This law amended the *Aborigines Protection Act 1909* (NSW) to make a number of changes relating to the constitution of the Aborigines Welfare Board, child removal, apprenticeships, among other matters.

Aborigines Protection (Amendment) Act 1940 (NSW)

The Aborigines Protection Act 1909 (NSW) was the first law in NSW that specifically authorised the removal of Aboriginal children from their families. It continued to exercise control over Aboriginal people and their children until 1969. Separate systems of child welfare existed for Aboriginal and non-Aboriginal children throughout this period.

'Protection' and assimilation era child removals

During the 1800s, laws did not specifically restrict family contact. However, the Aboriginal child removal policies of this era were centred around protection and then assimilation, which sought to remove all elements of Aboriginal culture from a child.

Barriers to family contact

Laws and policies specifically forced Aboriginal children into apprenticeships and domestic servitude.

Apprenticeships and service under the Aborigines Protection Act

Adoption of children was regulated from 1923, when the Child Welfare Act 1923 (NSW) was introduced. Since this time, the law has said that a parent or guardian must consent to their child being adopted. However, the Court can order adoption without consent in various circumstances.  

Adoption and consent

From the 1940s, there was a shift from policies of ‘protection’ to policies of ‘assimilation’ in NSW. This is reflected in an increase of adoption of Aboriginal chidren by the Aborigines Welfare Board.  

Adoption and assimilation

The law determined how much money Aboriginal apprentices should be paid for their work. Before 1941, these payment rates applied if there was no specific agreement between the apprentice and master. After 1941, all apprentices received the rates determined by the law. For Aboriginal people who were not apprentices, laws...

Remuneration

From 1909 to 1969, NSW laws allowed the Aborigines Protection Board to collect and keep the wages of Aboriginal people in trust accounts. This primarily impacted Aboriginal children who had been placed in apprenticeships. The system made it very difficult for people to access their wages. Labour practices such as...

Stolen wages system

From 1909 to 1969, the Aborigines Protection Board and later the Aborigines Welfare Board could remove certain Aboriginal children from their families under the Aborigines Protection Act. These children were placed in training homes and apprenticeships. Apprenticeships were used to separate Aboriginal children from their communities and assimilate them into...

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