Fresh light on Aboriginal child removal issues

A fresh look at guardianship law may shed new light on legal and political issues associated with the separation of Aboriginal children from their families.

From the end of the 19th Century until the early 1960s, Western Australian authorities removed Aboriginal children from their families to attempt to assimilate them into White Australian society.

There is a body of material that explores these issues of separation, but a study by a Murdoch University law academic is the first to look into the legal consequences of guardianship after removal of children from their families.

Dr Tony Buti from Murdoch’s Law School argues that the State ignored their important legal obligations towards Aboriginal children who had been removed.

“Once the children were removed, the State had responsibility to take care of their maintenance, education, religion, protection, discipline, access and visitation, affection and their place of abode,” Dr Buti said.

“However, a closer look at the political and legal history reveals that these duties were in many cases breached by the State. This is particularly significant, as the State consistently argues that separations from families were initiated at the time to rescue children from neglect.”

Dr Buti builds a strong case in his new book on this subject, ‘Australian Aboriginal Childhood Separations and Guardianship Law’ through an extensive analysis of Aboriginal policy and practice relating to child removals, particularly in Western Australia.

He focuses on the conditions faced by children in their new placements, and highlights the responsibility of the State to care for all aspects of the children’s welfare after separation.

“Previous unsuccessful legal cases have focused on the impact of separation practices on Aboriginal children, but this lack of adherence to guardianship law may lead to a different outcome, although there are still many legal hurdles to overcome. The work also adds strong impetus for a political solution to this issue, and others relating to Aboriginal treatment in the 20th Century,” Buti said.

‘Australian Aboriginal Childhood Separations and Guardianship Law’ is published by the Institute of Criminology, University of Sydney and Federation Press.