The statements below are Shine Lawyers’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
About This Case
For thousands of generations, First Nations families and communities raised their children strong and safe in their culture. Today, First Nations children and young persons are significantly overrepresented at every point of the child safety system, from notifications to investigations, removals into out of home care, and permanent removals.
Despite multiple reviews and inquiries into the system of child protection over the last 30 years, the over-representation of First Nations children in out of home care has increased in every jurisdiction in Australia.
It is alleged that the widespread removal of First Nations children from their families – known as the Stolen Generations – has not ceased, but rather, has continued under the guise of policy and legislative intervention in each State.
Source: Shine Lawyers
Who May Be Eligible
To be eligible to join the investigation, the Department’s conduct must have occurred in SA or VIC on or after 5 March 1992 , and you must be: A First Nations child who was removed from your parents or carers by the Department and either: not placed with family, kin or community; and/or not reunited with your family after your removal; or A First Nations parent or carer: who was investigated by the department; and/or whose child or children were removed from your care by the Department and either not placed in with family, kin or community or were not reunited after their removal; or A First Nations person who: nominated to care for a child who was removed and was not assessed by the Department in an adequate or timely manner or at all; or had their application refused. If you meet the above criteria, you are encouraged to register for this class action investigation.
Source: Shine Lawyers
How to Register
To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form. Register for the investigation
Register NowSource: Shine Lawyers
Frequently Asked Questions
What are the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles?
The Aboriginal and Torres Strait Islander Child Placement Principle (ACPP) recognises the importance of connections to family, community, culture and Country in child protection legislation, policy and practice. The five core elements of the ACPP are: prevention, partnership, placement, participation and connection. Placing children into out of home care in accordance with the ACPP revolves around a placement hierarchy: with Aboriginal and/or Torres Strait Islander relatives or extended family members/kin; with Aboriginal and/or Torres Strait Islander members of the child’s community; with Aboriginal and/or Torres Strait Islander family-based carers; and, if the above options are not available, as a last resort, an Aboriginal and/or Torres Strait Islander child may be placed with a non-Aboriginal / non-Torres Strait Islander person. The ACPP is reflected to varying degrees within the applicable State legislation. It is alleged that the Department has failed to comply with the ACPP in removing First Nations children from their families and/or failing to reunify them with their families.
What are the consequences of Aboriginal children being put into out of home care?
Being deprived of the opportunity to have connection with extended family, kin and community damages Aboriginal peoples’ connection to culture, and negatively impacts all aspects of their lives. It leads to poor mental health, substance, eating and personality disorders, lower education attainment, higher levels of homelessness, higher rates of chronic health conditions and morbidity and higher suicide rates.
Will the Department know that I have registered for the class action?
No. Signing up for the class action is confidential, and your details will be kept confidential by Shine Lawyers. They will not be disclosed to the Department (or anyone else) without your express permission.
Does it matter what the Department’s reasons for removal were?
We understand that in many cases, the Department is alleged to have been removing First Nations children from their families for trivial reasons, which is distressing. However, the reason for the removal (or your interaction with the Department) does not impact your ability to register for the class action. The class action looks at the Departments conduct at various stages and is not limited to removals only. We are concerned with the impact of Departments’ policies and procedures on First Nations families before, during and after removal and in the ongoing case management – regardless of reasons for removal.
Can Shine Lawyers help me get my children back?
Unfortunately, Shine Lawyers are unable to assist or advise you with respect to any of your past, present or future interactions with the Department. The purpose of this class action is to shine a light on the injustices that Aboriginal and Torres Strait Islander children and families are experiencing directly as a result of their interaction with the child protection departments, and obtain compensation for children, parents and family members who we allege have been wronged by them.
Do I have to be the biological parent of a child that was removed to sign up for the class action?
No. We recognise that the First Nations kinship system and extended family structure is unique and pivotal to identity formation, cultural understanding and belonging. As the First Nations family system is different to the nuclear or immediate family structure common in Western society, those vested with the caring responsibility of First Nations children extend beyond the immediate family group and may include aunts, uncles, cousins and grandparents. These people, along with others who had the responsibility of caring for a First Nations child who was removed from their care, are eligible to register their interest in the class action.
I don’t identify as a First Nations person/s and I've suffered institutional abuse from the DCJ, DOCS, DCP, DFFH or a different government department
If you, or someone you know has been impacted by the removal of a child by either: the Department of Communities and Justice in New South Wales (DCJ) the Department of Communities in Western Australia (DOCS) the Department of Families, Fairness and Housing in Victoria (DFFH) and/or the Department of Child Protection in South Australia (DCP) and you don’t identify as a First Nations person/s, our expert abuse law team may also be able to help you with an institutional abuse law claim. Similarly, if you, or someone you know has suffered mental, physical or sexual abuse by a member of another government department that hasn’t been mentioned, our expert abuse law team may also be able to help you with an abuse law claim. To find out
Source: Shine Lawyers
Disclaimer: This information is sourced from Shine Lawyers. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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