec…

120 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

121 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

122 Memorandum of Understanding, National Archives of Australia, https://www.naa.gov.au/explore-collection/first-australians/bringing-th…

123 Koorie Family History Service, Koorie Heritage Trust, https://koorieheritagetrust.com.au/visit-us/koorie-family-history-servi…; Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

124 Koorie Records Taskforce, January 2012, Victorian Koorie Records Taskforce Final Report; Koorie Records Taskforce, 2001, Finding Your Story - Community Forums Summary Report

125 Koorie Records Taskforce, Department for Victorian Communities, May 2006, wilam naling, knowing who you are Improving Access to Records of the Stolen Generations A Report to the Victorian Government; Koorie Records Taskforce, January 2012, Victorian Koorie Records Taskforce Final Report

126 Koorie Records Taskforce, Department for Victorian Communities, May 2006, wilam naling, knowing who you are Improving Access to Records of the Stolen Generations A Report to the Victorian Government

127 Koorie Records Taskforce, January 2012, Victorian Koorie Records Taskforce Final Report

128 Koorie Records Taskforce, January 2012, Victorian Koorie Records Taskforce Final Report; 5

129 Stolen Generations Reparations Consultation Results – See Appendix 2

130 Stolen Generations Reparations Consultation Results – See Appendix 2; Koorie Records Taskforce, January 2012, Victorian Koorie Records Taskforce Final Report

131 Stolen Generations Reparations Consultation Results – See Appendix 2

132 Victorian Government, November 1998, Response to the Bringing Them Home Report - Implementation Status Report

133 Victorian Stolen Generations Taskforce, 2003, Stolen Generations Taskforce Report; Ministerial Council of Aboriginal and Torres Strait Islander Affairs, 2003, Evaluation of responses to Bringing Them Home Report

134 Connecting Home, About Us, https://connectinghome.org.au/about-us/

135 Victoria Government, Department of Health and Human Services, Balit Murrup, Aboriginal social and emotional wellbeing framework, 2017-2017

136 Stolen Generations Reparations Consultation Results – See Appendix 2; Finity Consulting Pty Ltd, May 2021, Stolen Generations Reparations: Interim Report for Stolen Generations Reparations Steering Committee - Draft Findings [Final Report will be provided in late June 2021]

137 Stolen Generations Reparations Consultation Results – See Appendix 2

138 Stolen Generations Reparations Consultation Results – See Appendix 2; Finity Consulting Pty Ltd, May 2021, Stolen Generations Reparations: Interim Report for Stolen Generations Reparations Steering Committee - Draft Findings [Final Report will be provided in late June 2021]

139 Stolen Generations Reparations Consultation Results – See Appendix 2; Finity Consulting Pty Ltd, May 2021, Stolen Generations Reparations: Interim Report for Stolen Generations Reparations Steering Committee - Draft Findings [Final Report will be provided in late June 2021]

140 Stolen Generations Reparations Consultation Results – See Appendix 2; Finity Consulting Pty Ltd, May 2021, Stolen Generations Reparations: Interim Report for Stolen Generations Reparations Steering Committee - Draft Findings [Final Report will be provided in late June 2021]

141 Stolen Generations Reparations Consultation Results – See Appendix 2; Finity Consulting Pty Ltd, May 2021, Stolen Generations Reparations: Interim Report for Stolen Generations Reparations Steering Committee - Draft Findings [Final Report will be provided in late June 2021]

142 Healing Foundation, 21 February 2020, Submission to Victoria Legislative Assembly and Social Issues Committee, Forced Adoptions Inquiry

143 Bringing Them Home: Implementation Progress Report. (1999). Australian Indigenous Law Reporter, 4(3), 67-113

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