Footnotes

Footnotes

[1] Senator Murray, upon whose motion the matter was referred to the Committee of which he is a member, declared on several occasions his special interest in this inquiry as a former child migrant from Fairbridge, Bulawayo, Southern Rhodesia (now Zimbabwe).

[2] See http://www.qld.gov.au/html/fordeinquiry/inquiryreport.html

[3] Western Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.2.

[4] The Child Migrants Trust is an independent, professional social work agency that works on behalf of all former child migrants to find information about their childhood, search for their family, provide counselling and support reunions. The Trust has established operations in the UK and offices in Melbourne and Perth. The Trust and its operations are further discussed in Chapter 5.

[5] House of Commons Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98. Also see:
http://www.parliament.the-stationery-office.co.uk/pa/cm199798/cmselect/cmhealth/755/75502.htm

[6] The Welfare of Former British Child Migrants, Government Response, Cm 4182, The Stationary Office.

[7] See http://www.minister.immi.gov.au/general/child1.htm

[8] Committee Hansard, 26.3.01, pp.558-60.

[9] Statement, Senator Kay Patterson, Senate Hansard, 20.6.00, p.15215.

[10] See Committee’s website: http://www.aph.gov.au/senate_ca

[11] Committee Hansard, 22.3.01, p.467 (Barnardos Australia).

[12] Submission No.98, p.2 (NCH).

[13] Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, Human Rights and Equal Opportunity Commission, April 1997.

[14] Submission No.129, p.8 (IAFCM&F).

[15] Coldrey, BM, The Scheme: The Christian Brothers and Childcare in Western Australia, Argyle-Pacific Publishing, 1993, p.124.

[16] Gill, A, Orphans of the Empire: the Shocking Story of Child Migration to Australia, Random House, Sydney, 1998, pp.4-5.

[17] Submission No.15, p.36 (Dr Coldrey).

[18] Submission No.42, p.6 (DIMA).

[19] The Big Brother Movement was established in 1925 to provide British male youths with the opportunity to migrate to Australia for training and employment purposes. It was a voluntary scheme open to boys between the ages of 15 and 19 years.

[20] Submission No.42, p.6 (DIMA).

[21] This definition excludes children and young people who emigrated under other programs such as the One Parent Scheme, Big Brother Movement and the YMCA. These migrants were either accompanied by a parent, received on arrival by a parent, or emigrated under requisition or nomination systems. See Submission No.135, p.1 (WA Department for Family & Children’s Services) .

[22] Submission No.42, p.15 (DIMA).

[23] Coldrey, The Scheme, p.124. See also Coldrey, BM, ‘...a place to which idle vagrants maybe sent’ - The first phase of child migration during the seventeenth and eighteenth centuries, Tamanaraik Publishing, March 2001.

[24] Gill, pp.85-86.

[25] Coldey, BM, Child Migration to Catholic Institutions in Australia, Tamanaraik Publishing, 1995, pp.1-2.

[26] Gill, pp.41-42.

[27] Gill, p.529.

[28] Submission No.53, p.1 (Canadian Centre for Home Children).

[29] Gill, pp.57-58; Coldrey, The Scheme, p.126.

[30] Submission No.50, Barnardos UK Briefing, ‘Child Migration’ (Barnardos Australia).

[31] Submission No.53, p.4 (Canadian Centre for Home Children). The same statistic was referred to by Home Children Canada in their submission No.122, p.21.

[32] Submission No.122, p.9 (Home Children Canada).

[33] Sherington, G and Jeffery, C, Fairbridge: Empire and Child Migration, Universiy of Western Australia Press, 1998. pp. 182-85, 263, 266; Gill, pp.171-72.

[34] Gill, pp..516-18.

[35] Gill, pp..516-18.

[36] Gill, p.518.

[37] House of Commons, Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98, ‘New Zealand’, p.2.

[38] The arguments in this section of the report have been drawn from a number of sources including the Report of the UK Health Committee, pp.2-3; Coldrey, The Scheme, pp.124-128; Sherington & Jeffery, Fairbridge, pp.xi-x-xii; Submission No.88 (Dr Constantine); and Submission No.42, pp.14-15 (DIMA).

[39] Coldrey, Catholic Institutions, p.2.

[40] Submission No.88, p.2 (Dr Constantine).

[41] Submission No.42, p.14 (DIMA).

[42] Sherington & Jeffery, Fairbridge, p.xi.

[43] Coldrey, The Scheme, p.125.

[44] Submission No.135, p.4 (WA Department for Family & Children’s Services).

[45] Submission No.42, p.15 (DIMA).

[46] Gill, p.546; Coldrey, Catholic Institutions, p.53.

[47] Submission No.119, p.1 (Professor Sherington); Submission No.42, pp.8-15 (DIMA);

[48] Submission No.119, p.1 (Professor Sherington).

[49] Submission No.135, p.9 (WA Department for Family & Children’s Services).

[50] Submission No.42, p.15 (DIMA). See also Submission No.135, p.1 (WA Department for Family & Children’s Services).

[51] Submission No.135, p.9 (WA Department for Family & Children’s Services). In 1922 the WA and Commonwealth Governments each agreed to pay 5/- per child each week for each child at Pinjarra until the age of 14 years.

[52] National Archives of Australia (NAA), Good British Stock: Child and Youth Migration to Australia, 1901-83, Research Guide No 11, 1999, Ch 3. Mr Gill argues that young migrants were sent to the colonies - Canada and Australia - as early as 1908. However the precise arrangements and ages of the migrants are disputed. See Gill, p.55.

[53] The Dreadnought Trust was established in NSW in 1909 to assist and support young men to emigrate from Britain to be trained as rural workers in that State.

[54] Sherington, and Jeffery, Fairbridge, pp.261-62.

[55] Letters from the Commonwealth Department of Interior, dated 27.4.38 and NSW Department of Labour and Industry dated 9.5.38, attachment, confidential submission.

[56] NAA, Good British Stock, Ch 3, p.1.

[57] The Millions Club was formed in Sydney in 1916. Its aim was to settle ‘a million farmers on a million farms’ in NSW and Victoria.

[58] Gill, pp.56-57.

[59] Coldrey, The Scheme, p.126.

[60] Coldrey, The Scheme, p.128. See also Submission No.54, p.4 (JLG).

[61] Coldrey, The Scheme, p.128.

[62] Submission No.42, p.8 (DIMA).

[63] Submission No.42, p.18 (DIMA).

[64] Submission No.88, p.2 (Dr Constantine).

[65] Submission No.42, p.8 (DIMA).

[66] Cited in Coldrey, The Scheme, p.130.

[67] House of Representatives, Debates, 2.8.45, p.4914.

[68] Submission No.42, p.18 (DIMA).

[69] Gill, pp.64-65.

[70] Submission No.135, pp.8-9 (WA Department for Family & Children’s Services).

[71] Submission No.88, p.6.

[72] Submission No.42, p.20 (DIMA). DIMA provided further advice on the definition of ‘guardianship’. The Department stated that a guardian in relation to a child is ‘a person with the right to make decisions about the long-term needs of the child, as opposed to the day to day care of the child...The Immigration (Guardianship of Children) Act modifies the traditional role of a guardian. The Act does not define guardian, so the ordinary understanding of that word, as discussed above, must be taken as the proper meaning. However, in ascertaining legal obligations and liabilities by the Act, it must be recognised that the legislation does in some ways modify the traditional role of a guardian. For example, the Act envisages delegation of the powers and functions of the Minister to State welfare authorities; and together with the regulations, the legislation provides inspection and other powers to State welfare authorities to supervise custody, and envisages that the State authority would be primarily responsible for supervision of the welfare and care of children covered by the Act. See Submission No.42, Additional Information, 9.4.01, pp.11-12 (DIMA).

[73] Submission No.42, pp.20-21 (DIMA). Copies of the 1946 instrument of delegation signed with each State and an example of an indenture are appended to the submission.

[74] Guardianship of migrant children was transferred from the WA Lands & Immigration Department to the WA Child Welfare Department in 1952.

[75] Cited in Submission No.135, p.6 (WA Department for Family & Children’s Services). See also Submission No.146, Additional Information, pp.4,6 (Queensland Government).

[76] Submission No.119, p.3 (Professor Sherington).

[77] Cited in Submission No.15, p.42 (Dr Coldrey).

[78] Gill, p.68. Mr Gill notes, however, that a small number of child migrants, travelling independently, were sponsored by the Salvation Army (see Gill, p.78).

[79] Sherington & Jeffery, Fairbridge, p.262.

[80] Submission No.135, p.13 (WA Department for Family and Children’s Services).

[81] Submission No.42, p.22 (DIMA).

[82] Sherington & Jeffery, Fairbridge, pp.262-63.

[83] Submission No.135, pp.14-15 (WA Department for Family and Children’s Services).

[84] Submission No.146, Additional Information, p.4 (Queensland Government).

[85] Penglase, J, ‘Orphans of the Living’: The Home Children NSW 1939-1965, Ph.D thesis, Macquarie University, 1999, pp. 196, 197.

[86] Fox, M, ‘British Child Migrants in New South Wales Catholic Orphanages’, History of Education Review, Vol.25, (2), 1996, p.8.

[87] Penglase, p.152.

[88] Fox, p.4.

[89] Fox, p.4.

