Reconciliation and Social Justice Library
Reconciliation and Social Justice Library
The Inquiry found that entrenched disadvantage and dispossession mean the removal of Indigenous children continues today. Indigenous children are six times more likely to be removed for child welfare reasons and 21 times more likely for juvenile justice detention, than non-Indigenous children.
In child welfare, Indigenous children are more likely than non-Indigenous children to be removed on the ground of `neglect' rather than `abuse'. Often Indigenous parenting styles are wrongly seen as the cause.
Aboriginal families continue to be seen as the `problem', and Aboriginal children continue to be seen as potentially `saveable' if they can be separated from the `dysfunctional' or `culturally deprived' environments of their families and communities. Non-Aboriginals continue to feel that Aboriginal adults are `hopeless' and cannot be changed, but Aboriginal children `have a chance' -- Link Up (NSW).
The Inquiry found that there are many reasons for the continuing high removal rates of Indigenous children. Indigenous young people come into conflict with the law due to policing and the administration of justice. Indigenous families and communities live in poverty, are provided with inadequate and usually inappropriate services and do not have decision-making power about the services they receive, particularly about how children and young people are dealt with.
The Inquiry found that Indigenous young people who come into contact with the child welfare system are more likely to come into contact with the juvenile justice system. Those who do, often don't receive equal treatment before the law. Indigenous young people generally receive harsher sentences than non-Indigenous youth, particularly when being sentenced to detention.
Self-determination and social justice are the keys
The Inquiry recommended that self-determination should be recognised for all Indigenous communities. Commonwealth, state and territory governments should work with ATSIC, SNAICC, the National Aboriginal and Islander Legal Service Secretariat (NAILSS) and the Aboriginal and Torres Strait Islander Social Justice Commissioner to draft legislation setting out a framework for negotiating regional or local agreements on self-determination about children and families.
The Inquiry found that some communities may want control of the child welfare and juvenile justice systems themselves -- the transfer of legal powers should be possible. Other communities may want to share powers with the state or territory. Others may want organisations or community councils to make certain decisions. Yet others may want to be responsible for community-based sentences for juvenile offenders. The range of choices is wide and every community should be assisted to choose what is right for itself.
The Inquiry recommended that the social justice recommendations of the Royal Commission into Aboriginal Deaths in Custody should be implemented and the Commonwealth Government should adopt a social justice package for children and families.
Minimum standards for states and territories
For those Indigenous children and young people who remain under the jurisdiction of the state or territory, the Inquiry recommended changes should be made. All governments should work with ATSIC, SNAICC, NAILSS and the Aboriginal and Torres Strait Islander Social Justice Commissioner to finalise these changes in law, policy and practice.
The Inquiry recommended some minimum `standards' and `rules'. Accredited Indigenous organisations should play a major role in setting and implementing the standards and rules. The process for accrediting organisations will also need to be negotiated.
These `standards' and `rules' are reproduced in detail under Recommendations.
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