Editing Stolen Generations (section)

==Legal cases and compensation==

The states all have redress schemes: first [[Tasmania]] (2006), followed by [[Western Australia]] (2007), [[Queensland]] (2012), [[South Australia]] (2015), [[New South Wales]] (2017)<ref name=cscomp>{{cite web |last=Korff |first=Jens |title=Compensation for Stolen Generation members |website=Creative Spirits |date=1 June 2021 |url=https://www.creativespirits.info/aboriginalculture/politics/stolen-generations/compensation-for-stolen-generation-members |access-date=6 August 2021 |archive-url=https://web.archive.org/web/20231201073014/https://www.creativespirits.info/aboriginalculture/politics/stolen-generations/compensation-for-stolen-generation-members |archive-date=1 December 2023}}</ref> and [[Victoria (Australia)|Victoria]] (2022),<ref name=abcvicrep/> while a redress scheme for the [[states and territories of Australia|territories]], formerly controlled by the [[Commonwealth Government]], was announced in August 2021.<ref name="Tillett 2021">{{cite web |last=Tillett |first=Andrew |title=Closing the Gap: Scott Morrison unveils Stolen Generation redress scheme |website=[[Australian Financial Review]] |date=5 August 2021 |url=https://www.afr.com/politics/federal/redress-scheme-to-fix-shameful-chapter-pm-20210805-p58g2w |access-date=6 August 2021}}</ref><ref name="Roberts 2021">{{cite news |last=Roberts |first=Lauren |title=NT Stolen Generations Aboriginal Corporation welcomes $378 million redress scheme |work=[[ABC News (Australia)|ABC News]] |publisher=[[Australian Broadcasting Corporation]] |date=5 August 2021 |url=https://www.abc.net.au/news/2021-08-05/nt-stolen-generations-aboriginal-corporation-redress-scheme/100351750 |access-date=6 August 2021 |archive-url=https://web.archive.org/web/20240208044014/https://www.abc.net.au/news/2021-08-05/nt-stolen-generations-aboriginal-corporation-redress-scheme/100351750 |archive-date=8 February 2024}}</ref>

For victims of [[sexual abuse]], there is also [[National Redress Scheme]], set up in the wake of the [[Royal Commission into Institutional Responses to Child Sexual Abuse]],<ref name=nrs/> which started on 1 July 2019 and open for applications until 30 June 2027.<ref name=nrs>{{cite web |url=https://www.findandconnect.gov.au/resources/national-redress-scheme/ |website=Find and Connect |title=National Redress Scheme |access-date=6 August 2021 |archive-date=22 September 2021 |archive-url=https://web.archive.org/web/20210922204643/https://findandconnect.gov.au/resources/national-redress-scheme/ |url-status=dead}}</ref><ref>{{cite web |title=Who can apply? |website=National Redress Scheme |url=https://www.nationalredress.gov.au/applying/who-can-apply |access-date=6 August 2021 |archive-url=https://web.archive.org/web/20240522075009/https://www.nationalredress.gov.au/applying/who-can-apply |archive-date=22 May 2024}}</ref>

===New South Wales===
Compensation claims have been heard by the [[NSW Supreme Court]]'s Court of Appeal in ''Williams v The Minister Aboriginal Land Rights Act 1983 and New South Wales'' [2000] NSWCA 255 and the Australian Federal Court in ''Cubillo v Commonwealth of Australia'' [2000] FCA 1084. In ''Williams'', an individual (rather than a group of plaintiffs) made claims in negligence arising from having been placed under the control of the Aborigines Welfare Board pursuant to s 7(2) of the ''Aborigines Welfare Act 1909'' shortly after her birth, and was placed by the Board with the [[United Aborigines Mission]] at its Aborigines Children Home at [[Bomaderry]] near [[Nowra, New South Wales|Nowra]], NSW. The trial judge found that there was no duty of care and therefore that an action in negligence could not succeed.{{Explain|date=May 2017}} This was upheld by the NSW Court of Appeal in 2000.{{citation needed|date=August 2021}}