[90] From National Archives RecordSearch - Letter from the Western Australian Department of Lands and Survey to the Commonwealth Department of Immigration, dated 20.2.51, K403/3 W59/87, pp.70-71.

[91] Fox, pp. 8-9.

[92] Williams, L, ‘“Good British Stock”: British Child Migration to Tasmania after 1945’, Tasmanian Historical Studies, Vol 5, no.1, 1996, p.160.

[93] Submission No.42, Additional Information, Attachment J, 9.4.01, p.4 (DIMA).

[94] This section of this chapter relies on several sources including Coldrey, The Scheme, pp.133-139; NAA, Good British Stock, Ch 3, Part 14; Gill, pp.71-75.

[95] NAA, Good British Stock, Ch 3. See also Submission No.54, p.4 (JLG).

[96] NAA, Good British Stock, Ch 3.

[97] Cited in Gill, p.72.

[98] Gill, pp.71-74.

[99] Peterkin, AR, The Noisy Mansions: The Story of Swanleigh 1868-1971, Swanleigh, 1986, pp.105-106.

[100] Committee Hansard, 15.3.01, pp.254,267 (Broken Rites); Fox, pp.2-5, 13.

[101] Fox, p.13.

[102] Committee Hansard, 15.3.01, p.254 (Broken Rites).

[103] NAA, Ch 3, Part 14, p.2.

[104] Submission No.51, Attachment 1, p.4 (CCWC).

[105] See Submission No.132, p.2 (CMT) for arguments concerning the ‘active role’ of the Australian Government. See also Submission No.129, p.13 (IAFCM&F); Committee Hansard, 22.3.01, p.513 (Professor Sherington).

[106] Western Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.40.

[107] WA Interim Report, p.40. See also Coldrey, BM, Child Migration: Consent of Parents to their Children’s Emigration, Tamanaraik Publishing, 1996, pp.34-35.

[108] Cited in WA Interim Report, p.41.

[109] Cited in WA Interim Report, p.41.

[110] Report of UK Health Committee, para 14.

[111] Letter from Mr Calwell to Brother Conlon, 23.1. 47, cited in Coldrey, Catholic Institutions, p.82.

[112] Submission No.129, p.15 (IAFCM&F).

[113] Cited in Coldrey, Catholic Institutions, p.75.

[114] Coldrey, Catholic Institutions, p.82. See also Submission No.15, p.55 (Dr Coldrey).

[115] Coldrey, Catholic Institutions, p. 91.

[116] Cited in Coldrey, Catholic Institutions, p.93.

[117] Submission No.50, p.2 (Barnardos).

[118] Cited in Submission No.54, Additional Information, 23.4.01, p.2 (JLG).

[119] Commonwealth Department of Immigration, Cabinet Submission, 6.5.49.

[120] Letter from Mr T. Heyes, Secretary of the Commonwealth Department of Immigration to the Chief Migration Officer, Australia House, London, 6.1.50.

[121] Coldrey, Catholic Institutions, p.81.

[122] Submission No.15, p.55 (Dr Coldrey).

[123] Submission No.88, p.2 (Dr Constantine). See also Coldrey, Child Institutions, pp.57-60; Submission No.42, p.19-20 (DIMA).

[124] Submission No.88, pp.3-4 (Dr Constantine).

[125] Submission No.88, pp.3-4 (Dr Constantine).

[126] Moss, J, Child Migration to Australia, HMSO, London, 1953.

[127] Ross, J, Child Migration to Australia: Report of a Fact-Finding Mission, HMSO, London, 1956, p.73.

[128] Submission No.88, p.15 (Dr Constantine).

[129] Submission No.88, p.18 (Dr Constantine).

[130] Submission No.88, p.23 (Dr Constantine).

[131] Submission No.88, p.24 (Dr Constantine).

[132] Coldrey, BM, Child Migration from Malta to Australia: 1930s to 1960s, Tamanaraik Publishing, 1992, p.i.

[133] The Agreement was signed by Fr WA Nicol, the Australian Catholic Bishops agent for migration in London representing the Australian Catholic Immigration Committee and the Hon. JJ Cole, Minister of Emigration and Labour in the Maltese Government.

[134] Coldrey, Child Migration from Malta, Appendix 5, ‘Child Settlement Agreement between the Catholic Hierarchy in Australia and the Malta Government’.

[135] Coldrey, Child Migration from Malta, pp.i-ii,15.

[136] Submission No.7, Attachment 1.

[137] Submission No.45, Additional Information, 4.5.01, Appendix 2 (C-BERS). See also Submission No.7, p.1.

[138] Submission No.45, p.3 (C-BERS). See also Submission No.7, pp.1-2.

[139] Submission No.45, Additional Information, 4.5.01, p.4 (C-BERS).

[140] Submission No.45, p.3 (C-BERS).

[141] Submission No.7, p.2.

[142] Submission No.45, Additional Information, 4.5.01, pp.2-3 (C-BERS). This information is from comments received at a forum of former Maltese child migrants held in Perth to discuss the needs of former Maltese child migrants in response to this inquiry. See also Submission No.7, pp.1-3.

[143] Submission No.45, Additional Information, 4.5.01 p.3 (C-BERS).

[144] Submission No.4, p.1.

[145] Gill, A, Orphans of the Empire: the shocking story of child migration to Australia, Random House, Sydney, 1998, p.121.

[146] Gill, p.122.

[147] Gill, pp.114-16; National Archives of Australia (NAA), Good British Stock: Child and Youth Migration to Australia, 1901-83, Research Guide No.11, 1999, Ch 3, Part 12.

[148] From discussions with Barnardos UK and Submission No.50, Appendix 2 (Barnardos).

[149] NAA, Ch 3, Part 10.

[150] NAA, Ch 3, Part 10.

[151] Western Australia Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, pp.29-30.

[152] NAA, Ch 3, Part 10.

[153] Submission No.43, p.1 (Fairbridge Foundation).

[154] Sherington, G and Jeffery, C, Fairbridge: Empire and Child Migration, University of Western Australia Press, 1998, p.164.

[155] Sherington & Jefffery, pp.164-66, 262.

[156] Sherington & Jeffery, p.166.

[157] NAA, Ch 3, part 10.

[158] NAA, Ch 3, Part 10.

[159] NAA, Ch 3, Part 14.

[160] NAA, Ch 3, part 15.

[161] Submission No.56, p.2 (Swanleigh).

[162] Peterkin, AR, The Noisy Mansions: The Story of Swanleigh 1868-1971, Swanleigh, 1986, pp. 105-110; Submission No.56, pp.1-2 (Swanleigh).

[163] NCH was established in England in 1869 by a Methodist Minister, Dr Thomas Stephenson.

[164] NAA, Ch.3, Part 17.

[165] NAA, Ch.3, Part 18.

[166] Gill, p.197.

[167] Gill, pp.199-200.

[168] NAA, Ch. 3, Part 16.

[169] Committee Hansard, 15.3.01, p.172.

[170] Submission (Confidential).

[171] Submission No.97, p.4.

[172] Submission (Confidential).

[173] Submission No.64, p.2.

[174] Submission (Confidential).

[175] Submission No.120, p.2.

[176] Committee Hansard, 16.2.01, p.90.

[177] Submission No.119, p.2 (Professor Sherington).

[178] Coldrey, BM, Child Migration: Consent of Parents to their Children’s Emigration: The Legal and Moral Dimension, Tamanaraik Press, 1996, Forward, p.2.

[179] Submission No.50, Attachment ‘After Care Service’ (Barnardos).

[180] Coldrey, Consent of Parents, p.40.

[181] Coldrey, Consent of Parents p.41.

[182] Coldrey, Consent of Parents, pp.46-47.

[183] Submission No.119, p.2 (Professor Sherington).

[184] Submission No.54, p.13 (JLG).

[185] Submission No.50 Attachment (Barnardos).

[186] Submission No.119, Additional Information 24.4.01, p.1 (Professor Sherington).

[187] Submission No.119, Additional Information, p.1 (Professor Sherington).

[188] Submission No.119, pp.2-3.

[189] Coldrey, Consent of Parents, pp.45-46.

[190] Coldrey, Consent of Parents, p.51.

[191] Coldrey, Consent of Parents, pp.40, 47-48.

[192] Submission No.51, Attachment, p.6 (CCWC).

[193] Submission No.135, p.9 (WA Department for Family and Children’s Services).

[194] Submission No.97, p.1.

[195] Submission (Confidential).

[196] Submission No.53, p.1 (Canadian Centre for Home Children).

[197] Personal communication with Mr Gill, 20.8.01.

[198] Submission No.132, p.7 (CMT). ‘Child migrants’ are defined in the submission as children who were sent to Australia at an age below the school leaving age.

[199] The pre-war figure was based on the numbers of children sent to Barnardos, Fairbridge and Catholic institutions. See Submission No.42, pp.15,17 (DIMA).

[200] Submission No.119, Additional Information, 26.6.01 (Professor Sherington).

[201] Committee Hansard, 22.3.01, pp.519-20 (Professor Sherington).

[202] Submission No.88, Additional Information, 25.3.01, p.1 (Dr Constantine).

[203] Submission No.42, p.7 (DIMA). DIMA refers to ‘child migrants’ as those children under the age of 16 years who had been living in institutions in the UK and who had no family ties or contacts in Australia and who were brought to this country under various schemes in the post-war period.

