Footnotes

CHAPTER 1

[1]        See, for example, the committee's website at https://www.aph.gov.au/Senate/committee/legcon_ctte/govt_comp/info.htm.

[2]        The term ‘Stolen Generations’ refers to Indigenous people who, as children, were forcibly removed from their families and placed in institutions, foster homes or adoptive families. These removals occurred under government policies which were in place from the mid-nineteenth century until the 1970’s.

[3]        HREOC, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, April 1997.

[4]        HREOC, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, April 1997, recommendations 3 and 4, pp 282-283.

[5]        Senate Legal and Constitutional References Committee, Healing: A Legacy of Generations: The Report of the Inquiry into the Federal Government's Implementation of Recommendations Made by the Human Rights and Equal Opportunity Commission in Bringing Them Home, November 2000.

[6]        Senate Legal and Constitutional References Committee, Healing: A Legacy of Generations, recommendations 7 to 9, pp 260-261.

[7]        Senator the Hon Ian Campbell, Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts, Senate Hansard, 28 June 2001, p. 25401.

[8]        ‘Ex gratia’ literally means ‘as a favour’. In legal terms, an ex gratia payment refers to one which is made when there is no legal obligation to make the payment.

[9]        Senate Legal and Constitutional Affairs Committee, Report on the Stolen Generation Compensation Bill 2008, June 2008, recommendation 1, pp 47-48.

[10]      Australian Government, Government Response to Senate Standing Committee on Legal and Constitutional Affairs Report: Stolen Generation Compensation Bill 2008, December 2009, at: https://www.aph.gov.au/Senate/committee/legcon_ctte/stolen_generation_compenation/gov_response/gov_response.pdf (accessed 7 April 2010), p. 4.

[11]      Journals of the Senate, No. 3, 30 September 2010, p. 114.

[12]      Senate Community Affairs Committee, Lost Innocents: Righting the Record - Report on child migration, August 2001, recommendations 5, 18-22, 27, 30-32, pp xv-xix.

[13]      Senate Community Affairs Committee, Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children, August 2004.

[14]      Senate Community Affairs Committee, Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children, August 2004, recommendation 6, pp 226-228.

[15]      Australian Government, Response to Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children, tabled in the Senate on 10 November 2005, p. 6. See also Department of Families, Housing, Community Services and Indigenous Affairs, Submission 167, p. 2.

[16]      Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited: Report on the progress with the implementation of the recommendations of the Lost Innocents and Forgotten Australians Reports, June 2009.

[17]      Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited: Report on the progress with the implementation of the recommendations of the Lost Innocents and Forgotten Australians Reports, June 2009, recommendations 4 and 5, pp 35-56 and 212-215.

[18]      House of Representatives, Votes and Proceedings, No. 9, 11 March 2008, p. 134; Senate,  Journals of the Senate, No. 3, 14 February 2008, p. 158.

[19]      House of Representatives, Votes and Proceedings, No. 137, 26 November 2009, p. 1533; Senate,  Journals of the Senate, No. 97, 16 November 2009, pp 2701-2702.

[20]      Commission of Inquiry into Abuse of Children in Queensland Institutions, Report of the Commission of Inquiry into Abuse of Children in Queensland Institutions, August 1999, at: www.communityservices.qld.gov.au/community/redress-scheme/publications.html (accessed 30 March 2010), p. xii.

[21]      Commission of Inquiry into Abuse of Children in Queensland Institutions, Report of the Commission of Inquiry into Abuse of Children in Queensland Institutions, recommendation 39, p. 288.

[22]      The Forde Foundation, Forde Facts, at: www.fordefoundation.org.au/forde_facts.html (accessed 13 April 2010); Department of Communities (QLD), Forde Foundation Review 2008: Summary, at: www.fordefoundation.org.au/documents/Forde%20Foundation%20Review%20Summary-final%20copy-web%20page.pdf (accessed 13 April 2010), p. 1; Forde Foundation Board of Advice, Submission 130.

[23]      Schedule 1 of the Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004 (SA); Dr Coral Dow and Janet Phillips, ‘Forgotten Australians’ and ‘Lost Innocents’: Child Migrants and children in institutional care in Australia, Parliamentary Background Note, 11 November 2009, at: www.aph.gov.au/library/pubs/BN/sp/ChildMigrants.htm (accessed 31 March 2010), p. 9.

[24]      Children in State Care Commission of Inquiry South Australia, Report of Children in State Care Commission of Inquiry: Allegations of sexual abuse and death from criminal conduct, March 2008, at: www.agd.sa.gov.au/resources/publications/Mullighan%20Inquiry%20in%20Children%20in%20State%20Care.pdf (accessed 31 March 2010).

[25]      Children in State Care Commission of Inquiry South Australia, Report of Children in State Care Commission of Inquiry, p. 24.

