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Stolen Generation

Discussion in 'General Discussion Forum' started by byso, Jan 8, 2008.

  1. byso

    byso Well-Known Member

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    Stolen Generation could clean up in court
    By Carly Crawford
    January 08, 2008 12:00pm

    Govt refuses to compensate Stolen Generation
    Aboriginal leaders threaten lawsuits
    Interactive special: A culture in crisis

    MEMBERS of the Stolen Generation could pocket more cash from a co-ordinated lawsuit than from a proposed compensation scheme, lawyers say.

    Indigenous leaders revealed yesterday that Stolen Generation members from around the country were considering suing after the Rudd Government's refusal to compensate them.

    Some experts tip the action, inspired by a landmark South Australian case, could end up costing taxpayers more than the $1 billion being sought as compensation.

    Slater and Gordon lawyer Peter Gordon said a co-ordinated run of successful cases could leave the Government exposed to a bigger payout than a capped fund.

    "My suggestion is that test cases will be actioned and, if successful, the Government may crunch the numbers and end up deciding on a settlement."

    However Maurice Blackburn senior partner Ben Slade said any court action would most likely fail because of its complexity.

    "It's not inconceivable, but they (the Government) will have had legal advice that most people would fail," he said.

    Stolen Generation Alliance chair Christine King said the fight would go on despite the Government's refusal to match its planned apology with a payout.

    "That's the Government's policy but that doesn't stop the Stolen Generation from taking other avenues of redress, because this is a human rights issue and a social issue," Ms King said.

    She said indigenous leaders would meet later this month to talk about litigation, counselling, and ways to retrieve lost family history.

    An apology would not assist a legal fight for funds, she said.

    "The Stolen Generation has legal grounds for compensation anyway, because of the human rights violation," she said.

    "Everyone else has a right, when there's been a human rights violation, to go to the courts for compensation. But it seems that when it comes to Aboriginal people, it's 'No, it shouldn't happen'."

    The Herald Sun this week revealed the legal threat, which followed the Government's ruling out of compensation.

    Stolen Generation Victoria chair Lyn Austin said the pressure would be maintained.

    "(The Government) has said all along there would be no compensation. But Tasmania has set up a fund, and we will continue to push, because it was recommended in the (Bringing Them Home) report."

    Indigenous Australians are demanding a $1 billion compensation fund for those who can prove they were forcibly removed from their homes as children.

    South Australian man Bruce Trevorrow, 50, won more than $500,000 damages when a Supreme Court judge accepted his forced removal had caused his later depression.

    There are an estimated 13,000 members of the stolen generation, 80 registered in Victoria.

    Indigenous Affairs minister Jenny Macklin said the Government had other priorities.

    "We won't be creating a compensation fund. What we will be doing is putting the funding . . . into health and education services," Ms Macklin said.

    Finance minister Lindsay Tanner said individuals were free to pursue legal action if they chose.
     
  2. ManlyBacker

    ManlyBacker Winging it Staff Member

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    Maybe the government, on behalf of all taxpayers, should seek compensation from aboriginal communities for the cost of intervention, alcohol and rape trauma counselling services and providing foster care.

    However, the reality is that victims of sexual abuse have won compensation from Churches responsible for their care and the Stolen Gen probably have a good case. Their chance of success is hampered by the fact that in most instances the removal of a child was lawful at that time, and two previous cases before the Courts failed to find illegal activity. An individual did win a big compensation from the SA govt last year, and probably at an individual level there is more scope for success.

    The whole policy is an ugly one, but like today where intervention has been brought about due to child sexual abuse, most policies and subsequent Acts of Parliament came about due to mixed-race children being rejected and neglected by the local aboriginal community. Maybe we are laying the groundwork for further compensation cases from today's actions in 20 years time.