[204] Submission No.15, p.38 (Dr Coldrey).

[205] Dr Constantine’s figures are based on official UK records of child migrants who were subsidised by the British Government and sent to Australia by voluntary societies from 1947-65. The table does not include ‘juveniles’, classified as aged 15 years and over who were not ‘in care’ and who were migrated by the Big Brother Movement and the YMCA. See Submission No.88, Additional Information, 25.3.01 (Dr Constantine).

[206] Submission No.119, Additional Information, 26.6.01 (Professor Sherington).

[207] House of Commons, Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98, para. 13.

[208] House of Commons, Health Committee, Minutes of Evidence, Department of Health, CM129.

[209] Submission No.42, pp.6-7 (DIMA). See also Committee Hansard, 6.2.01, p.10 (DIMA).

[210] Submission No.88, Additional Information, 25.3.01 (Dr Constantine).

[211] House of Commons, Health Committee, Minutes of Evidence, 20.5.98, pp.5-6.

[212] Personal communication with Barnardos Australia, 6.7.01. See also Submission No.50, Briefing Paper ‘Child Migration’ (Barnardos).

[213] Submission No.88, Additional Information, 25.3.01 (Dr Constantine).

[214] Committee Hansard, 22.3.01, p.467 (Barnardos Australia); See also Submission No.50, p.1; and Additional Information, 22.6.01, p.1 (Barnardos).

[215] Submission No.50, Additional Information, 22.6.01, p.1 and Briefing Paper, ‘Child Migration’ (Barnardos).

[216] Committee Hansard, 16.2.01, p.125 (Fairbridge WA).

[217] Submission No.135, p.2 (WA Department for Family and Children’s Services).

[218] Submission No.135, p.2 (WA Department for Family and Children’s Services). The Department’s figures are also confirmed by the figures cited by Sherington & Jeffery, Fairbridge, p.264.

[219] Committee Hansard, 16.2.01, p.126 (Fairbridge WA).

[220] CCWC is a federation of Catholic Children’s Societies, diocesan social welfare agencies and some religious congregations providing social care services for children and families in need in the UK.

[221] Submission No.54, p.6 (JLG).

[222] Submission No.54, Additional Information 29.5.01, p.2 (JLG).

[223] Based on 1 355 Catholic child migrants out of an estimated total of 7 500 child migrants. See Submission No.54, p.4 (JLG).

[224] Committee Hansard, 16.2.01, p.103 (WA Christian Brothers Province Archivist).

[225] Submission No.119, p.1 (Professor Sherington).

[226] Submission No.42, p.3 (DIMA).

[227] Submission No.119, Additional Information, 26.6.01 (Professor Sherington).

[228] Submission No.135, p.2 (WA Department for Family & Children’s Services).

[229] Submission No.135, p.3 (WA Department for Family & Children’s Services).

[230] House of Commons, Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98, paras 13 and 73.

[231] Submission No.68, p.3 (Goodwood, SA).

[232] Coldrey, BM,Caring and Corruption: Church Orphanages and Industrial Schools’, Studies, Vol 89, No.353, Spring 2000, p.9.

[233] Submissions No.129, p.22; No.36, p,1.

[234] Submission No.23 (Barnardos, Burwood, NSW).

[235] Submission No.82, p.2 (St Johns, Canterbury, Vic).

[236] Committee Hansard, 21.3.01, pp.372-3 (Neerkol, Qld).

[237] Confidential submission No.87 (Clontarf, WA).

[238] Report of UK Health Committee, para.45.

[239] Report of UK Health Committee, para.51.

[240] The Committee discusses elsewhere in the report the 1993 legal action brought by some 220 former residents of Christian Brothers homes seeking damages for physical and sexual abuse (though not all were former child migrants).

[241] For example Submission No.87, p.12 (Bindoon, WA). Dr Coldrey comments in The Scheme, Argyle-Pacific Publishing, 1993, pp.389-393, on teenage sexual activity based on visitation and other reports.

[242] Mr Alan Gill refers to this as ‘clannishness’ in Orphans of the Empire, Random House, Sydney, 1998, pp.351-2.

[243] Coldrey, The Scheme, p.393

[244] Dr Coldrey had been commissioned by the Christian Brothers to produce the history, and as such the people who commissioned it had editorial rights.

[245] Submission No.15, p.16 (Dr Coldrey) copy of document The Secret Report which damned the Christian Brothers. See also Gill, pp.480-84 and Submission No.95, pp.26-7.

[246] Committee Hansard, 15.3.01, pp.227-8, 231-2. The Joint Liaison Group confirmed the Vatican’s request that Br. Coldrey withdraw work posted on the Internet, though ‘we are not aware of what reasons, if any, were given for this action’, Submission No.54, Additional information 23.4.01, p.3 (JLG).

[247] LH Murphy was committed for trial in 1998 for sexual offences against boys in the WA orphanage system, but in early 1999 was declared unfit to plead on grounds of advanced age and mental/physical decline.

[248] Submission No.15, Additional Information 19.3.01 (Dr Coldrey).

[249] This is not a complete list of those named in submissions, only those with multiple references. The numbers alleged to be involved in sexual abuse at these institutions is much larger than this list.

[250] Submission No.54, p.11 (JLG).

[251] Dr Marion Fox has noted that NSW Child Welfare social workers who dealt with teenage pregnancies of unmarried girls and the adoption of their babies commented on the way ‘the young people were seeking affection’ and criticised the religious staff ‘for keeping the children isolated in the institutions and failing to prepare them for transition to work and society’. Submission No.148, p.4 (Dr M Fox).

[252] Commission of Inquiry into Abuse of Children in Queensland Institutions, (Forde Commission), Closed Report, 1999, p.4.

[253] Submissions No.15, p.76-80 (Dr Coldrey); No.42, Additional information 9.4.01, p.1 and Attachment C (DIMA); and No.50, p.3 (Barnardos).

[254] Committee Hansard, 21.3.01, p.407 (Tardun, WA).

[255] Submission No.68, Additional Information 22.3.01, p.3 (Goodwood, SA).

[256] Submission No.130, Additional Information 20.3.01, p.3 (Northcote, Vic). Similar punishment was reported at Bindoon, Clontarf, WA; Dhurringile, Vic; Goodwood, SA; Pinjarra, WA.

[257] Submission No.94, p.2 (Magill, SA).

[258] Submission No.58, p.1 (Northcote, Bacchus Marsh, Vic).

[259] Submission No.73, p.1 (Fairbridge Molong, NSW).

[260] Submission No.138, p.1 (St Josephs?, WA).

[261] Submission No.141, p.2 (Tresca, Tas).

[262] Submission No.19, p.1 (Neerkol, Qld).

[263] Submission No.60, p.6 (Bindoon, WA).

[264] Submission No.23, p.2 (Burwood House, NSW).

[265] Submission No.125, p.1 (Castledare, WA).

[266] Submission No.95, p.15.

[267] Confidential Submission No.14 (Goodwood, SA).

[268] Confidential Submission No.50, p.3 (Fairbridge Pinjarra, WA).

[269] Submission No.75 (Northcote, Bacchus Marsh, Vic).

[270] Submission No.71, p.1 (Dr Barnardos, Normanhurst, NSW).

[271] Committee Hansard, 21.3.01, p.383 (Neerkol, Qld).

[272] Committee Hansard, 21.3.01, pp.373-4 .

[273] Submission No.93, p.2 (Padbury Farm School, WA).

[274] Forde Commission, Closed Report, p.4. Other institutions included Bindoon, Castledare and Clontarf, WA; Goodwood, SA; Nazareth House, Geraldton, WA.

[275] Committee Hansard, 15.2.01, pp.37, 40 (Clontarf, WA). See also Submission No.95, pp.12-13.

[276] Submission No.132, p.32 (CMT).

[277] Submission No.4, p.2 (Burwood House, NSW).

[278] Confidential submission No.25 and Submission No.36, p.2 (Bindoon, WA).

[279] Submission No.36, p.3 (Bindoon,WA).

[280] Submission No.58, p.1. (Northcote, Bacchus Marsh, Vic)

[281] Submission No.72, pp.4-5. See also Submission No.68, Attachment, p.3. (Goodwood, SA)

[282] Submission No.20, pp.9-10 (Neerkol, Qld).

[283] Submission No.16, p.5 (Neerkol, Qld). Evidence was also given that girls as young as 12 at St Josephs, Subiaco, were put on night duty in the nursery to look after 36 babies aged 7 days to 18 months - Submission No.83, pp.1-2.

[284] Penglase, J, ‘Orphans of the Living’: The Home Children NSW 1939-1965, Ph.D thesis, Macquarie University, 1999, pp.214-15.

[285] Submission No.64, p.3 (St John Bosco, Tas).

[286] Confidential Submission No.11, p.2 (Fairbridge Pinjarra, WA).

[287] Confidential Submission No.25, p.4 (Bindoon). Mr Alan Gill refers in Orphans of the Empire, p.356, to an old newsreel now with the National Film and Sound Archive showing construction work by scantily clad, barefoot boys ‘many who look no more than 10 or 11’ and of photographs depicting ‘boys atop flimsy scaffolding like construction workers in a third world country’.

[288] Submission No.95, pp.31-32.

[289] Committee Hansard, 15.3.01, p.251 (Broken Rites); Submission No.36, p.2.

