Part 3 Consequences of Removal Chapter 10 Children’s Experiences

because it differs from a perceived dominant cultural norm. In other words, if Indigenous child-rearing is seen as pathological or abnormal, Indigenous families will be more liable to intervention by social workers, police and courts. Assimilation can become an implicit result as the values of the dominant group are imposed on Indigenous people.

As well as differences in child-rearing practices, there are significant differences in family structures between Indigenous societies and the dominant culture. A survey of Indigenous people conducted by the Australian Bureau of Statistics in 1994 (the 1994 ABS survey) showed that Indigenous youth (15 to 24 year olds) have different household relationships with their parents than non-Indigenous youth. Less than half (45%) of Indigenous youth lived with their parents compared to nearly two-thirds of non-Indigenous youth. Indigenous youth were more likely than non-Indigenous youth to live as partners in a relationship (21%), to be lone parents (9%) or to live with other relatives (14%).

There were also significant differences in family structure for Indigenous children aged 10 to 15 years compared to non-Indigenous children in the same age group. The 1991 census showed that over one-third (37%) of these Indigenous children lived in single parent families, compared to 13% of non-Indigenous children in the same age group; over one-third (36%) lived in an extended family unit, compared to 1.5% of non-Indigenous children in the same age group; and the typical size of these households was nearly twice the size of non-Indigenous households (4.6 persons compared to 2.6) (Groome and Hamilton 1995 page22).

Different cultural patterns such as familystructure and child rearing practices can lead to poor service provision or pooraccess to entitlements. The Report of the Aboriginal Women’s Task Force noted that extended family responsibilities in child-rearing lead to situations where women with responsibilities for child-rearing, such as grandmothers, were not necessarily receiving entitlements such family allowances (Daylight and Johnstone 1986 pages 31-32). The attitudes of non-Indigenous staff in government agencies with a direct role in the provision of services for Indigenous people also need to be considered. The attitudes which governed the management of Aboriginal children during the first two-thirds of the twentieth century may have changed officially but may still influence the way services are administered (ALSWA submission127).

Cultural difference is also evident in the ethnocentric assessment of Indigenous parenting and family structures by welfare departments. From the late 1970s studies have identified the ethnocentric nature of social background reports and psychological tests administered to Aboriginal young people coming under state supervision (Milne and Munro 1981). The reports displayed prejudices in relation to Aboriginal culture, family life and child rearing practices through descriptions of ‘dysfunctional families’ and ‘bad home environment’ (Galeet al 1990 page 102,Carrington 1993 page48).

Ethnocentric assumptions about family structure, individual and family dynamics and cultural values lead not only to unnecessary interventions but also to inappropriate arrangements for children in substitute care. Recurring themes are,

• the implicit or explicit interpretation of extended familial responsibility as ‘abandonment’ or ‘inadequate supervision’,

• the implicit or explicit interpretation of travel to maintain familial and cultural relationships and responsibilities as ‘instability’,

• differences in the level of freedom and responsibility accorded to Indigenous children interpreted as ‘lack of supervision’ or ‘lack of control’ over children, and

• the cultural biases which become incorporated in assessments and reports may be used to justify more interventionist decisions by child welfare and juvenile justice agencies as well as decisions in relation to matters such as child removal, adoption and custody.

Cultural factors were also examined in the 1994 ABS survey. The results point to the importance of Indigenous culture in the lives of young people. Over two-thirds (68%) of Indigenous youth had attended cultural activities in the previous 12 months. Over half (56%) identified with a clan, tribal or language group. Just over 70% recognised particular homelands.1 Almost one in five Indigenous young people spoke an Aboriginal or Torres Strait Islander language and for 13% an Indigenous language was the main language. In rural areas, 42% of young people spoke an Indigenous language and for 38% of youth in rural areas an Indigenous language was the main language spoken (ABS 1996 pages 2-5). The results of the survey point to the active role played by culture in the lives of Indigenous young people and the active part played in cultural life by Indigenous youth.

