The purpose of this law was to make provisions with respect to matters concerning 'Aborigines' and to repeal other Acts, including the *Aborigines Protection Act 1909* (NSW).

Aborigines Act 1969 (NSW)

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

Apprenticeships and service under the Aborigines Protection Act

Following the end of the Aborigines Protection Act 1909 (NSW) in 1969, placement of Aboriginal children in foster home and out-of-home care was governed by general child welfare laws. There has been an increasing focus on maintaining familial and cultural connections.

Foster homes and out-of-home care 

Specific laws for the removal of Aboriginal children ended in 1969. From this time Aboriginal children were placed under the child welfare system used for all children in NSW. However, the grounds for removal have resulted in a disproportionate impact on Aboriginal children and their families.

Contemporary grounds for child removal 

This subject examines the forced boarding-out and fostering of Aboriginal children once they were removed from their families. The process of boarding-out involved government agencies paying an allowance to foster parents for the care of children.

Forced boarding-out and fostering of children in state care 

The introduction of the Aborigines Act 1969 (NSW) (DOC0034) ended the system of reserves and stations in NSW. The Federal government became responsible for Aboriginal children.

Closure of reserves/stations 

Changes in law and policy since 1987 have increasingly recognised the importance of family contact for Aboriginal children forcibly removed from their homes and placed into state care.

Facilitating family contact

This subject examines the treatment of children in the care of the NSW government between 1788 and 1969. It explores the law and policy that regulated the treatment of children and documents that discuss experiences of people who were in the care of the state during this period. State care...

Treatment of children in state care 

Placement of Aboriginal children in out of home care with non-Aboriginal families has played a major role in breaking cultural links, including to languages.

Contemporary placement of Aboriginal children with non-Aboriginal families 

Dispossession and displacement of Aboriginal people separated them from their Country and culture. This had a significant impact on Aboriginal languages.

Impact of 'protection' and assimilation laws 

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

Since 1969, Aboriginal children have been governed by the same child welfare laws as other children in NSW. These laws allow for appeals against child removal orders. This period has also seen a growing recognition of the importance of Alternative Dispute Resolution processes. 

Families' rights following child removal 

Developments in law and policy have seen a shift from Aboriginal children primarily being adopted by non-Aboriginal families, towards permanently placing Aboriginal children with Aboriginal families. However, this attempt to preserve and promote cultural and familial identity in children needing care has not been as effective in practice as intended.  

Prioritising adoption by Aboriginal families

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

From the late 1960s, Commonwealth and NSW governments began to focus specifically on housing programs for Aboriginal people. Aboriginal people continued to experience barriers to accessing mainstream public housing.

Aboriginal housing programs begin

From the 1850s many Aboriginal people lived on reserves, often in homes they built themselves. From 1909 the reserves were owned by the Aborigines Protection Board, which built huts for housing. The Board sought to use housing as an assimilating tool. The poor condition of housing on reserves was recognised...

Housing on reserves

While adoption of Aboriginal children into European families happened in the early years of the colony, this was not regulated by law until 1923. Throughout this period, no law or policy had regard to the cultural needs of Aboriginal children being adopted.

Adoption by non-Aboriginal families

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, the Aborigines Protection Board and later the Aborigines Welfare Board had control over the labour of Aboriginal people living on reserves and could remove people from reserves if they determined they should be working off the reserve. Labour on reserves was often for no pay, unfair pay or...

Adult labour under the Aborigines Protection Act

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...

Child labour under the Aborigines Protection Act

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...

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