[290] Submission No.82, p.1.

[291] Submission No.83, p.1 (St Josephs, Subiaco, WA).

[292] Committee Hansard, 15.3.01, p.251 (Broken Rites).

[293] Committee Hansard, 22.3.01, pp.533-34 (Goodwood, SA).

[294] Submission No.124, p.1.

[295] Committee Hansard, 21.3.01, p.349 (Neerkol, Qld).

[296] Quoted in Submission No.95, p.33.

[297] Submission No.148, Attached Article, British Child Migrants in New South Wales Catholic Orphanages’, History of Education Review, Vol 25, (2), 1996, p.12 (Dr M Fox).

[298] Confidential Submission (Dhurringile, Vic).

[299] Submission No.14, p.2 (Padbury Boys Farm School, WA).

[300] Submission No.62, p.1 (Thurgoona, NSW).

[301] From National Archives RecordSearch - Letter from the Western Australian Department of Lands and Survey to the Commonwealth Department of Immigration, dated 20 February 1951, K403/3 W59/87, pp.70-71; see also pp.35-36 - Letter from the WA Department to the Commonwealth Migration Officer. Following the letter of 20 February 1951, a valuation of the buildings at Bindoon was undertaken by the Commonwealth and State Public Works. The cost of materials was valued at 10,432-10-0 and payment was recommended on a two-thirds basis - 6,955-0-0, and the cost of labour was valued at 10,432-10-0, less 50% allowance for the students’ labour, leaving a subsidy payment of 3,477-10-0.

[302] From National Archives RecordSearch, K403/3 W59/87, p.45.

[303] Coldrey, The Scheme, pp.366-76.

[304] Submission No.86 Additional Information, p.22.

[305] Coldrey, BM, The Scheme, p.373. The Inspection report is reproduced in Submission No.42, Additional Information, Attachment H (DIMA).

[306] Submission No.42, Additional Information, p.5 (DIMA).

[307] Quoted in Submission No.95, p.35.

[308] Submission No.42, Additional Information, Reports at Attachment E, p.5 (DIMA).

[309] Submission No.42, Additional Information, p.5 (DIMA).

[310] Commission of Inquiry into Abuse of Children in Queensland Institutions (Forde Report), Report, May 1999, p.79.

[311] Penglase, pp.196, 213.

[312] Coldrey, BM, Child Migration and the Western Australian Boys Homes, Tamanaraik Publishing, 1991, p.35; see also Committee Hansard, 22.3.01, p. 493 (JLG).

[313] Forde Commission, Report, p.81.

[314] Submission No.96, Additional Information, 16.2.01.

[315] Submission No.148, Attached Article, p.10 (Dr M Fox).

[316] The Queensland Department of Families reported that trust accounts were maintained for State children, but not for child migrants. It added that trust accounts were, in effect, forced savings and were arranged when a child was employed. The Department concluded ‘it does not seem that the Department had any statutory authority to require compulsory savings by migrant children, and hence no trust accounts were held for them’. Submission No.146, Additional Information, p.4 (Queensland Government). The South Australian Department of Human Services advised that some files indicate that wages were paid by employers and placed in bank accounts. Board was deducted and child migrants were required to ask permission to make a withdrawal from their account. Submission No.127, Additional Information, p.2 (SA Department of Human Services).

[317] Committee Hansard, 21.3.01, p.437

[318] Submission No.130, p.3.

[319] Committee Hansard, 16.2.01, pp.168-70 (WA Department for Family and Children’s Services).

[320] Committee Hansard, 22.3.01, pp.494-95 (JLG).

[321] Submission No.135, Additional Information 9.4.01, Attachment E (WA Department for Family and Children’s Services) - Copy of 1952 policy in relation to migrant children and wards in institutions in respect to schooling and employment.

[322] Confidential submission No. 23 (St Josephs, Lane Cove, NSW).

[323] Forde Commission, Closed Report, p.5.

[324] Submission No.28, p.1 (St Joseph’s? WA).

[325] Confidential submission No.81 (Castledare/Clontarf, WA).

[326] Submission No.120, p.1 (Tresca, Tas).

[327] Submission No.111, p.1 (Bindoon, WA).

[328] Submission No.95, pp.20-21. Submission No.36, Additional information, 1.12.00.

[329] Committee Hansard, 15.2.01, pp.51-3; 26.3.01, p.558 (IAFCM&F); 22.3.01, p.539.

[330] Submission No.86, p.3. See also Committee Hansard, 16.2.01, pp.158-9 (WA Department for Family and Children’s Services).

[331] Forde Commission, Closed Report, pp.8-9.

[332] Submission No.101, p.4 (Castledare/Clontarf, WA).

[333] Submission No.19, p.3 (Neerkol, Qld).

[334] Submission No.57, Additional Information 15.5.01, p.8 (Broken Rights). See also Submission No.148, p.4 (Dr Fox); Committee Hansard, 15.3.01, pp.191, 262.

[335] Coldrey, The Scheme, p.389.

[336] Forde Commission, Closed Report, pp.1-2, 7-8.

[337] Coldrey, BM., ‘The Child Migration Controversy: A survey and analysis of the debate over child migration and residential care in Australia, 1987-2000’, The Australasian Catholic Record, Volume 78, No.1, January 2001, p.67.

[338] Submission No.20, p.19 (Neerkol, Qld). See also Committee Hansard, 21.3.01, p.383.

[339] Confidential Submission No.82 (Northcote, Bacchus Marsh, Vic).

[340] UK Health Committee, Unpublished Memoranda, CM205.

[341] Submission No.2, p.2 (Mr A Gill).

[342] Submission No.57, p.5 (Broken Rites).

[343] Submission No.84, p.2.

[344] Submission No.148, p.3 (Dr M Fox).

[345] Submission No.78.

[346] Submission No.135, Part 2 - pp.13-14 (WA Department for Family and Children’s Services). By 1959 the Department’s field staff included only 2 psychologists, 5 welfare officers and 5 district officers.

[347] Submission No.135, Appendix 37 (WA Department for Family and Children’s Services).

[348] House of Commons, Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98, para.47.

[349] Submission No.42, Additional information 9.4.01, p.3 (DIMA).

[350] Submissions No.42, Additional information 9.4.01, pp.7-9 and Attachments H-P (DIMA); No.54, Additional information 23.4.01, Appendices F-H (JLG); No.127, Additional information 7.8.01 (SA Department of Human Services); No.135, Appendix 19 (WA Department for Family and Children’s Services). Some digitised reports and other reference documents have been accessed from the National Archives website at www.naa.gov.au/The_Collection/recordsearch.html

[351] Submission No.42, Additional Information 9.4.01, p.1 (DIMA).

[352] Coldrey, BM, Child Migration and the Western Australian Boys Homes, Tamanaraik Publishing, 1991, p.35.

[353] Submission No.15, p.44.

[354] Submission No.95, p.25.

[355] Submission No.148, Attached article, ‘British Child Migrants in New South Wales Catholic Orphanages’, History of Education Review, Vol 25, (2), 1996, pp.2, 8-9 (Dr M Fox).

[356] Submission No.148, Attached article, p.13 (Dr M Fox).

[357] Committee Hansard, 15.3.01, p.267 (Broken Rites).

[358] Commission of Inquiry into Abuse of Children in Queensland Institutions, (Forde Commission), Closed Report, 1999, p.5.

[359] Coldrey, BM, The Scheme: The Christian Brothers and Childcare in Western Australia, Argyle-Pacific, 1993, p.396.

[360] Submission No.152 (Fairbridge, Molong).

[361] Committee Hansard, 16.3.01, p.125 (in camera).

[362] Submission No.51, Enclosure 1, p.4 (CCWC).

[363] Report of UK Health Committee, para.22.

[364] Submission No.42, Additional Information 9.4.01, Attachment C (DIMA).

[365] Submission No.148, Attached article, p.7 (Dr M Fox).

[366] Fox, p.8.

[367] Submission No.54, p.3 (JLG).

[368] Report of UK Health Committee, para.92.

[369] Report of UK Health Committee, para.94.

[370] See also Submission No.135, Part 1 - pp.4-11 and Part 2 - pp.5-8 (WA Department for Family and Children’s Services).

[371] Coldrey, The Scheme, p.398.

[372] Coldrey, The Scheme, p.321.

[373] Alan Gill, Orphans of the Empire, Random House, Sydney, 1998, p.356,

[374] Committee Hansard, 15.3.01, p.195; 22.3.01, p.538; Submission No.36, pp.2-3.

[375] Cited in Submission No.15, p.6 (Dr Coldrey).

[376] Such an action is not unprecedented as former Queensland Police Commissioner Terence Lewis had a knighthood and other imperial honours cancelled in 1993.

[377] Submission No.57, Additional information 15.5.01 pp.1-5 (Broken Rites); Eros Foundation, Hypocrites: Evidence and statistics on child sexual abuse amongst church clergy, 1990-2000, April 2000.

[378] Committee Hansard, 15.3.01, pp.226-7 and 22.3.01, pp.488-90.

[379] Committee Hansard, 22.3.01, p.490.

[380] The Times, comment, 18.4.01, p.15.

[381] Forde Commission, Closed Report, pp.9-10.

[382] Submission No.129, p.42 (IAFCM&F).

[383] Submission No.123, p.5.

[384] Submission No.22, p.2.