Domestic violence The Inquiry was told that domestic violence is a problem in many communities (ALSWA submission page 322). It particularly affects Indigenous women and their children. The failure to deal with domesticviolence and the failure to meet the legal needs of Indigenous women for protection against violent spouses inevitably affects the children and young people of families where violence is a problem. According to the 1994 ABS survey, many Indigenous young people identified family violence as a problem in their area. This view was more pronounced among Indigenous young women than young men (47% compared to 36%) (ABS1996 page 23).

The majority of Indigenous children ‘find high levels of warmth, acceptance, support and personal security in their homes. There are, however, Indigenous homes where there is violence and abuse. We met a number of young people who left their homes because of the unbearable tensions within them’ (Groome and Hamilton 1995 page 28). Research has found a connection between a range of juvenile offences, problem behaviour such as truanting and domestic violence in the home (Beresford and Omaji 1996 page 45).

Domestic violence is a frequent feature in welfare department interventions into Indigenous families. Domestic violence may cause the child’s home or a relative’s home to be assessed as unsuitable for the child. The mother of the child may be in hospital as a

result of domestic violence and the department may intervene while the child is in alternative care. The mother may be in a refuge as a result of domestic violence and be assessed as having unsuitable accommodation. Frequently domestic violence is one of the many stresses affecting a mother’s capacity to look after her children. Many communities have identified domestic violence as a serious problem affecting children’s well being.

The most frequently cited example of child abuse was in the contextof an incident of domestic violence, inwhich childrenwere frightenedofthe situation and ran away scared. The children almost always ran away to their kami (grandmother) (Harrison 1991page9).

Alcohol and substance abuse Domestic violence often occurs in conjunction with alcohol and other substance abuse. Alcohol is a factor in a very high number of welfare and criminal justice interventions in Indigenous families. It is associated with incapacity to care for children, violence, lack of money for food and other essentials, stealing, poor health and many other problems. The relationship between alcohol and other substance abuse and intervention by child protection and criminal justice agencies is undisputed.

Substance abuse is a major problem for Indigenous young people in some communities (Beresford and Omaji 1996 pages 134-6). It can lead to intervention by welfare or juvenile justice authorities.

The criminal justice system continues to remove Aboriginal childrenfromtheir families. In a stunning illustrationof this,recently a 15 year oldboy,withno criminal history approached a police station in the farwestof New SouthWaleswith the proceedsfrom a recentbreak, enter and steal. He claimed to havebeen responsible for the crime. He asked to be lockedup and taken away from hiscommunity ‘so I canget away from the petrol sniffing’. The police obliged andhe wasrefusedbail and prosecuted.Subsequently, information revealed that he hadnot committed the crime at all. Rather,hehad simply takenhimself to theonly community serviceoption in the townwhichhefelt coulddo something about hisdesire to ‘get away from the petrol sniffing’.

Thefact that a 15 year old boy found it necessary to go to the criminal justice system in order to get assistance for a social/medical problem is an appalling situation(Western AboriginalLegal Service (BrokenHill) submission775).

Communities in WA have attempted to use by-law making provisions under the Community Services Act 1979 (WA) to control the sale and distribution of alcohol. They have been hindered by delays in proclaiming their communities as ‘communities’ under the Act and in processing and approving by-laws. Some communities which have requested assistance to become dry have been forced to wait for years (Crough and Christophersen 1993 page 126). Others, however, in the Northern Territory and WA have successfully worked with the FederalRace Discrimination Commissioner to restrict the supply of alcohol to their members.

Indigenous women are looking at all avenues to address alcohol abuse. Some of

their initiatives include programs to help men, ‘beat the grog’ campaigns, Alcoholics Anonymous, training alcohol counsellors and night patrols. Alcohol and other substance abuse such as petrol sniffing are at the heart of social problems and exist at crisis proportions in some communities.