    Probably 100,000 kids were ripped from their parents, lost their family history, sometimes abused, and most often put in a position of providing servitude. Not a happy story. As it was an official policy I can't help but feel that there is a good case for compensation, but with any legal actions against governments - obtaining it can be a long painful process (think Nazi repatriation attempts etc).
     
  3. Matabele

    Matabele Well-Known Member

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    Next we could look at the legalised genocide that took place in this country. At least the Saafies only tried to segregate the races, not obliterate them.
     
  4. The Gronk

    The Gronk Well-Known Member

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    White man did the wrong thing and so it shouldn't be surprising that the people us whites treated so badly are legally entitled to compensation. We should pay them, because it is the right thing to do.

    And in the long run, if we show them that we are sorry for the past then that might help in fixing the problems of the present.
     
  5. Matabele

    Matabele Well-Known Member

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    So you're admitting to the genocide Gronk?
     
  6. The Gronk

    The Gronk Well-Known Member

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    Only someone beholden to trying to win ideological battles of the past would try to deny it happening.

    Oh hang on......he just got booted out of office didn't he!!!
     
  7. Fro

    Fro Well-Known Member

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    And I think he (Gronk) was acknowledging it, not admitting to it.

    Theres a big difference.
     
  8. Matabele

    Matabele Well-Known Member

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    Obviously Gronk didn't genocide anyone, but I'm astounded that the curriculum and official expressed history of this country ignores the whole tragedy.

    Is Australia the only Western Democracy that refuses to "officially" recognise a genocide? Maybe the Turkish slaughter of the Armenians is the only other one I can think of.
     
  9. Fro

    Fro Well-Known Member

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    well you can add it to the long list of many things about this country that you live in BY CHOICE astounds you.

    Keep it up Don Quixote, theres always another windmill
     
  10. The Gronk

    The Gronk Well-Known Member

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    I haven't genocided anyone yet, but I am open to suggestions.
     
  11. Matabele

    Matabele Well-Known Member

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    I'm an exile. In large part due to the pathetic intervention of Malcolm Fraser.
     
  12. Matabele

    Matabele Well-Known Member

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    Bogans
     
  13. clontaago

    clontaago Well-Known Member

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    I'm an exile. In large part due to the pathetic intervention of Malcolm Fraser.

    [/quote]

    Plenty of other countries you can be an exile in ------------
     
  14. Fro

    Fro Well-Known Member

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    I accept that you can't live in your home country, and I have no idea what that is like and can't begin to imagine it.

    But how is taking potshots at Australian history and the country in general going to help, i won't be as blunt as clon but you choose to live here, so it can't be that bad a place to be.

    Nobody in their right mind condones anything which has happened regarding the stolen generation.
     
  15. Matabele

    Matabele Well-Known Member

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    I'm an exile. In large part due to the pathetic intervention of Malcolm Fraser.

    [/quote]

    Plenty of other countries you can be an exile in ------------
    [/quote]

    speaking of bogans
     
  16. Matabele

    Matabele Well-Known Member

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    I'm not referring to the stolen generation. i'm referring to the wholesale slaughter of the native population in the 1800s to clear the way for white colonisation.
     
  17. Fro

    Fro Well-Known Member

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    The thread was about the stolen generation, but the statement remains, nobody with half a brain cell would condone that.

    And that sort of thing happened everywhere colonialism was happening, but I guess its ok happening anywhere else but Australia.

    So you are trying to make everyone here feel guilty for something that happened over 100 yrs ago, before Australia was even a country!!
     
  18. Matabele

    Matabele Well-Known Member

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    For context, I refer you to my initial statement in this thread.
     
  19. clontaago

    clontaago Well-Known Member

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    I'm an exile. In large part due to the pathetic intervention of Malcolm Fraser.

    [/quote]

    Plenty of other countries you can be an exile in ------------
    [/quote]

    speaking of bogans

    [/quote]

    Brilliant comeback as usual.
     
  20. The Gronk

    The Gronk Well-Known Member

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    I know you are but what am I
     

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