[385] Submission No.48, p.7 (ISS).

[386] Submission No.44, p.9 (CMFS).

[387] See for example, Committee Hansard, 15.2.01, p.61.

[388] Submission No.101, p.4.

[389] Submission No.37, p.4.

[390] Committee Hansard, 15.2.01, p.54.

[391] Submission No.129, pp 42,43 (IAFCM&F).

[392] Submission No.126, p.5.

[393] Submission No.73, p.2.

[394] Submission No.43, p.6 (Fairbridge Foundation).

[395] Submission No.50, p.7 (Barnardos).

[396] Submission No.54, p.13 (JLG).

[397] Submission No.54, pp.17-18 (JLG).

[398] Submission No.135, p.15. (WA Department for Family and Children’s Services).

[399] Submission No.146, p.3 (Queensland Government).

[400] Submission No.42, pp.41-2 (DIMA).

[401] Committee Hansard, 6.2.01, p.24 (DIMA). A more detailed response provided in Additional Information.

[402] Submission No.110, p.2.

[403] Submission No.28, p.3.

[404] Submission No.129, p.37 (IAFCM&F).

[405] Committee Hansard, 15.3.01, p.251 (Broken Rites).

[406] Committee Hansard, 16.2.01, p.122 (Fairbridge WA).

[407] Sherington, G and Jeffery, C, Fairbridge: Empire and Child Migration, University of Western Australia Press, 1998, p.243.

[408] Western Australia Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.63-66.

[409] Submission No.43, p.1 (Fairbridge Foundation).

[410] Sherington and Jeffery, p.243.

[411] Committee Hansard, 26.3.01, p.576 (CMT).

[412] Committee Hansard, 26.3.01, p.575 (CMT).

[413] Committee Hansard, 26.3.1, pp.578, 579 (CMT).

[414] Committee Hansard, 26.3.01, p.580 (CMT).

[415] Submission No.135, p.18 (WA Department for Family and Children’s Services).

[416] Committee Hansard, 16.2.01, p.162 (WA Department for Family and Children’s Services).

[417] Submission No.132, p.46 (CMT).

[418] Committee Hansard, 26.3.01, p.577 (CMT).

[419] Submission No.42 Additional Information, 9.4.01 p.1 (DIMA).

[420] Submission No.129, p.39 (IAFCM&F). Many submissions also supported increased Trust funding.

[421] Submission No.45, p.2 (C-BERS).

[422] Submission No.44, p.4 (CMFS).

[423] Committee Hansard, 6.2.01, p.18 (DIMA).

[424] Submission No.54, p.13 (JLG).

[425] Committee Hansard, 22.3.01, p.503 (JLG).

[426] Submission No.129, p.3 (IAFCM&F).

[427] Submission No.129, p.2 (IAFCM&F).

[428] Constitution and By-laws of the Child Migrant Friendship Society of W.A. (Inc.).

[429] Committee Hansard, (in camera).

[430] Submission No.126, p.4.

[431] Submission No.126, p.3.

[432] Submission (Confidential).

[433] Submission (Confidential).

[434] Submission (Confidential).

[435] Committee Hansard, 15.2.01, p.62.

[436] Submission No.132, p.16 (CMT).

[437] Submission No.96, p.4.

[438] Submission (Confidential).

[439] Submission No.42, pp.10, 33 (DIMA); see also Committee Hansard, 15.3.01, p.245 (Dr BM Coldrey).

[440] Submission No.87, p.10.

[441] Submission No.87, p.8.

[442] Submission No.54, p.14 (JLG).

[443] Submission No.126, p.3.

[444] Submission No.135, Appendix 23 (Department for Family and Children’s Services WA).

[445] Submission No.33, p.1.

[446] Submission No.87, p.8.

[447] See for example, Submission No.4, p.2; Submission No.23, p.2.

[448] See for example, Submission No.3, p.1; Submission No.38, Attachment, p.3.

[449] Submission No.43, p.3 (Fairbridge Foundation).

[450] Submission No.98, p.3 (NCH).

[451] Moss, J, Child Migration to Australia Report, Her Majesty’s Stationary Office, 1953, p.24.

[452] Submission No.135, p.10 (WA Department for Family and Children’s Services).

[453] Submission (Confidential).

[454] Committee Hansard, 15.3.01, p.171.

[455] Submission No.39, p.1.

[456] Submission No.74, p.1.

[457] Submission No.147, Attachment.

[458] Submission No.135, pp. 7-8, Appendix 22 (WA Department for Family and Children’s Services); see also Committee Hansard, 16.2.01, p.95 (Christian Brothers’ Archivist).

[459] Submission No.54, p.14 (JLG).

[460] Submission No.46, p.4 (ACMF).

[461] Submission No.126, p.3.

[462] Submission No.94, p.3.

[463] Committee Hansard, 16.2.01, pp. 92-93, 95.

[464] Western Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, p.44.

[465] Committee Hansard, 16.3.01, p.292 (SA Department of Human Services).

[466] Committee Hansard, 21.3.01, p.424 (Qld Department of Families).

[467] Committee Hansard, 16.2.01, p.99.

[468] Submission No.54, p.14 (JLG).

[469] Submission No.54, p.14 (JLG).

[470] Submission No.48, p.3 (ISS).

[471] Committee Hansard, 22.3.01, p.467 (Barnardos).

[472] Submission No.37, p.2.

[473] Submission No.76, p.2.

[474] Submission No.136, p.10 (WA Department for Family and Children’s Services).

[475] Submission No.92, p.2.

[476] Committee Hansard, 16.3.01, p.325.

[477] Submission No.85, p.1.

[478] Submission No.65, p.1.

[479] Submission No.82, p.2

[480] Submission No.48, p.5 (ISS).

[481] Submission No.124, p.3.

[482] Committee Hansard, 26.3.01, p.564.

[483] See for example, Submission No.68, p.2; Submission No.92, p.2; Submission No.114, p.1.

[484] Submission No.123, p.3.

[485] Submission No.96, p.4.

[486] Submission No.77, p.1.

[487] Committee Hansard, 15.2.01, p.58.

[488] Submission No.121, p.6.

[489] Submission No.103, p.2.

[490] See for example, Submission No.150 which provides a succinct account of the tracing process.

[491] Committee Hansard, (in camera).

[492] Submission No.4, p.2.

[493] Submission No.90, p.2.

[494] Submission No.29, pp.2-3.

[495] Submission No.92, p.2.

[496] Submission No.114, p.1.

[497] Submission No.62, p.2.

[498] Committee Hansard, 15.2.01, p.58.

[499] Submission No.85, p.2.

[500] Submission (Confidential).

[501] Submission No.39, p.1; Submission No.82, p.2.

[502] Committee Hansard, 22.3.01, p.465 (CLAN).

[503] Submission No.129, p.28 (IAFCM&F).

[504] Submission No.107, p.2.

[505] Committee Hansard, 16.2.01, p.89 (CMFS).

[506] Submission No.135, Additional Information, 7.6.01, p.3 (WA Department for Family and Children’s Services).

[507] Submission No.135, p.10 (WA Department for Family and Children’s Services).

[508] Committee Hansard, 6.2.01, p.21 (DIMA).

[509] The Committee notes that in approving payments for equipment allowance introduced post-war, Commonwealth officials appear to have sighted some birth certificates of child migrants to ensure that they were eligible for the allowance, eg under 14 years of age on date of embarkation. In some records viewed by the Committee, Immigration officials queried the names and dates of birth supplied by receiving agencies. It appears in some cases that early in the post war migration period, information from baptismal certificates was provided, rather than birth certificates. See National Archives of Australia, RecordsSearch, files K403/3 W59/89; PP6/1 1948/H/1826.

[510] Submission No.45, Additional Information, pp.4-5 (DIMA).

[511] Committee Hansard (in camera).

[512] Submission No.55 (NCVCCO).

[513] Submission No.51, pp.2-4, (CCWC); Submission No.54, p.15 (JLG).

[514] Submission No.50, Attachment (Barnardos).

[515] Submission No.98, p.4 (NCH).

[516] Committee Hansard, 16.2.01, p.99.

[517] National Archives of Australia, letter to the Committee, dated 11 April 2001, p.4.

[518] Submission No.47, pp.1-2 (Trustees of the Christian Brothers in WA).

[519] Committee Hansard, 16.2.01, pp.152-53 (WA Department for Family and Children’s Services).

[520] Submission No.135, p.18 (WA Department for Family and Children’s Services).

[521] Committee Hansard, 16.3.01, pp.284, 287 (SA Department of Human Services).

[522] Committee Hansard, 16.3.01, p.314 (SA Department of Human Services).

[523] Personal communication with the Committee.

[524] Committee Hansard, 22.3.01, p.447 (Fairbridge Foundation).

[525] Submission No.136, p.2 (Fairbridge WA Inc).

[526] Committee Hansard, 22.3.01, p.474. Detailed information about the files held by Barnardos UK is provided in briefing papers attached Submission No.50 (Barnardos Australia).

[527] Committee Hansard, (in camera).

[528] Submission No.22, pp.2-3.

[529] Committee Hansard, 26.3.01, p.584 (CMT).

[530] Submission No.50, Attachment (Barnardos).

[531] Submission No.51, p.5 (CCWC).

[532] Submission No.54, p.15 (JLG).

