Adoption and assimilation 1940-1965
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.
In 1940, the Aborigines Welfare Board (AWB) replaced the Aborigines Protection Board (APB) under the Aborigines Protection (Amendment) Act 1940 (NSW) (). This Act allowed Aboriginal children to be removed and become wards of the AWB if they were found to be ‘neglected’ or ‘uncontrollable’ under the definition within the Child Welfare Act 1939 (NSW) (see SUB0087).
During the 1940s and 1950s, the AWB faced a number of financial problems and was overwhelmed by the number of children being removed. The AWB began to increase adoptions of Aboriginal children out of their care as an ‘economic solution,’ as they could not afford to keep all children in government funded institutions or apprenticeships (see Australian Human Rights Commission) ().
As the AWB did not have guardianship responsibility for the Aboriginal children, adoptions were sought by the AWB but arranged by the Child Welfare Department (). The Child Welfare Department did not confirm whether the Aboriginal parents understood the consequences of consenting to adoption.
Adoptions increased dramatically between the 1950s and 1970s due to the policies of assimilation (). The Adoption of Children Act 1965 (NSW) () allowed adoption to take place without consent if a child’s guardian was deemed ‘unfit’ to discharge the obligations of a parent or guardian. This allowed the AWB to apply to the Children’s Court to waive consent, making it easier to adopt Aboriginal children into a new family.
There was no mention of Aboriginal people in this Act or in the debate in the Legislative Assembly ().