Health Alcohol and substance abuse is not the only health issue. Poor health, the failure of governments to remedy environmental health problems and mental illness are all parts of life for many Indigenous people including children and young people (submission 127 pages 157-68). Article 24 of the Convention on the Rights of the Child declares the right of children to the enjoyment of the highest standards of health and to facilities for the treatment of illness and rehabilitation of health.

The 1994 ABS survey showed that one-quarter of Indigenous youth reported a long-term illness or condition. The major illness reported was asthma, followed by ear or hearing problems, skin problems and chest problems (ABS 1996 page 6).

Hearing loss is endemic in Indigenous children and linked to poverty. The incidence varies between areas, but an estimated minimum of 20% of Indigenous pupils in urban areas are affected by marked hearing loss resulting from otitis media. ‘Problems with hearing are one of the major causes of low performance in language skills among Aboriginal children and can also be related to behavioural issues’ (Groome and Hamilton 1995 page 25). Numerous reports, including those of the Royal Commission into Aboriginal Deaths in Custody and the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs, have drawn attention to the connections between hearing loss, behavioural problemsand intervention by juvenile justice or welfare agencies (National Report 1991 Volume 2 pages 364-8, Houseof Representatives Standing Committee on Aboriginaland Torres Strait Islander Affairs 1994pages325-31).

Poor nutrition is a direct cause of many diseases. Often poor nutrition in childhood combined with substance abuse such as petrol sniffing leads to serious adulthood diseases and disability. Welfare interventions in Indigenous families are frequently related to poor nutrition. For example Indigenous children are severely over-represented in cases of ‘failure to thrive’, one of the most common reasons for neglect orders being sought for children under two years. Indigenous children with disabilities are the most likely to be placed in non-Indigenous substitute care and in juvenile detention centres.

The Aboriginal Mental Health Unit (NSW)commented upon the impact of forcible removals on Indigenous people’s mental and general health.

Presenting issues arise predominantly frommajor griefor loss, trauma, the consequences of familymembers’ removal and disruption of the strong bonds of family and kinshipwhich characterised Aboriginalculture … we believe that it hasbeen the singlemost significant factor in emotional and mental health problems which in turn have impacted on physical health (submission 650page 4).

Stress is another health issue which affects Indigenous families. It is related, among other factors, to living in poverty and to unemployment and under employment. In the 1994 ABS survey nearly 30% of individuals aged 15 years and over reported worrying about going without food. This worry was particularly prevalent in households where no-one was working and where there were dependent children (ABS 1995a page 13).

Housing The Inquiry was told that ‘without housing, an individual’s education, economic and socio-cultural developments are severely curtailed. Without adequate housing, family cohesion and ability to care for children is severely inhibited’ (ALSWA submission 127 page x). Aboriginal people have problems accessing adequate housing primarily for three reasons.

Firstly, the most significant influences are the philosophy,policies and practices of Homeswest. Secondly, thedifficulty in obtaining adequate private rental accommodationdisadvantages Aboriginalpeople. Thirdly, the practice of allocatinghousing to Aboriginal communities often in remote and fringe areas of the State furtherdisadvantages them (ALSWAsubmission127page 118).

The WA Aboriginal Legal Service criticised Homeswest’s policies on eviction and threatened eviction. ‘[M]any of the policies of Homeswest amount to direct and indirect discrimination against Aboriginal applicants and tenants’ (submission 127 page xi). It drew attention to the high level of discretion at the regional level in placing Aboriginal families and argues that Aboriginal peopleare treated less favourably (submission 127 pages 121-148). ‘There are places in the Pilbara and Kimberley regions where the state of housing can only be described as unacceptable for human habitation’ (submission 127 page 152). Other reports and inquiries have drawn a similar picture of Indigenous housing throughout Australia.2

Unsatisfactory housing can have a direct link with the removal of Indigenous children and young people.

