Never too late

While the practice of giving police records to children who were removed was not secret, it appears to have been widely forgotten and left unaddressed.

“I find it stunning that some people have been made to have this [criminal record] for their whole lives, on top of everything else that has befallen the stolen children,” says Ian Hamm, Chair of the Stolen Generation organisation Connecting Home.

Hamm says he had heard rumours about these records, but not seen proof until now. “This is one of the many things that is still outstanding business for the Stolen Children,” he says.

Andrew Jackomos, Commissioner for Aboriginal Children and Young People called on the government to remove the charges from people’s records.

“Frankly I’m appalled that the judicial system would criminalise children, and disproportionately Aboriginal children who were removed or stolen because of the colour of their skin. I don’t think it’s too late now for the government of today to make amends to give people the justice they deserve.”

There is a precedent for an official apology and the expungement of unjust convictions says Stan Winford, Associate Director at the Centre for Innovative Justice at RMIT University. Winford is part of a project with Woor-Dungin and others that aims to reduce discrimination against Aboriginal people because of old or irrelevant convictions, by bringing about legislative reform.

“In 2014 the Victorian Parliament passed legislation to wipe the slate clean for historic convictions for gay sex offences,”he says.

“It was accepted that it was wrong to allow this stain on someone’s record to remain, and the time has now come to do the same thing for people who have criminal records simply because they were taken away from their parents as children.”

In response to questions from SBS, Victorian Attorney-General Martin Pakula said: “The forcible removal of Indigenous children from their families was a very dark period in Australia’s history and has caused profound pain and suffering among thousands of Aboriginal and Torres Strait Islander people.”

“I would be extremely concerned if anyone has the appearance of a criminal record as a result of being forcibly removed from their home when they were a child.”

“I have requested detailed advice from the Department of Justice and Regulation on the historical situation in Victoria and on any actions which may be required.”

A spokesperson for Victoria Police claims that while Court Orders on care/protection applications appear on ‘personal use’ police checks, such as the one Walsh requested, their current criminal history information release policy means this type of record will not be released to third parties such as employers.

However, Victoria is the only state in Australia that doesn’t have a legislated spent convictions scheme. This means that, unlike in other states and territories, there is no law to prevent old or irrelevant records such as these from being released.

Back in the homely meeting room at Woor-Dungin where this all began, drinking coffee out of one of the colourful op-shop cups and saucers, Walsh has a characteristic glint in his eye. The elder has worked tirelessly to promote Koorie culture and heritage in Victoria, and has stood up against many injustices faced by his community over the years. He’snot about to let this one slide.

“I want all Aboriginal people [who were affected] to know about it, and to come forward”, he says.

“Someone needs to admit wrong-doing; to admit that criminalising us as kids was the wrong policy, and that it may have caused some people the problems they are having today.

“I’ve had panic attacks since I was eight I’ve had anxiety most of my living memory. [Whether it’s] emotional and mental health issues, drug and alcohol issues, run-ins with the law, all some people know is that they’re trouble, because that’s what they’ve been brought up to believe. And it’s all because of that one little conviction at the very beginning of our lives.

“We need an apology. We need these records expunged and we need the government to make amends.”

Aboriginal people who want help in finding out whether they have a police record for being made a State Ward can contact their local Aboriginal Legal Service.

Members of the Stolen Generation in Victoria can also contact Connecting Home for help on (03) 8679 0777.

Any former State Ward can contact Care Leavers Australia Network on 1800 008 774 for help accessing their State Ward file.