Treatment of children in state care 1788-1969
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 includes Aboriginal children who were placed in institutions, boarded-out or in an apprenticeship.
Laws throughout the 1800s applied to Aboriginal and non-Aboriginal children. There are limited records that evidence how the laws impacted on Aboriginal children in practice.
The State Children Relief Act 1881 (NSW) () provided that children who were boarded-out and ran away from the place they were boarded, shall be liable to be ‘whipped (if a male) with a birch rod or cane and (whether male or female) to the punishment of bread and water’.
A number of other Acts provided penalties for the mistreatment of children (such as Children's Protection Act 1892 (NSW) (), Children's Protection Act 1902 (NSW) () and Infant Protection Act 1904 (NSW) ()). It is unclear whether people were prosecuted for the mistreatment of Aboriginal children in state care under these Acts.
The Neglected Children and Juvenile Offenders Act 1905 (NSW) () also allowed the punishment of children for absconding or ‘other misconduct’, however, it is not clear what would be considered misconduct.
The Aborigines Protection Act 1909 (NSW) () specifically allowed the punishment of Aboriginal children in an apprenticeship, for misconduct. Changes to this Act in 1915 allowed the Aborigines Protection Board (APB) to remove an Aboriginal child from an apprenticeship where they believed the ‘moral or physical well-being of such child is likely to be impaired’. The 1915 changes () also allowed the APB to remove Aboriginal children from the care of their parents on the same basis (see SUB0039).
The Aborigines Protection (Amendment) Act 1943 (NSW) incorporated a system of boarding out, adopted boarders and foster parents into the legislation (). The recently constituted Aborigines Welfare Board (AWB) had control of the accommodation and maintenance of any child admitted to its control.
While child protection legislation was in place to prevent the mistreatment of children, Aboriginal children within institutions or apprenticeships were often mistreated. The APB was aware of the mistreatment.
In 1935, the APB commissioned a report into Kinchela Boys Home (), which demonstrated that the boys were being mistreated (including being tied up, chased and whipped, and punished dietarily ()). It was also well known by the AWB and Parliament that young Aboriginal girls were being sexually assaulted in children’s institutions. Corporal punishment was used excessively in institutions and tolerated by the APB ().
The living conditions in government institutions were also poor, as limited funding was available to repair and expand accommodation (see APB Report ()). A number of case studies in this subject speak to the experiences of Aboriginal children in institutions in NSW.
In 1969, the Aborigines Act 1969 (NSW) () finally abolished the AWB . From this time the same child protection system applied to Aboriginal and non-Aboriginal children.