In relation to whether the action in NSW courts was limited by the passage of time, the Court of Appeal, reversing Studert J, extended the limitation period for the non-equitable claims by about three decades pursuant to s 60G of the ''Limitation Act 1969'' (''Williams v Minister'', ''Aboriginal Land Rights Act 1983'' (1994) 35 NSWLR 497).<ref>{{Cite journal |last=McMahon |first=Karen |title=Set - back for Stolen Generation: Williams v The Minister, Aboriginal Land Rights Act & Anor |date=1999 |journal=Indigenous Law Bulletin |volume=79 4(24) 11 |url=https://www5.austlii.edu.au/au/journals/IndigLawB/1999/79.html |access-date=3 June 2022 |via=AustLII |archive-url=https://web.archive.org/web/20240707212650/http://www5.austlii.edu.au/au/journals/IndigLawB/1999/79.html |archive-date=7 July 2024 |url-status=live}}</ref>

Australian Prime Minister [[Kevin Rudd]]'s 2008 [[Apology to Australia's Indigenous peoples]] was not expected to have any legal effect on claims for compensation in NSW.<ref>{{cite news |url=http://www.abc.net.au/news/stories/2008/02/13/2161485.htm |title=Apology will not legally impact compo claims: Law Society |work=[[ABC News (Australia)|ABC News]] |date=13 February 2008 |archive-date=2 March 2008 |archive-url=https://web.archive.org/web/20080302062445/http://www.abc.net.au/news/stories/2008/02/13/2161485.htm}}</ref>

New South Wales set up a scheme running from 1 July 2017 until 30 June 2022, enabling survivors to claim {{AUD|75,000}} compensation. Its funding also allows for a healing fund, allocating grants to healing centres, memorials and keeping places, as well as a separate fund to help fund Stolen Generations members' funerals. There were estimated to be between 700 and 1,300 survivors in NSW in 2017.<ref name=cscomp/>

===Queensland===
Queensland has the ''Redress Scheme'' that provides compensation payments ranging from $7000 to $40,000 to people who experienced abuse and neglect as children in Queensland institutions (Government of Queensland 2012). The scheme is not exclusive for Indigenous peoples but is for anyone who experienced abuse as a child whilst in state care.{{sfn|Zuckermann|2020|p=259}}

===South Australia===
In June 1998, Bruce Trevorrow, a [[Ngarrindjeri]] man, sued the [[South Australian Government]] for [[pain and suffering]] suffered as a result of his being removed from his parents when he was a baby. 
On 1 August 2007, aged 50, Trevorrow became the first member of the Stolen Generations to be awarded compensation by a court of law, when it awarded him {{AUD|525,000}}. The SA government appealed in February 2008, but lost their appeal in March 2010, but Trevorrow had died only a few months after they lodged the appeal.<ref name=cscomp/>

The South Australian reparations scheme was set up in November 2015, after a 2013 parliamentary committee reported that such a fund would be cheaper than fighting legal claims. The fund allows for around 300 eligible people to receive up to {{AUD|50,000}} each.<ref name=cscomp/> A {{AUD|6 million}} Individual Reparations Scheme provided ex-gratia payments to Aboriginal people who were eligible for reparations, and in 2018, a payment of {{AUD|20,000}} was made to eligible applicants, with an additional {{AUD|10,000}} to follow. After the total fund of {{AUD|16 million}} was underspent, the Community Reparations Fund was established to support projects that would promote healing for the Stolen Generations, their families and the wider community.<ref>{{cite web |title=Stolen Generations Reparations Scheme |website=Department of the Premier and Cabinet |date=28 March 2019 |url=https://www.dpc.sa.gov.au/responsibilities/aboriginal-affairs-and-reconciliation/reconciliation/stolen-generations-reparations-scheme |access-date=6 August 2021 |archive-date=5 August 2021 |archive-url=https://web.archive.org/web/20210805141707/https://www.dpc.sa.gov.au/responsibilities/aboriginal-affairs-and-reconciliation/reconciliation/stolen-generations-reparations-scheme |url-status=dead }} [[File:CC-BY icon.svg|50px]] Text may have been copied from this source, which is available under a [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref>

