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Tasmanian stolen generation Act a substantial step towards justice for Aboriginal peoples

29 November 2006 - HREOC Media Release - The Human Rights and Equal Opportunity Commission has congratulated the Tasmanian Parliament for passing the Stolen Generations of Aboriginal Children Act 2006 today, saying it was a substantial step towards justice for Aboriginal peoples and would significantly enhance the reconciliation process in Tasmania.

HREOC President John von Doussa said: "I would like to congratulate the Tasmanian Government for the leadership it has shown in developing this package, which seeks to address the legacy of past policies and practices of forcible removal of Aboriginal children".

"This Act compliments the solid record of the Tasmanian Government in addressing the consequences of previous government policies and practices relating to the forcible removal of children."

This record includes an apology to Aboriginal peoples of Tasmania in 1997, and the subsequent hand-backs of land on Cape Barren Island (to where many Aboriginal people had been removed) and Bruny Island.

Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma also commended the Tasmanian Government for their process of engagement with Aboriginal peoples in developing the package of measures reflected in the Act.

"It is pleasing to see the government’s commitment to streamline the claims process under the Act, such as waiving all charges associated with accessing files in archives, as well as child protection, adoption, births, deaths and marriage records. These costs have provided significant barriers to the accessibility of records in other states and territories," said Commissioner Calma.

"I also welcome the related government commitments to provide counselling services to those accessing their records and assistance with tracing family histories."

The Commission encourages the Tasmanian Government to ensure that the claims process established by the Act enables swift settlement of claims and does not set the evidentiary burden so high that Aboriginal claimants are re-traumatised by the claims process itself.

"In particular, I hope that the claims process established by the Act will be transparent and fair in determining eligibility to claim compensation and that it will not lead to increased tensions within the community on the basis of contested claims of Aboriginality," said Commissioner Calma.

The Commission also encourages the government to ensure that all Aboriginal people who have cultural and heritage ties to Tasmania are considered through the legislation.

Source: HREOC

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