It’s really awful. It is so difficult to try to bring up my children and send them to school when I am moving fromone placetoanother. Since I was kickedoutof Homeswest accommodation I haven’t been able tofind any accommodation. I liveonSocial Security and I havetwo children whoare inhigh school. It ishard enoughforour childrento stayat school but when they have to move from school to school because we need to moveand have a roofoverour heads, it isvery unsettlingfor them. That’s whyI have onlygotthetwo older boys. My daughter who isonlytenlives withanauntyof mine in B. I wantedto look after her but some social worker fromtheDepartment saidthat it was best if we stayed in one place for my daughter’s development. I was too scared to arguewith the social worker because I know what the Department canbe like.

Quoted by ALSWA submission 127 on page 117.

According to the 1994 ABS survey, some95% of Indigenous young people lived in

private dwellings, of which three-quarters were rented. The percentage of Indigenous youth in rental accommodation was about twice the national youth average. Indigenous young people were far less likely to have the security offered by home ownership. In addition, about one-third of all Indigenous young people living in private dwellings stated that the accommodation was unsatisfactory. The main problems reported were the need for repairs, not enough bedrooms and not enough living space (ABS 1996 page 12). Indigenous families are 20 times more likely to be homeless than non-Indigenous families (Dodson 1996 page 79).

Employment and income The national picture of Indigenous employment and income shows little improvement in recent years.

The 1994 ABS survey reveals that despite efforts to increase the status of the Indigenous labour force to that of the general population there was no movement in this direction during the early 1990s. Most new jobs for Indigenous people were connected with the expansion of Community Development Employment Programs (CDEP). One result of the reliance on CDEP employment has been a greater level of part-time employment among Indigenous workers than among the general workforce (ABS 1995b page 1). The 1994 review of the Aboriginal Employment Development Policy found that Indigenous people were three times more likely to be unemployed and experience greater longer-term unemployment, the employment situation of Indigenous men had worsened in urban areas, average incomes had declined relative to the national average and there had been no reduction in welfare dependency (cited in ABS 1995b page 7). Family income levels are significantly influenced by employment levels.

The 1991 Census showed that 60% of single parent Indigenous families had incomes of less than $20,000 a year, compared to 43% on non-Indigenous single parent families. Half (51%) of two parent Indigenous families had incomes of less than $30,000 a year, compared to 20% of non-Indigenous two parent families. Yet Indigenous families are on average nearly twice the size of non-Indigenous families (Groome and Hamilton1995 page 24).

According to the 1994 ABS survey, the proportion of Indigenous youth employed or looking for work (the labour force participation rate) was 58%. Of these, nearly half were unemployed (47%). The unemployment rate of Indigenous young people aged between 15 and 19 years was 50%, more than twice that of all Australian youth (22%) (ABS 1996 pages 16-17). The level of unemployment among Indigenous young people is an important indicator of the likelihood of coming into contact with juvenile justice agencies (Galeetal1990, Walker and McDonald 1995).

Of those Indigenous young people who were employed, some one-third were working on CDEP projects. In rural areas, over 62% of young people employed were on CDEP projects (ABS 1996 page 17). Nearly half of the Indigenous young people surveyed by the ABS were dependent on someform of government payment as the main

source of income. For 29% the main source of income was through employment. Another 21% reported no income at all (ABS 1996 page 21).

The fact that one in five young people report no income at all is a disturbing feature likely to increase the probability of criminalisation. The Royal Commission into Aboriginal Deaths in Custody drew attention to the large number of Indigenous young people who could not find work and the apparent relationship between unemployment and contact with juvenile justice agencies (National Report Volume 1 page 378). The 1994 ABS survey found that higher rates of arrest contribute to lower employment rates in the Indigenous population, particularly for male teenagers (ABS 1995b page 2). The survey ‘established a strong negative relationship between arrest rates and subsequent employment outcomes … The analysis found that, all other things being equal, the fact of having been arrested within the previous five years prior to the survey reduced the chances of employment by half’ (ABS 1995b page 2). In other words, unemployment among those who were arrested was double the rate of those who had not been arrested. The issue is particularly important because nearly 40% of Indigenous male youth reported being arrested during the previous five years (ABS 1995b page 40). Unemployed persons, adults and youth, also reported a higher proportion of multiple arrests than those who were employed (ABS 1995a page58).