[26]      Children in State Care Commission of Inquiry South Australia, Report of Children in State Care Commission of Inquiry, pp xi and 24.

[27]      Children in State Care Commission of Inquiry South Australia, Report of Children in State Care Commission of Inquiry, recommendation 40, pp xix, xxx and 447-449. See also recommendations 37 to 39, p. xxix.

[28]      The term ‘care leaver’ refers to a person who was in institutional care or another form of out-of-home care, including foster care, as a child or youth, at some time during the 20th century. Some submitters to the inquiry have used the term ‘Forgotten Australians’ to refer to the same group. See also Mr Frank Golding, Submission 102, p. 1.

[29]      Senate Community Affairs Committee, Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children, August 2004, pp 199-210 and 212.

[30]      See, for example, Ms Lily Arthur, Submission 14; Arthur v State of Queensland [2004] QSC 456.

[31]      Senate Community Affairs Committee, Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children, August 2004, pp 200-201. See also Origins Inc, Submission 22, pp 2-3; Mr Brian Cherrie, Submission 26; Mr Daryl Miechel, Submission 43, p. 4; Ms Angela Sdrinis, Submission 75, p. 10; Mr Brian Woods, Submission 78, p. 1; Submission 85 (name withheld), p. 1.

CHAPTER 2 - State redress schemes

[1]        Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited, June 2009, pp 51-55 and 213.

[2]        For example, see Dr Stephen Winter, 'Australia's Ex Gratia Redress', Australian Indigenous Law Review, Vol. 13(1), 2009, pp 49-61.

[3]        Tasmanian Ombudsman, Review of claims of abuse from adults in State care as children: Final Report – Phase 2, June 2006 at: www.ombudsman.tas.gov.au/__data/assets/pdf_file/0005/64499/Final_Report_Phase_2_-_Version_2_-_060620.pdf (accessed 31 March 2010), p. 1.

[4]        Dr Stephen Winter, 'Australia's Ex Gratia Redress', Australian Indigenous Law Review, Vol. 13(1), 2009, p. 51.

[5]        Tasmanian Ombudsman, Listen to the Children: Review of Claims of Abuse from Adults in State Care as Children, November 2004 at: www.ombudsman.tas.gov.au/publications (accessed 31 March 2010), p. 3.

[6]        Tasmanian Ombudsman, Listen to the Children: Review of Claims of Abuse from Adults in State Care as Children, pp 34 and 39.

[7]        Tasmanian Ombudsman, Review of claims of abuse from adults in State care as children: Final Report – Phase 2, June 2006.

[8]        Tasmanian Ombudsman, Review of claims of abuse from adults in State care as children: Final Report – Phase 2, June 2006, p. 1.

[9]        Minister for Human Service (TAS), 'Tasmania at Forefront of Addressing Abuse in State Care', Media Release, 16 November 2009, at: www.media.tas.gov.au/print.php?id=28420 (accessed 31 March 2010), p. 1.

[10]      Department of Communities (QLD), About the Redress Scheme, at: www.communityservices.qld.gov.au/community/redress-scheme/about-scheme.html (accessed 30 March 2010); Queensland Government, Submission 168, p. 10.

[11]      Department of Communities (QLD), Redress Scheme application guidelines: About the Redress Scheme, June 2008, at: www.communityservices.qld.gov.au/community/redress-scheme/documents/redress-application-guidelines.pdf (accessed 12 April 2010) pp 2 and 3; Queensland Government, Submission 168, p. 11.

[12]      Department of Communities (QLD), Redress Scheme application guidelines, p. 2; Queensland Government, Submission 168, p. 10.

[13]      Department of Communities (QLD), Redress Scheme application guidelines, p. 2.

[14]      Department of Communities (QLD), Redress Scheme application guidelines, p. 3; Ms Angela Sdrinis, Submission 75, p. 5.

[15]      Department of Communities (QLD), Redress statistics, at: www.communityservices.qld.gov.au/community/redress-scheme/update.html (accessed 30 March 2010); Queensland Government, Submission 168, p. 13.

[16]      Department for Communities (WA), About Redress, at: www.communities.wa.gov.au/Services/Redress/aboutredress/Pages/default.aspx (accessed 30 March 2010).

[17]      Ms Angela Sdrinis, Submission 75, p. 5.

[18]      Government of Western Australia, Redress WA Guidelines, 15 February 2010, at: http://www.communities.wa.gov.au/Services/Redress/Documents/4760%20Final%20version%20of%20Redress%20WA%20Guidelines-100217.pdf  (accessed 6 April 2010), p. 13.

[19]      Government of Western Australia, Redress WA Guidelines, pp 18 and 39.

[20]      Government of Western Australia, Redress WA Guidelines, p. 26.