===Tasmania===
In October 2006 the [[Tasmanian Government]] allocated a package of {{AUD|5 million}} to fund various reconciliation measures, including compensation for affected people, or their descendants if no longer living, under the ''Stolen Generation of Aboriginal Children Act 2006''. In a first for the country, 106 people were found to qualify for the payments.<ref name=cscomp/>

===Victoria===
On 3 March 2022, Victorian Premier [[Daniel Andrews]] announced a reparations package worth {{AUD|155 million}}. [[Aboriginal Victorians]] who were removed before 1977 are able to access payments of {{AUD|100,000}} each. Each person deemed eligible will also receive a personal apology from the [[Victorian Government]] and access to healing programs.<ref name=abcvicrep>{{cite web |last=Willingham |first=Richard |title=Aboriginal Victorians from Stolen Generations to receive $100,000 as part of reparations package |work=[[ABC News (Australia)|ABC News]] |publisher=[[Australian Broadcasting Corporation]] |date=3 March 2022 |url=https://www.abc.net.au/news/2022-03-03/compensation-for-victorian-aboriginals-stolen-generations/100877160 |access-date=5 March 2022}}</ref> It is thought that around 12000 people will be eligible to access the payments and programs.<ref>{{cite news |title=Stolen generation survivors in Victoria to receive $100,000 payments through redress scheme |work=[[The Guardian]] |date=3 March 2022 |url=https://www.theguardian.com/australia-news/2022/mar/03/stolen-generation-survivors-in-victoria-to-receive-100000-payments-through-redress-scheme |access-date=5 March 2022 |archive-url=https://web.archive.org/web/20240521054518/https://www.theguardian.com/australia-news/2022/mar/03/stolen-generation-survivors-in-victoria-to-receive-100000-payments-through-redress-scheme |archive-date=21 May 2024}}</ref> The reparations package was raised as a key issue at the first meeting of the [[First Peoples' Assembly of Victoria]] in 2020, and Andrews acknowledged that it was long overdue. Applications open on 31 March 2022.<ref>{{cite news |last1=Eddie |first1=Rachel |last2=Juanola |first2=Marta Pascual |title=Stolen Generation redress scheme offers money, formal apology and healing support |work=[[The Age]] |date=3 March 2022 |url=https://www.theage.com.au/politics/victoria/stolen-generation-redress-scheme-offers-money-apology-and-healing-support-20220303-p5a1an.html |access-date=5 March 2022 |archive-url=https://web.archive.org/web/20240329002602/https://www.theage.com.au/politics/victoria/stolen-generation-redress-scheme-offers-money-apology-and-healing-support-20220303-p5a1an.html |archive-date=29 March 2024}}</ref><ref name=abcvicrep/>

===Western Australia===
Western Australia has a redress scheme that is not exclusive for Indigenous peoples but is for anyone who experienced abuse as a child whilst in state care.{{sfn|Zuckermann|2020|p=259}}

===Territories===
====''Kruger v Commonwealth''====
{{excerpt|Kruger v Commonwealth|paragraphs=1}}
====21st century====
A compensation fund worth {{AUD|378 million}} was announced by the federal government on 6 August 2021, to be used to award one-off payments of {{AUD|75,000}} in recognition of the harm suffered as well as {{AUD|7000}} to pay for counselling, for survivors of the Stolen Generations in the [[Northern Territory]], [[Australian Capital Territory]] and [[Jervis Bay Territory]].<ref name="Tillett 2021"/><ref name="Roberts 2021"/>

A class action on behalf of around 1700 deceased estates and family members was launched in the Northern Territory in 2021. In August 2022 the Commonwealth agreed to pay compensation of over A$50 million to the claimants, pending formal approval from the [[New South Wales Supreme Court]].<ref>{{cite news |last=James |first=Felicity |title=Northern Territory Stolen Generations class action resolved, $50 million in compensation expected |work=[[ABC News (Australia)|ABC News]] |publisher =[[Australian Broadcasting Corporation]] |date=31 August 2022 |url=https://www.abc.net.au/news/2022-08-30/nt-stolen-generations-class-action/101385408 |access-date=30 August 2022 |archive-url=https://web.archive.org/web/20240807172153/https://www.abc.net.au/news/2022-08-30/nt-stolen-generations-class-action/101385408 |archive-date=7 August 2024}}</ref>