[533] Submission No.44, p.6 (CMFS); Committee Hansard, 16.2.01, p.149 (C-BERS).

[534] Submission No.45, p.3 (C-BERS).

[535] Committee Hansard, 16.2.01, p.139 (C-BERS).

[536] Submission No.129, Additional Information 23.4.01 (IAFCM&F).

[537] Submission No.44, Additional Information, p.4 (CMFS).

[538] Committee Hansard, 16.2.01, pp.153, 164-65 (WA Department for Family and Children’s Services).

[539] Committee Hansard, 16.3.01, p.290 (SA Department of Human Services).

[540] Committee Hansard, 22.3.01, p.476 (Barnardos).

[541] Submission No.62, p.3.

[542] Submission No.45, p.4 (C-BERS).

[543] Submission No.52, p.4 (CMSAG).

[544] Submission No.51, p.5 (CCWC); Submission No.98, p.4 (NCH).

[545] Submission No.126, p.4.

[546] Submission No.85, p.2.

[547] Submission No.69, p.2.

[548] Submission No.85, p.1.

[549] Submission No.69, p.1.

[550] See http://www.archives.ca/02/020110_e.html

[551] Committee Hansard, 16.2.01, p.77.

[552] Submission No.129, p.20 (IAFCM&F).

[553] Committee Hansard, in camera

[554] Committee Hansard, 16.2.01, p.79 (IAFCM&F).

[555] Submission No.62, p.2.

[556] Committee Hansard, 21.3.01, p.437.

[557] Information provided by DIMA indicates that British migrants were eligible to serve in the Australian armed services without being Australian citizens. Submission No.42, p.48 (DIMA).

[558] Submission No.129, p.20 (IAFCM&F).

[559] Submission No.42, pp.38, 49 (DIMA).

[560] Submission No.132, p.29 (CMT).

[561] Committee Hansard, 16.2.01, p.79.

[562] Committee Hansard, 16.2.01, p.78.

[563] Committee Hansard, 16.3.01, p.325.

[564] Submission No.40, p.2.

[565] Committee Hansard, 26.3.01, p.565 (IAFCM&F).

[566] Committee Hansard, 6.2.01, p.3 (DIMA).

[567] Submission No.129, p.34 (IAFCM&F); Submission No.46, p.3 (ACMF); Submission No.121, p.5.

[568] Submission No.129, p.34 (IAFCM&F).

[569] Submission No.78, p.2.

[570] Submission No.70, p.1.

[571] Committee Hansard, 22.3.01, p.536.

[572] Submission No.48, p.5 (ISS).

[573] Submission No.54, p.16 (JLG).

[574] Submission No.136, p.2 (Fairbridge WA); Submission No.43, p.4 (Fairbridge Foundation); Submission No.50, p.5 (Barnardos Australia).

[575] Response to Forde inquiry, p.43; Committee Hansard, 21.3.01, p.416 (Qld Department of Families).

[576] Submission No.46, p.3 (ACMF); Committee Hansard, 16.2.01, p.107,119 (ACMF).

[577] Committee Hansard, 15.3.01, p.269 (ISS); Submission No.48, p.1 (ISS).

[578] Submission No.48, p.3 (ISS); Committee Hansard, 15.3.01, pp.270-277 (ISS).

[579] Submission No.48, pp.3-4 (ISS); Submission No.48, Additional Information, 5.6.01 (ISS).

[580] Submission No.48, Additional Information, 5.6.01 (ISS); Committee Hansard, 15.3.01, p.270 (ISS).

[581] Submission No.45, p.1 (C-BERS).

[582] Submission No.45, Additional Information, 22.5.01 p.2 (C-BERS).

[583] Submission No.48, Additional Information, 5.6.01 (ISS); Committee Hansard, 15.3.01, p.270 (ISS).

[584] Figures relate to the situation as at December 2000. C-BERS has provided more recent figures. See Submission No.54, p.16 (JLG).

[585] Submission No.45, Additional Information, 22.5.01 p.1 (C-BERS).

[586] Committee Hansard, 16.2.01, p.142 ( C-BERS).

[587] Submission No.45, Additional Information, 22.5.01 (C-BERS).

[588] Submission No.46, p.3 (ACMF); Committee Hansard, 16.2.01, p.107,119 (ACMF).

[589] Submission No.118, p.6.

[590] Submission No.132, p.39 (CMT). See also Submission No.121, p.5.

[591] Submission No.48, p.4 (ISS); Submission No.132, p.39 (CMT); Submission No.44, p.5 (CMFS).

[592] Submission No.56, p.2 (Swanleigh).

[593] Committee Hansard, 22.3.01, pp.469-70 (Barnardos).

[594] Submission No.48, p.4 (ISS); Submission No.132, p.39 (CMT).

[595] Submission No.45, Additional Information, 4.5.01, p.2 (C-BERS).

[596] Submission No.48, p.4 (ISS).

[597] Committee Hansard, 16.2.01, p.141 (C-BERS).

[598] Submission No.45, p.3 (C-BERS).

[599] Committee Hansard, 16.3.01, p.299 (SA Department of Human Services).

[600] Committee Hansard, 22.3.01, p.469 (Barnardos).

[601] Committee Hansard, 15.3.01, p.273 (ISS).

[602] Submission No.132, p.39 (CMT).

[603] Submission No.48, Additional Information, 5.6.01, p.1(ISS).

[604] Submission No.56, p.2 (Swanleigh).

[605] Submission No.48, Additional Information, 5.6.01, p.2 (ISS).

[606] Committee Hansard, 22.3.01, pp.469-470 (Barnardos).

[607] Committee Hansard, 22.3.01, p.470 (Barnardos).

[608] Committee Hansard, 16.2.01, p.118 (Professor Plowman).

[609] Submission No.129, p.45 (IAFCM&F); Submission No.132, p.46 (CMT); Submission No.54, p.18 (JLG). See also Submission No.30, p.5; Submission No.37, p.3; Submission No.93, p.22; Submission No.110, p.2; Submission No.141, p.3.

[610] See, for example, Committee Hansard, 16.2.01, p.72 (CMFS).

[611] Submission No.32, p.46 (CMT); Submission No.129, p.45 (IAFCM&F).

[612] Submission No.44, p.5 (CMFS).

[613] Submission No.44, pp.5-6 (CMFS).

[614] Committee Hansard, 16.2.01, p.116 (ACMF).

[615] Submission No.126, p.5.

[616] Committee Hansard, 16.2.01, p.81 (CMFS).

[617] Submission No.44, p.6 (CMFS). See also Committee Hansard, 16.2.01, p.72 (CMFS).

[618] Report on a forum of Maltese former child migrants. See Submission No.45, Additional Information, 4.5.01, p.3 (C-BERS).

[619] Committee Hansard, 16.2.01, p.148 (C-BERS).

[620] Committee Hansard, 16.2.01, p.148 (C-BERS).

[621] Submission No.44, p.5 (CMFS). See also Submission No.25, p.2; Submission No.71, p.2; Submission No.82, p.4.

[622] Committee Hansard, 16.2.01, p.109 (ACMF). See also Committee Hansard, 22.3.01, p.469 (Barnardos).

[623] Committee Hansard, 16.2.01, p.116 (ACMF).

[624] Submission No.54, p.18 (JLG). See also Committee Hansard, 15.3.01, p.278 (ISS).

[625] Committee Hansard, 22.3.01, p.497 (JLG).

[626] See, for example, Committee Hansard, 16.2.01, p.75 (CMFS).

[627] Submission No.44, Additional Information, 26.2.01, p.2 (CMFS).

[628] Committee Hansard, 16.2.01, p.109 (ACMF).

[629] Committee Hansard, 6.6.01, p.22 (DIMA). For details on the funding of the CMT see chapter 5.

[630] Committee Hansard, 15.3.01, p.279 (ISS).

[631] Submission No.98, p.5 (NCH).

[632] Committee Hansard, 15.3.01, p.278 (ISS).

[633] Committee Hansard, 16.2.01, p.108 (ACMF).

[634] See, for example, Committee Hansard, 16.2.01, p.73.

[635] Submission No.43, p.4 (Fairbridge Foundation); Submission No.136, p.1 (Fairbridge WA).

[636] Committee Hansard, 22.3.01, p.469 (Barnardos).

[637] Queensland Government, Queensland Government Response to Recommendations of the Commission of Inquiry into Abuse of Children in Queensland Institutions, August, 1999, p.43.

[638] Committee Hansard, 15.3.01, p.270 (ISS). See also Submission No.51, p.6 (CCWC); Submission No.98, p.5 (NCH).

[639] Committee Hansard, 15.3.01, p.270 (ISS). See also Submission No.48, pp.4,7 and Additional Information, 5.6.01, p.2 (ISS).

[640] Committee Hansard, 15.3.01, p.278 and Submission No.48, Additional Information, 5.6.01, p.2 (ISS).

[641] Committee Hansard, 15.3.01, p.279 (ISS).

[642] Committee Hansard, 6.2.01, p.22 (DIMA).

[643] Committee Hansard, 22.3.01, p.496 (JLG).

[644] Committee Hansard, 22.3.01, pp.497-98 (JLG).

[645] Submission No.45, Additional Information, 4.5.01, p.2 (C-BERS).

[646] Committee Hansard, 15.3.01, p.259 (Broken Rites).

[647] Submission No.54, p.11 (JLG).

