National strategy to eliminate over-representation of

Aboriginal and Torres Strait Islander people in out-of-home care

26 May 2017

The Law Society of NSW is calling for a national strategy to improve the safety and well-being of Aboriginal and Torres Strait Islander children and eliminate their over-representation in out-of-home care.

The federal and state and territory governments must take immediate action to implement this and other outstanding recommendations of the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families.

"It is 20 years since the release, of the Bringing Them Home Report yet many vital recommendations have not been implemented," The Law Society of NSW chief executive officer Michael Tidball said.

"Adequate support is needed for the individuals, families and communities who suffered loss and pain because of the forcible removal of Aboriginal children."

Mr Tidball said more investment was needed for preventative measures and to enhance the role of Aboriginal and Torres Strait Islander community controlled services, to reduce the number of Aboriginal and Torres Strait Islander children who are removed from their families.

Aboriginal and Torres Strait Islander children are seven times more likely than non-Aboriginal and Torres Strait Islander children to have received child protection services, according to 2015-16 Australian Institute of Health and Welfare figures.

"The restoration of Aboriginal and Torres Strait Islander children with their families must be a priority," Mr Tidball said.

"Legislative and policy reform is also needed to ensure Aboriginal and Torres Strait Islander communities participate in decision making regarding the care and protection of children as well as a greater focus on maintaining family and cultural connections when considering the best interests of a child."

Funding should also be directed towards employment, housing, health, aged care and justice to help Aboriginal and Torres Strait Islander people overcome disadvantage linked to past forcible removal, Mr Tidball said.

The Law Society of NSW welcomes the Federal Government's $138 million investment into education for Aboriginal and Torres Strait Islander people. We also welcome the NSW Government's reparations scheme for Stolen Generations survivors.

"The NSW Government should act swiftly so Stolen Generations survivors, whose aging and health conditions put them at risk, do not miss out on these reparations," Mr Tidball said. "More can also be done to address the specific needs of descendants of Stolen Generations survivors who are no longer alive."

The Law Society of NSW looks forward to the outcome of the Uluru summit into constitutional recognition. The outcome will be taken into account in a submission to the Referendum Council.

Media Contact: Marianna Papadakis 02 9926 0288 or 0413 440 or media@lawsociety.com.au

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