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.
Latest update
We have now received the Respondent's Amended Defence and are reviewing it as part of the next stage of the class action. Our team recently held free information sessions across Western Australia to provide an update on the class action and answer questions from community members. If you missed a session and would like more information about the class action, please contact our team on 1800 842 003 .
Source: Shine Lawyers
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 class action, the Department’s conduct must have occurred in WA, on or after 5 March 1992 , and you must be: A First Nations person who between 5 March 1992 and 29 May 2024 was: removed from their parent, guardian or carer by the Department in Western Australia; and placed in out-of-home care and separated from their First Nations family, community, culture and traditions, or not supported to stay connected to them. A First Nations parent or carer who between 5 March 1992 and 29 May 2024: was investigated by the Department in Western Australia; and has a child who meets the Child Group Member definition; or the Department did not take appropriate steps, or act quickly enough, to return the child to their family after they were placed in out-of-home care. A First Nations person who, between 5 March 1992 and 29 May 2024, applied or was nominated to care for a child who meets the Child Group Member definition above and: was not assessed by the Department in an adequate or timely manner, or at all; or had their application refused by the Department. If you meet the above criteria, you are encouraged to register for this class action. If you had dealings with the Department in another state, you can join our: NSW First Nations Child Removal Class Action ; or SA and VIC First Nations Child Removal 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 class action
Register NowSource: Shine Lawyers
Frequently Asked Questions
Where can I go if I need support?
We understand that the issues raised in this class action can be triggering or distressing for those that have been impacted by the removal of a child, or who were themselves removed from their families as a child. If you, or someone you know could use support, we encourage you to connect with 13YARN on 13 92 76 and talk with an Aboriginal or Torres Strait Islander Crisis Supporter. 13YARN are available 24 hours a day, seven days a week.
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 place First Nations children with other willing family members, and in doing so, failed to comply with the ACPP specifically.
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
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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