[21]      Government of Western Australia, Redress WA Guidelines, p. 14. There was provision to extend this to 30 June 2009 where a person had indicated an intention to lodge an application by 30 April 2009.

[22]      Minister for Community Services, 'Start of Redress WA ex-gratia payment offers', Media Statement, 17 February 2010, at: www.communities.wa.gov.au/Services/Redress/Documents/redresswaexgratiamcs100217.pdf (accessed 30 March 2010).

[23]      Government of Western Australia, Redress WA Newsletter, No. 4, July 2010, at: www.communities.wa.gov.au/Services/Redress/Documents/DPC16690_4TH%20EDITION_1-4.pdf (accessed 17 November 2010), p. 1.

[24]      Minister for Family and Communities (SA), First Annual Report to the Children in State Care Commission of Inquiry Report: Allegations of Sexual Abuse and Death from Criminal Conduct, November 2009, at: www.sa.gov.au/upload/franchise/Crime,%20justice%20and%20the%20law/Mullighan_Inquiry/ANNUAL%20REPORT%20NOVEMBER%202009.pdf (accessed 5 April 2010), p. 73.

[25]      Attorney-General's Department (SA), Application Guidelines: For ex gratia payments for former residents in state care who experienced sexual abuse as children, 2010, at: www.agd.sa.gov.au/pdfs/CISC%20-%20Application%20Guidelines%20(29-1-10).pdf (accessed 31 March 2010) p. 1.

[26]      Attorney-General's Department (SA), Application Guidelines: For ex gratia payments for former residents in state care who experienced sexual abuse as children, p. 2.

[27]      Attorney-General's Department (SA), Application Guidelines: For ex gratia payments for former residents in state care who experienced sexual abuse as children, p. 6.

[28]      Subsection 31(2) of the Victims of Crime Act 2001 (SA). Other states and territories also have legislation providing for compensation for victims of crime. Some care leavers have applied for compensation under this legislation. See for example Victims of Crime (Financial Assistance) Act 1983 (ACT); Victims Support and Rehabilitation Act 1996 (NSW); Victims of Crime Assistance Act (NT); Victims of Crime Assistance Act 1996 (Vic); Ms Angela Sdrinis, Submission 75, p. 9; Ms Cherie Marian, Submission 93, p. 5; Submission 138 (name withheld), p. 2.

[29]      Subsection 31(3) of the Victims of Crime Act 2001 (SA).

[30]      Dr Coral Dow and Janet Phillips, 'Forgotten Australians' and 'Lost Innocents': Child Migrants and children in institutional care in Australia, Background Note, November 2009, at https://www.aph.gov.au/library/pubs/bn/sp/ChildMigrants.pdf (accessed 25 November 2010), p.7.

[31]      Dr Coral Dow and Janet Phillips, 'Forgotten Australians' and 'Lost Innocents': Child Migrants and children in institutional care in Australia, Background Note, November 2009, p. 10.

[32]      Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited, June 2009, p. 43.

[33]      Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited, June 2009, p. 37.

[34]      Senate Community Affairs Committee, Lost Innocents and Forgotten Australians, June 2009, ACT Government, Submission 19, p. 3.

[35]      Department of Families, Housing, Community Services and Indigenous Affairs, answer to question on notice, 29 October 2010 (received 16 November 2010), p. 1.

[36]      HREOC, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, April 1997, pp 99, 117-129, 134 and 138.

[37]      Stolen Generations of Aboriginal Children Act 2006 (Tas); Department of Premier and Cabinet (Tas), Report of the Stolen Generations Assessor: Stolen Generations of Aboriginal Children Act 2006, February 2008, at: www.dpac.tas.gov.au/__data/assets/pdf_file/0004/53770/Stolen_Generations_Assessor_final_report.pdf (accessed 8 April 2010).

[38]      Indian and Northern Affairs Canada, Government of Canada, Indian Residential Schools - Frequently Asked Questions website, at: www.ainc-inac.gc.ca/ai/rqpi/faq-eng.asp (accessed 12 May 2010); Indian Residential Schools Settlement Agreement, May 2006, www.residentialschoolsettlement.ca/Schedule_D-IAP.PDF (accessed 17 November 2010); Residential Institutions Redress Board, A Guide to the Redress Scheme under the Residential Institutions Redress Act, 2002 as amended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005, December 2005, at: www.rirb.ie/application.asp (accessed 31 May 2010); Ms Angela Sdrinis, Submission 75, pp 2-3.

