Punishment/penalties for refusing to cooperate 1788-1969
Aboriginal families were forced to cooperate with child removal practices by various methods, including legislated offences, threats and intimidation. This subject examines the punishments or penalties imposed on Aboriginal families during the process of child removal between 1788 and 1969. It also includes instances where families/children refused to cooperate with the child removal process.
Early laws, such as the State Children Relief Act 1881 (NSW) (), made assisting a child to escape an institution, or concealing an escaped child, an offence punishable with a fine of 20 pounds.
Similar offences were included in the Neglected Children and Juvenile Offenders Act 1905 (NSW) (). The law was often used by the Aborigines Protection Board (APB) to threaten parents when they failed to cooperate with other policies and rules, including the requirement that they send their children to an institution or into apprenticeships.
Under the Aborigines Protection Act 1909 (NSW) (), the APB controlled the reserves where many Aboriginal families lived and could remove people from reserves where they saw fit. Where families attempted to escape the APB’s control and leave the reserves, the APB threatened them with prosecution (). The APB also threatened families with prosecution for carnal knowledge, with reduced rations or expulsion from reserves.
Families also relinquished their children for fear of other children being taken. Aboriginal women were also prevented from accessing social security payments and required to return to work after having children, which contributed to instances of child removal ().
Due to the limited avenues of appeals for Aboriginal families (see SUB0046), many Aboriginal families protested the child removal policies. Common behaviour included leaving the reserves/missions to establish camps elsewhere () or resisting work in apprenticeships ().