Stolen Generation will happen again unless laws are changed, Aboriginal commissioner warns

A new report suggests Australia could be on the path to repeating one of the most infamous chapters in its history without urgent action.

Urgent legislative change is needed to head off another Stolen Generation as increasing numbers of Indigenous children are removed from family and culture and placed in state care, according to a new report.

Aboriginal Children and Young People Commissioner April Lawrie is releasing her preliminary report today into the removal and placement of Aboriginal children today and has made 17 recommendations and said unless the government acted the numbers in state care would increase by 50 per cent by 2031.

“In South Australia it is predicted that without change, by 2031 there will be as many as 140 of every 1000 Aboriginal children in State care,’’ the report says.

“If this predicted increase is realised, Aboriginal children will be being removed in numbers close to those of the Stolen Generation, the historical, systemic removal of Aboriginal children from their families, where it is estimated that between 10-33% of all Aboriginal children were removed between 1910 to 1970.’’

April Lawrie, Commissioner for Aboriginal Children and Young people in Victoria Square. Picture Matt Turner.

In conducting the inquiry, Ms Lawrie estimated she spoke to more than 1000 people, as well as directing a thorough investigation of available data.

“The alarming parts we knew were there, but it’s actually really, really bad,’’ Ms Lawrie said. “To the point that when you can see the rates are actually exceptionally different for Aboriginal children in regards to the comparison of experiences with non-Aboriginal children.

“There is something insidiously wrong with the way in which the system is responding to Aboriginal children and families.’’

The preliminary report’s recommendations will be submitted to the state government’s review of child safety laws.

Ms Lawrie said it was imperative there was more family and community consultation about the welfare of a child and a strict adherence to the legislated Aboriginal And Torres Strait Islander Child Placement Principle, which directs children should remain within family, cultural and community boundaries.

“Keeping our kids with our families with our communities, being connected to culture and country is important, it’s a fundamental right,’’ Ms Lawrie said.

The report says the number of young people placed with ‘relatives/kin’ in SA had fallen from 36.3 per cent in 2013 to 31.7 per cent in 2022.

It also says that in 2021, one out of two Aboriginal children were subject to at least one child protection notification, compared to one in 12 for non-Aboriginal children.

For an unborn child, one in every three Aboriginal children were subject to an unborn child notification, compared to just one in 33 non-Aboriginal children.

Among the Commissioner’s recommendations are a requirement for a family group conference to determine the best person to look after a child and the appointment of an Aboriginal cultural support person to advocate for the child.

Child Protection Minister Katrine Hildyard said she looked “forward to continuing to collaborate with her as we progress legislation that will help improve the lives of Aboriginal children’’.

Originally published as Stolen Generation will happen again unless laws are changed, Aboriginal commissioner warns