[648] Submission No.71, p.2.

[649] Submission No.66, p.2.

[650] Submission No.123, p.3.

[651] Submission No.87, p.15.

[652] Committee Hansard, 15.2.01, p.57.

[653] Submission No.45, p.2 (C-BERS). See also Submission No.54, p.11 (JLG).

[654] Committee Hansard, 22.3.01, p.470 (Barnardos).

[655] Submission No.132, p.35 (CMT).

[656] Submission No.97, p.4.

[657] Submission No.110, p.1.

[658] Submission No.132, p.18 (CMT).

[659] Submission No.132, p.30 (CMT).

[660] Committee Hansard, 16.2.01, p.105 (ACMF).

[661] Committee Hansard, 16.2.01, pp.109, 114 (ACMF).

[662] Committee Hansard, 16.2.01, p.83.

[663] Submission No.86, Additional Information.

[664] Submission No.45, Attachment, p.1 (C-BERS).

[665] Committee Hansard, 22.3.01, p.470 (Barnardos).

[666] Submission No.44, Additional Information, 17.2.01, p.4 (CMFS).

[667] Submission No.45, Attachment, p.2 (C-BERS).

[668] Committee Hansard, 16.2.01, p.83.

[669] Submission No.127, p.2 (SA Department of Human Services).

[670] Committee Hansard, 16.3.01, p.295 (SA Department of Human Services).

[671] Committee Hansard, 16.3.01, p.295 (SA Department of Human Services).

[672] Committee Hansard, 22.3.01, p.484 (JLG).

[673] Submission No.129, p.34 (IAFCM&F).

[674] Committee Hansard, 16.2.01, p.148; Submission No.45, p.2 (C-BERS).

[675] Committee Hansard, 16.2.01, p.71 (CMFS); Committee Hansard, 26.3.01, p.556 (IAFCM&F).

[676] Submission (Confidential).

[677] Submission No.54, p.12 (JLG).

[678] Submission No.54, p.12 (JLG).

[679] Committee Hansard, 15.2.01, p.40.

[680] Submission No.44, p.6 (CMFS).

[681] Submission No.129, Additional Information, 23.4.01, p.3 (IAFCM&F).

[682] Submission No.45, p.2 (C-BERS).

[683] Submission No.45, p.2 (C-BERS).

[684] Committee Hansard, 16.2.01, p.73 (CMFS).

[685] Submission No.54, p.13 (JLG).

[686] Submission No.51, p.4 (CCWC).

[687] Committee Hansard, 22.3.01, p.446 (Fairbridge Foundation).

[688] Submission No.43, p.4 (Fairbridge Foundation).

[689] Submission No.98, p.3 (NCH).

[690] Submission No.48, p.3 (ISS).

[691] Committee Hansard, 21.3.01, p.418 (Qld Department of Families).

[692] Submission No.42, Additional Information, 9.4.01, p.1 (DIMA).

[693] Submission No.44, p.9 (CMFS); Submission No.57, p.12 (Broken Rites).

[694] Submission No.57, p.12 (Broken Rites); Submission No.44, Additional Information, 26.2.01, p.2 (CMFS); Submission No.44, Additional Information, 17.2.01, p.6 (CMFS).

[695] Submission No.57, Additional Information, 15.5.01, p.6 (Broken Rites). See also Committee Hansard, 15.3.01, pp.254-55 (Broken Rites).

[696] Clare, B, Needs Survey - Accommodation Needs of Former Residents of Christian Brothers’ Institutions in Western Australia, May 1998; Committee Hansard, 22.3.01, p.485 (JLG).

[697] Needs Survey, pp.12-14,17.

[698] SAAP is a joint Commonwealth-State program that provides recurrent funding to over 1200 agencies that provide services and assistance to people who are homeless or in danger of becoming homeless.

[699] Needs Survey, p.18.

[700] Needs Survey, pp.18-19.

[701] Needs Survey, p.19.

[702] Committee Hansard, 16.2.01, pp.76-77 (CMFS).

[703] Submission No.57, Additional Information, 15.5.01, p.6 (Broken Rites).

[704] Committee Hansard, 15.3.01, p.257 (Broken Rites).

[705] Submission No.57, p.12 (Broken Rites).

[706] Submission No. 51, Attachment 1, p.4 (CCWC).

[707] Submission No.44, Additional Information, 26.2.01, p.2 (CMFS).

[708] Committee Hansard, 16.2.01, pp.77,85 (CMFS); Committee Hansard, 15.3.01, p.257 (Broken Rites).

[709] Committee Hansard, 16.2.01, p.77 (CMFS).

[710] Information provided by the Parliamentary Library.

[711] Submission No.44, Additional Information, 26.2.01, p.2 (CMFS).

[712] Committee Hansard, 22.3.01, p.472 (Barnardos).

[713] Committee Hansard, 15.3.01, p.257 (Broken Rites).

[714] Submission No.15, p.4 (Dr Coldrey); Committee Hansard, 15.3.01, p.222 (Dr Coldrey); Committee Hansard, 22.3.01, p.512 (Mr Gill).

[715] Committee Hansard, 15.3.01, p.222 (Dr Coldrey).

[716] Letter from the Christian Brothers to the Committee, dated 8.5.01.

[717] Committee Hansard, 16.2.01, p.143 (C-BERS).

[718] Letter from the Christian Brothers to the Committee, dated 8.5.01.

[719] Submission No.129, p.41(IAFCM&F). See also Submission No.40, pp.2-3; Submission No.74, p.1.

[720] Submission No.74, p.1.

[721] Submission No.126, p.5.

[722] Letter from FaCS to the Committee, dated 21.5.01, p.2.

[723] Letter from FaCS to the Committee, p.2.

[724] Letter from FaCS to the Committee, p.2.

[725] Joint Standing Committee on Treaties, Termination of the Social Security Agreement with the United Kingdom, Report No 27, December 1999, p.8.

[726] Letter from FaCS to the Committee, p.2.

[727] Treaties report, p.11.

[728] Letter from FaCS to the Committee, p.2.

[729] Submission No.129, p.41(IAFCM&F). See also Submission No.132, p.4 (CMT).

[730] An ‘entitled person’ is defined as - a women who has been an Australian resident for a period of at least 10 years; and a women in receipt of a widow B pension. See letter from FaCS to the Committee, pp. 2-3.

[731] Letter from FaCS to the Committee, p.3.

[732] Submission No.44, Additional Information, 26.2.01, p.4 (CMFS).

[733] Submission No.129, p.46 (IAFCM&F). See also Submission No.74, p.1.

[734] Submission No.126, p.5. See also Submission No.74, p.1.

[735] Committee Hansard, 15.2.01, p.35; Committee Hansard, 15.2.01, p.54. A number of child migrants received remedial education from the Army.

[736] Committee Hansard, 26.3.01, p.563 (IAFCM&F).

[737] Committee Hansard, 16.2.01, p.141(C-BERS).

[738] Committee Hansard, 16.2.01, p.141 (C-BERS).

[739] Submission No.136, p.2 (Fairbridge WA); Committee Hansard, 16.2.01, p.122 (Fairbridge WA).

[740] Queensland Government, Queensland Government Response to Recommendations of the Commission of Inquiry into Abuse of Children in Queensland Institutions, August 1999, p.43; Committee Hansard, 21.3.01, p.416 (Queensland Department of Families).

[741] Committee Hansard, 16.3.01, pp.296-97 (SA Department of Human Services).

[742] Committee Hansard, 22.3.01, p.502 (JLG).

[743] Submission (Confidential).

[744] Submission No.95, p.36.

[745] Committee Hansard, 15.2.01, p.57.

[746] Queensland Law Reform Commission, Review of the Limitation of Actions Act 1974 (Qld), Report No.53, September 1998, p.160.

[747] Law Reform Commission of Western Australia, Report on Limitation and Notice of Actions, Project No35, Part II, January 1997, p.238.

[748] Committee Hansard, 6.2.01, pp.24, 26 (DIMA).

[749] Committee Hansard, 15.3.01, p.249 (Broken Rites).

[750] Submission No.146, Additional Information, p.1 (Qld Government).

[751] Gill, A, Orphans of the Empire: the shocking story of child migration to Australia, Random House, 1998, pp.757, 759.

[752] Committee Hansard, 15.2.01, pp.41-42.

[753] Committee Hansard, 15.2.01, p.52.

[754] Submission (Confidential).

[755] Committee Hansard, 15.3.01, p.263 (Broken Rites).

[756] Submission No.50, Additional Information, 3.5.01 p.1 (Barnardos).

[757] Committee Hansard, 15.2.01, pp.48-49.

[758] Marfording, A, ‘Access to justice for survivors of child sexual abuse’, Torts Law Journal, 1997 (5) p.247.

[759] Committee Hansard, 15.3.01, p.222 (Dr Coldrey); Committee Hansard, 22.3.01, p.512 (Mr A Gill).

[760] Submission No.129, p.41. (IAFCM&F).

[761] House of Commons Health Committee Report of its Inquiry into the Welfare of Former British Child Migrants, paragraph 111.

[762] Australian Government Response to the British Government Response to the Recommendations of the British House of Commons Health Committee’s Report of its Inquiry into the Welfare of Former British Child Migrants, Recommendation: paragraph 111: compensation.

[763] Submission No.135, p.15 (WA Department for Family and Children’s Services).

