‘Modern-day Stolen Generation’ class action launched against WA Government

A class action has been launched against the WA Government targeting the removal of First Nations children — a practice described as creating a “modern-day Stolen Generation”.

It is alleged that since 1992, WA’s Department of Communities has engaged in “unlawful racial discrimination” against Aboriginal people which has allegedly resulted in the “unjust and unlawful” removal of Aboriginal children from their families.

Spearheading the class action is Shine Lawyers’ special counsel Caitlin Wilson, who said many of the families involved likened themselves to a “modern-day Stolen Generation”.

“First Nations children are consistently and significantly over-represented in out-of-home care, and at the present time, WA boasts the highest rate of over-representation in the country,” she said.

“This class action aims to mark the beginning of the end to this unjust and unnecessary separation.

“We do not move forward by repeating mistakes of the past.”

While Aboriginal people represent only 3-5 per cent of the WA population, Aboriginal children are 19.7 times more likely than other children to be removed from their families and placed in State care, according to the Secretariat of National Aboriginal and Islander Child Care’s 2023 Family Matters report.

They are also 19.4 times more likely to remain on long-term orders, with only around 8 per cent of Aboriginal children being reunified with their families.

The class action lodged on November 7 follows an Auditor-General’s report released in June which found the Department of Communities’ early intervention strategy had failed to reduce the number of Aboriginal children in State care.

In addition, a Productivity Commission annual data report on Closing The Gap released in July found young Aboriginal people living in remote areas experienced rising rates of suicide and placements in out-of-home care.

National Suicide Prevention and Trauma Recovery Project director Megan Krakouer said the class action was an “indictment” of the State Government.

“The systemic harm caused by modern-day Stolen Generations is devastating, with child removals increasing dramatically from 2000 in care in 1997 to a staggering 23,000 today,” she said.

“We are not an industry — our children are not statistics. The time to act is now. I have witnessed too many tears of families, of children, the power imbalance, and cultural theft. For every 10 children removed, only one is reunified. This is the black struggle.”

The firm has lodged a similar class action against the NSW Government and is also investigating Aboriginal child removals in South Australia and Victoria.

For culturally safe First Nations crisis support, you can give 13YARN a call on 13 92 76. They offer a free, confidential one-on-one yarning opportunity with an Aboriginal and/or Torres Strait Islander crisis supporter, 24 hours a day, seven days a week.

Lifeline: 13 11 14.