What is the WA First Nations Child Removal Class Action about?
The class action alleges that the Department’s conduct amounts to unlawful discrimination of First Nations peoples by way of the Department’s conduct in:
investigating and making inquiries and/or assessments of parents or carers; and/or
removing children from their families and failing to place them with other family, kin or community; and/or
failing to provide appropriate supports to children and families; and/or
failing to reunify children with their families.
This has caused ongoing hurt, harm, humiliation, and distress for First Nations communities, and a loss of connection to culture or cultural standing for the families that have been affected.
The focus of our class action is not on the reasons for removal itself, but on the conduct of the Department prior to and following the removal of a First Nations child from their family.
Can I join the WA First Nations Child Removal Class Action?
To be eligible to join the class action, the Department’s conduct must have occurred in WA, on or after 5 March 1992, and you must be:
A First Nations child who was removed from your parents or carers by the Department and either:
not placed with other family, kin or community; and/or
not reunited with your family after your removal; or
A First Nations parent or carer:
whose child or children were removed from your care by the Department and either not placed in with other family, kin or community and/or were not reunited with your family after the removal; or
A First Nations parent or carer:
whose child or children were not removed from your care, but were investigated by the Department and experienced hurt, harm, distress and/or humiliation because of the investigation; or
A First Nations person who:
was nominated to care for the child and was not assessed by the Department or had their application refused.
If you meet the above criteria, you are encouraged to register for this class action.
If you had dealings with the Department in another state, you can join our:
How to register for the WA First Nations Child Removal Class Action
To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form.
Background
For thousands of generations, First Nations families and communities raised their children strong and safe in their culture. Today, First Nations children and young persons are significantly overrepresented at every point of the child safety system, from notifications to investigations, removals into out of home care, and permanent removals.
Despite multiple reviews and inquiries into the system of child protection over the last 30 years, the over-representation of First Nations children in out of home care has increased in every jurisdiction in Australia.
It is alleged that the widespread removal of First Nations children from their families – known as the Stolen Generations – has not ceased, but rather, has continued under the guise of legislative intervention in each State.
Frequently Asked Questions
Where can I go if I need support?
We understand that the issues raised in this class action can be triggering or distressing for those that have been impacted by the removal of a child, or who were themselves removed from their families as a child.
If you, or someone you know could use support, we encourage you to connect with 13YARN on 13 92 76 and talk with an Aboriginal or Torres Strait Islander Crisis Supporter. 13YARN are available 24 hours a day, seven days a week.
What are the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles?
The Aboriginal and Torres Strait Islander Child Placement Principle (ACPP) recognises the importance of connections to family, community, culture and Country in child protection legislation, policy and practice.
The five core elements of the ACPP are: prevention, partnership, placement, participation and connection.
Placing children into out of home care in accordance with the ACPP revolves around a placement hierarchy:
with Aboriginal and/or Torres Strait Islander relatives or extended family members/kin;
with Aboriginal and/or Torres Strait Islander members of the child’s community;
with Aboriginal and/or Torres Strait Islander family-based carers; and
if the above options are not available, as a last resort, an Aboriginal and/or Torres Strait Islander child may be placed with a non-Aboriginal / non-Torres Strait Islander person.
The ACPP is reflected to varying degrees within the applicable State legislation.
It is alleged that the Department has failed to place First Nations children with other willing family members, and in doing so, failed to comply with the ACPP specifically.
What are the consequences of Aboriginal children being put into out of home care?
Being deprived of the opportunity to have connection with extended family, kin and community damages Aboriginal peoples’ connection to culture, and negatively impacts all aspects of their lives. It leads to poor mental health, substance, eating and personality disorders, lower education attainment, higher levels of homelessness, higher rates of chronic health conditions and morbidity and higher suicide rates.
Will the Department know that I have registered for the class action?
No. Signing up for the class action is confidential, and your details will be kept confidential by Shine Lawyers. They will not be disclosed to the Department (or anyone else) without your express permission.
Does it matter what the Department’s reasons for removal were?
We understand that in many cases, the Department is alleged to have been removing First Nations children from their families for trivial reasons, which is distressing. However, the reason for the removal (or your interaction with the Department) does not impact your ability to register for the class action. The class action looks at the Departments conduct at various stages and is not limited to removals only.
We are concerned with the impact of Departments’ policies and procedures on First Nations families before, during and after removal and in the ongoing case management – regardless of reasons for removal.
Can Shine Lawyers help me get my children back?
Unfortunately, Shine Lawyers are unable to assist or advise you with respect to any of your past, present or future interactions with the Department. The purpose of this class action is to shine a light on the injustices that Aboriginal and Torres Strait Islander children and families are experiencing directly as a result of their interaction with the child protection departments, and obtain compensation for children, parents and family members who we allege have been wronged by them.
Do I have to be the biological parent of a child that was removed to sign up for the class action?
No. We recognise that the First Nations kinship system and extended family structure is unique and pivotal to identity formation, cultural understanding and belonging.
As the First Nations family system is different to the nuclear or immediate family structure common in Western society, those vested with the caring responsibility of First Nations children extend beyond the immediate family group and may include aunts, uncles, cousins and grandparents.
These people, along with others who had the responsibility of caring for a First Nations child who was removed from their care, are eligible to register their interest in the class action.
I don’t identify as a First Nations person/s and I've suffered institutional abuse from the DCJ, DOCS, DCP, DFFH or a different government department
If you, or someone you know has been impacted by the removal of a child by either:
the Department of Communities and Justice in New South Wales (DCJ)
the Department of Communities in Western Australia (DOCS)
the Department of Families, Fairness and Housing in Victoria (DFFH) and/or
the Department of Child Protection in South Australia (DCP)
and you don’t identify as a First Nations person/s, our expert abuse law team may also be able to help you with an institutional abuse law claim.
Similarly, if you, or someone you know has suffered mental, physical or sexual abuse by a member of another government department that hasn’t been mentioned, our expert abuse law team may also be able to help you with an abuse law claim.
To find out if you have an eligible claim, use our free online booking tool here.
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the WA First Nations Child Removal Class Action team
Shine Lawyers’ First Nations Child Removal Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
