Editors --- "National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families - Digest" [1996] AUIndigLawRpr 6; (1996) 1(1) Australian Indigenous Law Reporter 66

National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families

The President of the Human Rights and Equal Opportunity Commission and former Deputy Chairperson of the Council for Aboriginal Reconciliation, Sir Ronald Wilson, is heading a national inquiry into the past practice of removing Aboriginal and Torres Strait Islander children from their families.

The Inquiry was established by the Attorney-General, Michael Lavarch, as part of the Federal Government's Justice Statement. The initial terms of reference dated 11 May 1995 were expanded on 2 August 1995. The Inquiry was launched on 9 August 1995. The new "Terms of Reference" are reproduced below.

Terms of Reference

I, MICHAEL LAVARCH, Attorney-General of Australia, HAVING REGARD TO the Australian Government's human rights, social justice and access and equity policies in pursuance of section 11(1)(e), (j) and (k) of the Human Rights and Equal Opportunity Commission Act 1986, HEREBY REVOKE THE REQUEST MADE ON 11 MAY 1995 AND NOW REQUEST the Human Rights and Equal Opportunity Commission to inquire into and report on the following matters:

To-

(a) trace the past laws, practices and policies which resulted in the separation of Aboriginal and Torres Strait Islander children from their families by compulsion, duress or undue influence, and the effects of those laws, practices and policies;

(b) examine the adequacy of and the need for any changes in current laws, practices and policies relating to services and procedures available to those Aboriginal and Torres Strait Islander people who were affected by the separation under compulsion, duress or undue influence of Aboriginal and Torres Strait Islander children from their families, including but not limited to current laws, practices and policies relating to access to individual and family records and to other forms of assistance towards locating and reunifying families;

(c) examine the principles relevant to determining the justification for compensation for persons or communities affected by such separations;

(d) examine current laws, practices and policies with respect to the placement and care of Aboriginal and Torres Strait Islander children and advise on any changes required taking into account the principle of self-determination by Aboriginal and Torres Strait Islander peoples.

IN PERFORMING its functions in relation to the reference, the Commission is to consult widely among the Australian community, in particular with Aboriginal and Torres Strait Islander communities, with relevant non-government organisations and with relevant Federal, State and Territory authorities and if appropriate may consider and report on the relevant laws, practices and policies of any other country.

THE COMMISSION IS REQUIRED to report not later than December 1996.

Dated 2 August 1995

Note also that members of the `Stolen Generation', as they are referred to, are to bring a constitutional challenge in the High Court (see [1995] AboriginalLawB 24; (1995) 3(73) Aboriginal Law Bulletin 25).