This article examines the impact that child welfare interventions have on Indigenous children. The data shows that child welfare interventions are consistently more intrusive for Indigenous children. 

Clare Tilbury, ‘The Over-Representation of Indigenous Children in the Australian Child Welfare System’ (2009) 18(1) International Journal of Social Welfare, 57– 64.

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 

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

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 

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 

From 1987, laws and policies began to incorporate the Aboriginal Child Placement Principles (ACPPs), which aim to prioritise the placement of Aboriginal children with their extended family or kinship group, members of their Aboriginal community, or local Aboriginal families and involve Aboriginal families and organisations in decision-making about placement. However,...

Document

Clare Tilbury, ‘The Over-Representation of Indigenous Children in the Australian Child Welfare System’ (2009) 18(1) International Journal of Social Welfare, 57– 64.

Contemporary grounds for child removal

'Protection' and assimilation era child removals

Foster homes and out-of-home care

Families' rights following child removal

The Aboriginal Children and Young Persons Principle and Child and Young Person Placement Principles