Education A number of submissions to the Inquiry drew attention to the relationship between past racist policies and practices in education which excluded or marginalised Indigenous children and contemporary low secondary school retention rates and low participation rates in tertiary education. Truanting and early school leaving are intimately connected with the likelihood of child welfare and juvenile justice intervention (NSW AECG submission 362 page 4, ALSWA submission127page 185).

Past educational policies have contemporary consequences.

In our recentpast, the education and training system … have been tools tosystematicallystrip Aboriginal communities ofnot only our culture,but the living heartofour communities, our children … Schoolswere notonlyused to deny Aboriginalchildren a culturally appropriate educationwhether separated ornot, theywere alsoused as points from which Aboriginalchildren were ‘removed’ (NSWAECG submission 362page 1).

Until comparatively recently, several jurisdictions had ‘policies of not allowing Aboriginal children to attend country schools if the local whites protested. Schools which did admit Aboriginal students usually practised a strict physical segregation in classrooms. Both these practices, which highlight more obvious forms of institutional racism, occurred within the memory of many of the parents of today’s adolescents’ (Groome and Hamilton 1995 page 20). In Western Australia, where Aboriginal children were excluded from schools until the 1950s, ‘a cross generational pattern of alienation from schools as white institutions [has] resulted from the policies’ (Beresford and Omaji 1996 page 54).

During the early part of the twentieth century there was a belief, reinforced by psychologists and educators, that Indigenous students only had a limited ‘mental ability’. Although these views have been discreditedas science they still ‘appear to enjoy currency among some teachers’ (Groome and Hamilton 1995 page 57). Where ‘special classes’ exist, Aboriginal students are more likely to be drafted into them on the basis of Aboriginality rather than need (Groomeand Hamilton 1995 page 42). The Inquiry was told that the contemporaryover-representation of Indigenous children and young people among students who are suspended or excluded from schools reflects the earlier history of educational policies towards Indigenous people (NSW AECG submission 362).

In WA, Beresford and Omaji argue that the over-representation of Indigenous young people in school suspensions requires an investigation into a range of factors including the cultural appropriateness of the rules, the cultural compatibility of the learning styles adopted, the nature of racism in the school and social disadvantage factors. Disengagement of Indigenous children and young people from school is in itself likely to set-up young people for intervention by welfare and juvenile justice agencies either because of truanting or through the more general connection between non-attendance at school and juvenile offending (Beresford and Omaji 1996 page 69).

There is a documented lack of educational achievement by Indigenous children when measured by attendance, retention and attainment levels. Schools and teachers fail to provide Indigenous students with the educational experiences the students and their parents expect (Groome and Hamilton 1995 page xii). While there has been some increase in retention rates and participation in post-secondary education and training, the rates are still much lower than average (ABS 1995b page 2).

According to the 1994 ABS survey, 81% of Indigenous 15 year olds reported attending school compared to 92% of all Australian 15 year olds. For 16 year olds the proportions were Indigenous 57%, total 80%; and for 17 years old they were Indigenous 31%, total 60% (ABS 1996 page 13). Retention rates were higher for Indigenous girls and there were marked variations in retention rates between jurisdictions (Groome and Hamilton1995 page 6).

No other national figures of attendance rates are available. However, South Australian figures for 1993 show that the average attendance rate for Indigenous children at primary school was 85.5% compared to 93.1% for the total population. The comparable figures for secondary school were Indigenous 78.4%, total 89.4%. The attendance rate for Indigenous girls was lower than for boys. ‘The implications of these figures are that Aboriginal students are likely to lose between two and four years of schooling through absenteeism. Rates for the total population are less than half these’ (Groome and Hamilton1995 page 3).