[764] Submission No.57, Additional Information, 15.5.01, p.3 (Broken Rites).

[765] Committee Hansard, 15.3.01, p.263 (Broken Rites).

[766] Submission No.57, Additional Information, 15.5.01, p.4 (Broken Rites).

[767] Gill, A, Orphans of the Empire, pp.767, 778-82.

[768] Committee Hansard, 15.2.01, p.49.

[769] Gill, A, Orphans of the Empire, p.781.

[770] Submission No.95, p.37.

[771] Gill, p.784.

[772] Committee Hansard, 22.3.01, p.484 (JLG).

[773] Submission No.118, p.5.

[774] Submission No.50, p.3 (Barnardos).

[775] Submission No.82, p.3.

[776] See, for example, Submission No.50, p.6 (Barnardos); Committee Hansard, 22.3.01, p.530.

[777] Healing: A Legacy of Generations, Report by the Senate Legal and Constitutional References Committee, November 2000, pp.111-112.

[778] Submission No.42, p.39 (DIMA).

[779] Submission No.42, pp.39-40 (DIMA).

[780] See Appendix 7.

[781] Submission No.135, p.14 (WA Department for Family & Children’s Services).

[782] Queensland Government, Queensland Government Response to Recommendations of the Commission of Inquiry into Abuse of Children in Queensland Institutions, August 1999, p.41.

[783] Apology cited in Submission No.146, p.4 (Queensland Government).

[784] The statement of apology was published in The Australian and The West Australian on 3 July 1993. It is cited in Gill, A, Orphans of the Empire, Random House, Sydney, 1998, p.745. The full text of this statement of apology is in Appendix 7.

[785] Submission No.54, p.17 (JLG).

[786] Submission No.44, p.44 (CMFS).

[787] Submission No.118, p.3

[788] Submission No.118, p.5

[789] Committee Hansard, 22.3.01, pp.483-44 (JLG).

[790] Committee Hansard, 22.3.01, p.504 (JLG) - emphasis added.

[791] Committee Hansard, 22.3.01, p.485 (JLG).

[792] House of Commons, Health Committee, The Welfare of Former British Child Migrants, HC 755, Session 1997-98, para. 118.

[793] UK Government Response to the Third Report from the Health Committee, Session 1997-98, pp.2-3.

[794] Submission No.54, p.19 (JLG). See also Submission No.44, p.7 (CMFS); Submission No.15, p.4 (Dr Coldrey).

[795] Submission No.44, p.7 (CMFS).

[796] Submission No.44, p.7 (CMFS).

[797] Submission No.44, p.7 (CMFS).

[798] Submission No.129, p.40 (IAFCM&F). See also Committee Hansard, 26.3.01, p568 (IAFCM&F)

[799] Submission No.54, p.17 (JLG).

[800] Submission No.15, p.4 (Dr Coldrey). See also Committee Hansard, 15.3.01, pp.222,235 (Dr Coldrey).

[801] Committee Hansard, 22.3.01, p.512 (Mr Gill).

[802] Submission No.123, p.4.

[803] Submission No.73, p.2.

[804] Submission No.82, p.3.

[805] Submission No.76, p.3.

[806] See Submission No.142, p.2; Submission No.114, p.3.

[807] Committee Hansard, 22.3.01, p.530.

[808] Submission No.142, p.2.

[809] Submission No.148, p.4 (Dr M Fox).

[810] Submission No.29, p.3; Submission No.73, p.2; Submission No.120, p.3; Submission No.141, p.3.

[811] Submission No.148, p.5 (Dr M Fox).

[812] Submission No.73, p.2.

[813] Committee Hansard, 26.3.01, p.568 (IAFCM&F)

[814] Submission No.54, p.17 (JLG).

[815] Submission No.54, pp.17-18 (JLG).

[816] Submission No.50, p.6 (Barnardos).

[817] Submission No.46, pp.5-6 (ACMF).

[818] Committee Hansard, 15.3.01, p.264 (Broken Rites).

[819] Committee Hansard, 15.3.01, p.264 (Broken Rites).

[820] Committee Hansard, 21.3.01, p.359.

[821] Submission No.9, p.6.

[822] Submission No.43, p.6 (Fairbridge Foundation).

[823] Submission No.122, p.5 (Home Children Canada).

[824] Submission No.50, p.6 (Barnardos).

[825] Submission No.28, p.3.

[826] Submission No.22, p.2.

[827] Submission No.89, p.1.

[828] Committee Hansard, 22.3.01, p.465 (CLAN).

[829] Submission No.82, p.4.

[830] Submission No.123, p.4.

[831] Submission No.127, p.7 (SA Department of Human Services).

[832] Committee Hansard, 16.3.01, p.289 (SA Department of Human Services).

[833] Committee Hansard, 16.2.01, p.123 (Fairbridge WA); Committee Hansard, 22.3.01, p.472 (Barnardos); Committee Hansard, 22.3.01, p.520 (Professor Sherington).

[834] Submission No.44, p.8 (CMFS) - emphasis added.

[835] Committee Hansard, 16.2.01, p.123 (Fairbridge WA).

[836] Submission No.129, p.42 (IAFCM&F).

[837] Submission No.37, p.4.

[838] Submission No.129, p.42 (IAFCM&F).

[839] Committee Hansard, 26.3.01, p.566 (IAFCM&F). See also Submission No.10, pp.1-2.

[840] Committee Hansard, 26.3.01, p.566 (IAFCM&F).

[841] Submission No.44, p.9 (CMFS).

[842] Submission No.36, p.6.

[843] Submission No.136, Additional Information, 27.4.01 (Fairbridge WA).

[844] Submission No.122, pp.16-17 (Home Children Canada).

[845] Submission No.122, Additional Information, 25.8.01 (Home Children Canada).

[846] Submission No.132, p.46 (CMT).

[847] Submission No.132, p.46 (CMT); Submission No.129, p.46 (IAFCM&F).

[848] Submission No.122, p.17 (Home Children Canada).

[849] Submission No.132, p.46 (CMT); Submission No.129, p.46 (IAFCM&F); Committee Hansard, 26.3.01, p.587 (CMT). See also Submission No.123, p.5.

[850] Submission No.52, p.4 (Child Migrants’ Sending Agencies Group).

[851] Submission No.52, p.4 (Child Migrants’ Sending Agencies Group).

[852] The information in this appendix has been derived from a number of sources: the Queensland Law Reform Commission report, Review of the Limitation of Actions Act 1974, Marfording, A, ‘Access to justice for survivors of child sexual abuse’, Torts Law Journal, (1997) 5, pp.221-54, the Department of Immigration and Multicultural Affairs, and the Department of the Parliamentary Library.

[853] For example, criminal proceedings are specifically excluded from the Limitation Act 1981 (NT), section 6(3)(b) and from the Limitation of Actions Act 1974 (Qld), section 6(3)(a).

[854] A tort is a civil wrong.

[855] A secondary offence.

[856] A ‘simple offence’ is defined in section 4 as any offence, indictable or otherwise, punishable on summary conviction by a fine, imprisonment or otherwise.

[857] A ‘simple offence’ is defined in section 4 as an offence for which a person may be imprisoned or fined or both but does not include a minor indictable offence which can only be heard and determined in a summary way.

[858] A ‘simple offence’ is defined in section 4 as any offence, indictable or not, punishable on summary conviction by a fine, imprisonment or otherwise.

[859] A ‘breach of duty’ is defined in section 4 as any act or omission (not a simple offence or non-payment of a mere debt) on complaint of which a magistrate can order the payment of money or make an order for a person to do or not do an act.

[860] South Australian statutes may provide that a minor offence can be expiated by payment of a fine after a person has been served with an expiation notice. An example of an expiable offence in South Australian law is a minor cannabis possession offence.

[861] A ‘simple offence’ is defined in section 3 as any offence, indictable or not, punishable on summary conviction before a justice by a fine, imprisonment or otherwise.

[862] A ‘breach of duty’ is defined in section 3 as any act or omission (not being a simple offence) on complaint of which a justice can make an order for the payment of money or for the doing or not doing of an act.

[863] ‘$2.5m payout over school punishment’, The Age, 15 February 2001. On 15 February 2001, the NSW Supreme Court (Wood CJ) granted the defendants a stay of execution pending their lodgement of an appeal.

[864] Cases involving claims of sexual and physical abuse perpetrated by the Christian Brothers in Christian Brothers institutions in the late 1940s and early 1950s.

[865] BC9501687, unreported, 12 October 1995, per Cole JA at 22.

[866] Review of Commonwealth Criminal Law. Interim Report. Principles of Criminal Responsibility and Other Matters, July 1990, p.293.

[867] I have not checked the situation in all States and Territories.

[868] Modern criminal statutes contain formulae for converting periods of imprisonment to fines.

[869] Of course, in general, ie unless provided for by statute unincorporated associations cannot be prosecuted but their members can be. Fox.

[870] RG Fox, Victorian Criminal Procedure 2000. State and Federal Law, p.12.

[871] ibid, p.12.

[872] For an Australian case, see R v. Denbo Pty Ltd (1994) 6 VIR 157 (SC) where a corporation pleaded guilty to manslaughter.

[873] B Fisse, Howard’s Criminal Law, 5th ed, Law Book Company, Sydney, 1990, pp.608-9.

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