The Dual Trauma of Removal and Abuse: Aboriginal Survivors’ Ongoing Struggle for Justice 

Australia’s colonial history is marked by policies that inflicted deep and lasting harm on Aboriginal and Torres Strait Islander communities. Among the most damaging were the policies that led to the forcible removal of Indigenous children, known today as the Stolen Generations. Many of these children, once removed, suffered further abuse in the institutions or foster homes where they were placed, compounding the trauma of removal with the horrific experiences of sexual abuse.

This blog post examines the intertwined nature of these traumas, the legislative framework that enabled them, and the ongoing legal and social battles for justice, healing, and redress.

The Dark History of Child Removal

The forced removal of Aboriginal children from their families was rooted in a paternalistic belief in the “civilizing” mission of colonisation. The policies that facilitated these removals were enshrined in state and territory legislation. These laws gave broad and unchecked powers to government authorities to remove children without parental consent or judicial oversight.

Some of the key legislative instruments included:

• Aboriginal Protection Act 1869 (Vic): The first legislation in Australia allowing for the removal of Aboriginal children, giving the state control over the lives of Aboriginal people.
• Aborigines Protection Act 1909 (NSW): Provided legal backing to remove Aboriginal children and place them into state institutions, often leading to cultural disconnection and abuse.
• Aboriginal Protection and Restriction of the Sale of Opium Act 1897 (Qld): Similarly empowered officials to separate Aboriginal children from their families.

The removal of Aboriginal children continued until the 1970s. The Bringing Them Home Report (1997), commissioned by the Human Rights and Equal Opportunity Commission, estimated that between one in three and one in ten Indigenous children were taken from their families during this period.

The Compounded Trauma of Sexual Abuse

For many of the children removed under these policies, the trauma of separation was compounded by experiences of physical and sexual abuse within the institutions or foster homes where they were placed. The Royal Commission into Institutional Responses to Child Sexual Abuse (2017) found that Aboriginal and Torres Strait Islander children were overrepresented among survivors of institutional child sexual abuse, further illustrating the unique vulnerability these children faced.

Key factors contributing to this overrepresentation included:

• Separation from family and the protective bonds of culture
• Lack of governmental oversight within institutions
• Prevalent racist attitudes that devalued Aboriginal lives and diminished safeguards
• Geographic and social isolation that made these children more vulnerable

The Long-Term Impact

The effects of removal and abuse have been devastating for Aboriginal families, extending far beyond the immediate victims. The trauma experienced by these children did not stop with them; it reverberated across generations. Stolen Generations survivors and their descendants face:

• Higher rates of mental health challenges such as depression, anxiety, and PTSD
• Increased substance abuse issues
• Difficulties in parenting and maintaining healthy family relationships
• A profound loss of cultural identity and disconnection from Country
• Deep distrust of government institutions that continues today

Redress and Compensation: A Patchwork Approach

Recognising the harms inflicted on the Stolen Generations, several redress schemes have been introduced, but they often fall short of addressing the full scope of trauma endured by survivors.

National Redress Scheme (NRS)

The National Redress Scheme was established in 2018 in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. It aims to provide survivors with a form of compensation, counseling, and a direct personal response from the institutions responsible. However, the scheme has faced significant criticism for its limitations, including inadequate compensation, delays in processing claims, and a complex, often re-traumatising application process. The maximum payout is capped at $150,000, a figure many see as insufficient for the lifelong impact of abuse.

State-Based Stolen Generations Reparations Schemes

Several states and territories have introduced reparations schemes specifically for Stolen Generations survivors:

• New South Wales: Introduced a scheme that closed in 2023, offering survivors compensation and a personal apology.
• Victoria: Operates a reparations scheme for survivors, with applications open until 2027.
• Territories Stolen Generations Redress Scheme: Available for survivors in the Northern Territory, ACT, and Jervis Bay.

While these schemes are a step towards justice, their scope is limited. They focus primarily on the harm caused by removal, often without adequately addressing the subsequent abuse many survivors endured. Moreover, the differing compensation levels and application procedures create inconsistency and confusion for survivors.

Civil Litigation

Recent developments in tort law, particularly following the Royal Commission, have made it easier for some survivors to pursue civil claims against institutions for historical abuse. The Limitation of Actions (Child Sexual Abuse) Act 2015 (Vic) and similar legislation in other jurisdictions removed time limits for survivors of child sexual abuse to bring forward civil claims. Despite these changes, survivors continue to face significant barriers, including evidentiary difficulties and the emotional toll of litigation.

Ongoing Challenges and the Need for Reform

Despite these efforts, significant gaps remain in addressing the complex needs of Aboriginal survivors of removal and abuse. Some of the primary issues include:

• Limited Scope: Current redress schemes often focus on either removal or sexual abuse, without acknowledging the compounded trauma faced by many survivors.
• Evidentiary Burdens: The passage of time, lack of records, and the disempowerment of survivors make it difficult for many to substantiate their claims.
• Cultural Insensitivity: Many processes remain culturally inappropriate, failing to recognise the importance of trauma-informed care and cultural safety.
• Inadequate Compensation: Financial redress rarely reflects the lifelong impact of trauma, and survivors are often left feeling undercompensated and unheard.
• Lack of Holistic Support: The focus on financial compensation overlooks the need for emotional, psychological, and cultural healing, which is essential for survivors and their communities.

The Way Forward

To truly support Stolen Generations survivors and their descendants, a more holistic approach is needed—one that goes beyond financial redress and addresses the deep cultural and psychological wounds caused by these historical injustices.

Key recommendations include:

• Comprehensive, Trauma-Informed Redress Schemes: Redress must acknowledge the interconnected nature of removal and abuse, providing survivors with both financial and emotional compensation.
• Investment in Aboriginal-Led Healing Programs: These programs must focus on cultural reconnection, mental health support, and intergenerational healing.
• Reforming Legal Systems: Civil litigation must continue to evolve to better accommodate historical claims and address the unique challenges faced by Aboriginal survivors.
• Family Reunification and Cultural Strengthening: Support services should prioritise reconnecting survivors with their families and cultural heritage, fostering a sense of identity and belonging.
• Culturally Safe Redress Processes: Every step in the redress process must be informed by Aboriginal cultural knowledge and designed with significant input from Aboriginal communities and survivors.
• Preventing Future Harm: Addressing the overrepresentation of Aboriginal children in out-of-home care today is essential to breaking the cycle of intergenerational trauma.

The legal and social journey towards justice for Aboriginal survivors of removal and institutional abuse is ongoing. As legal practitioners, policymakers, and advocates, we must remain steadfast in our commitment to meaningful, culturally informed responses that honor the experiences of survivors and their families. By working in partnership with Aboriginal communities, we can begin to heal the deep wounds inflicted by these dark chapters in our history and move towards a future of justice, healing, and cultural restoration.