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WorldLII >> Categories >> Countries >> Australia >> By Subject >> Aboriginals & Torres Strait Islanders >> By Subject >> Stolen Generations

• Adoption Act 1988 (SA), Section 11
  The Aboriginal child placement principle was introduced in 1988. This Act also reecognises traditional customary marriages at s 4(3). (on AustLII)
• Alec Kruger & Ors v The Commonwealth of Australia; George Ernest Bray & Ors v The Commonwealth of Australia (1997) HCA 27 (31 July 1997)
  The High Court (by majority) decide that the Aboriginals Ordinance 1918 (NT) authorising the removal of Aboriginal children was not constitutionally invalid (on AustLII)
• Apology to Australia's Indigenous Peoples [Search]
  Text of apology delivered in Federal Parliament by Prime Minister Rudd February 13, 2008 (on Parliament of Australia)
• Bringing them Home - Community Guide (Human Rights and Equal Opportunity Commission)
  a guide to the findings and recommendations of the report - Reconciliation and Social Justice Library [on AustLII]
• Bringing them Home - Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children (Human Rights and Equal Opportunity Commission)
  Reconciliation and Social Justice Library [on AustLII]
• Bringing them Home: A Report on the Economic and Social Characteristics of those Impacted on by Past Policies of Forcible Removal of Children (June 2006) [Search]
  This baseline report by the Ministerial Council of Aboriginal and Torres Strait Islander Affairs (MCATSIA) compares the different economic and social situations of Indigenous people who were forcibly removed from their families to whose who were not removed (pdf on MCATSIA website)
• Bringing them home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families [Search]
  The 'Stolen Children' report. Provides information about the report, personal stories, media releases and opinion pieces, and information on the Inquiry Commissioners (on Human Rights and Equal Opportunity Commission - HREOC)
• Cubillo v Commonwealth (includes summary dated 11 August 2000) [2000] FCA 1084
  Two plaintiffs, members of the stolen generations sued the commonwealth for false imprisonment, breach of duties and negligence in this test case. Dismissed- the evidence was insufficient, and the court refused to grant an extension of time to bring the claims (on AustLII)
• Cubillo v Commonwealth of Australia (includes summary dated 30 April 1999) [1999] FCA 518
  Prima facie case established against the commonwealth by two members of the stolen generation, removed under NT legislation as children in 1947 and 1956 (on AustLII)
• Cubillo v Commonwealth of Australia (includes summary of 31 August 2001) [2001] FCA 1213
  This appeal to the full Federal Court was dismissed, with the court finding that the commonwealth was not liable to two people who had been removed from their families as children, institutionalised and mistreated under standard government practices of the time. Leave to appeal to the High Court was subsequently refused (on AustLII)
• Missing - Stolen Generations [Search]
  Background Briefing. Story by Kirsten Garrett from February 1996
• National Apology Australia
  Online apology regarding the Stolen Generation, links to reconciliation activities and general resources (on National Museum Australia)
• On the Occasion of National Sorry Day 26 May 1998 - Personal Apologies and Parliamentary Speeches
  (RSJ Library on AustLII)
• Stolen Children: from Removal to Reconciliation [Search]
  Series of articles on Forum (University of NSW Law Journal, Volume 14, Number 3)
• Stolen Generation Inquiry - Healing: a Legacy of Generations (2000) [Search]
  Report of inquiry into govt implementation of the recommendations made in "Bringing them Home" - the HREOC report in the stolen generations (on Australian Parliament website)
• The Stolen Generation Stakes a Claim: April 1999 [Search]
  Landmark case in the Federal Court - summary of claim on Law For You
• Stolen Generations Alliance: Australian for Healing, Truth and Justice [Search]
  Homepage of a collective of Australians working together to facilitate wider involvement in the struggle for healing and truth and justice. Includes many useful liks to documents and organisations.
• To Remove and Protect - an Online Exhibition of Historical Laws (Australian Institute of Aboriginal and Torres Strait Islander Studies) [Search]
  A collection of important legislation, originally compiled for the Bringing Them Home Report. The laws commence from the early nineteenth century through to modern times. Includes laws applied specifically to Aboriginal children and general child welfare/adoption laws (on AIATSIS website)
• Trevorrow v State of South Australia (No 5) [2007] SASC 285 (1 August 2007)
  First successful claim against a government by a member of the stolen generations. The court found: the State’s officers had taken him without legal authority, that the State had a duty of care and fiduciary duty, both had been breached. He had also been falsely imprisoned, and was granted declarations and damages including exemplary damages (on AustLII)