[39]      See, for example, Mr Brian Baker, Submission 6; Mrs Maria Starcevic, Submission 11; Submission 30 (name withheld), pp 2-5; Submission 31 (name withheld); Submission 38 (name withheld), pp 2-3; Submission 40 (name withheld); Mr Stephen Sams, Submission 61; Ms Heather Templeman, Submission 82; Mr Bruce R. Hubbard, Submission 99; Mr William Baker, Submission 100; Ms Judith Mitchell, Submission 101; Submission 107 (name withheld); Submission 111 (name withheld); Mrs Margaret Hart, Submission 115; Submission 122 (name withheld); Submission 128 (name withheld), p. 1; Ms Diane Witchard, Submission 146.

[40]      Mr Maurice Vickers, Submission 1, pp 1-2; Ms Christine Waite, Submission 3, p. 1; Confidential Submission 19; Origins Inc, Submission 22, p. 3; Confidential Submission 25. See also Submission 86 (name withheld), p. 8; Submission 91 (name withheld), p. 1; Mr Frank Golding, Submission 102, pp 9 and 11; Ms Leonie Sheedy, CLAN, Committee Hansard, 2 November 2010, p. 8.

[41]      Committee Hansard, 2 November 2010, p. 8.

[42]      Submission 37, p. 2. See also Submission 127 (name withheld), p. 2; CLAN, Submission 139, p. 4.

[43]      Submission 133, p. 5.

[44]      Submission 22, p. 4. See also Ms Cherie Marian, Submission 93, p. 12; Mr Frank Golding, Submission 102, p. 11.

[45]      Submission 93, p. 14. See also Mr Tony Young, Submission 35, p. 2.

[46]      Submission 14, p. 6. See also CLAN, Submission 139, pp 5-7.

[47]      Submission 22, p. 3. See also Submission 30 (name withheld), p. 6; Ms Muriel Dekker, Submission 34, p. 2; Submission 86 (name withheld), p. 7.

[48]      Ms Alison G. Fuller, Submission 2, p. 1; Mr Kevin Uren, Submission 136, pp 3 and 6.

[49]      Ms Alison G. Fuller, Submission 2, Attachment 1, pp 1-3; Ms Muriel Dekker, Submission 34, p. 2; Mr Tony Young, Submission 35, p. 4; Wings for Survivors, Submission 37, p. 2; Confidential Submission 74, p. 2; Ms Cherie Marian, Submission 93, pp 10 and 12; Mr Frank Golding, Submission 102, p. 10; Submission 127 (name withheld), p. 2. The Western Australian Government reduced the maximum payment from $80,000 to $45,000, while the maximum payment under the Tasmanian scheme was reduced from $60,000 to $35,000.

[50]      Submission 1, p. 2 (Bold in original). See also Ms Irene Kalves, Submission 59, p. 4

[51]      Mr Phillip Chalker, Submission 5, pp 2-3; Submission 30 (name withheld), p. 6; Mr Tony Young, Submission 35, pp 2-3.

[52]      Submission 34, p. 3.

[53]      Submission 71, p. 4.

[54]      Ms Dianne Hughes, Submission 4; Mr Daryl Miechel, Submission 43, p. 5; Submission 85 (name withheld), p. 2; Submission 126 (name withheld), p. 3; Submission 132 (name withheld), pp 2-3; Submission 149 (name withheld).

[55]      Submission 132 (name withheld), p. 5. See also CLAN, Submission 139, p. 10.

[56]      Submission 139, pp 5-7.

[57]      Submission 139, p. 7.

[58]      Submission 72. See also Mr Bruce Hubbard, Submission 99; Mr Gordon Waters, Submission 110, p. 1; Confidential Submission 147, p. 2; Mr William McLeary and Ms Avis Bowman, Submission 148, p. 2; Submission 153 (name withheld); Confidential Submission 160; Confidential Submission 161, pp 3-4; Submission 165 (name withheld), p. 2.

[59]      Committee Hansard, 3 November 2010, p. 8.

[60]      Submission 139, p. 3. See also Wings for Survivors, Submission 37, pp 10-11 and 13; Mr Frank Golding, Submission 102, p. 10; Ms Diane Tronc, Submission 152, p. 1.

[61]      Ms Christine Waite, Submission 3a, p. 1 and Attachment 1, pp 3-4; Ms Gwen Robinson, Submission 8. See also Submission 69 (name withheld), p. 4.

[62]      Submission 8. See also Ms Patricia Pascoe, Submission 17; Confidential Submission 18, pp 3-4; Confidential Submission 18a; Confidential Submission 41; Submission 69 (name withheld), p. 4.

[63]      Submission 88, pp 1 and 7. See also Ms Varina Gilbert, Submission 156, p. 1.

[64]      Mr Frank Golding, Submission 102, p. 10. See also Mr James Luthy, Submission 113. pp 1-2; CLAN, Submission 139, p. 3.

[65]      Confidential Submission 27, pp 1-2; Mr Brian Woods, Submission 78, p. 1; Mr Frank Golding, Submission 102, p. 10; Mr James Luthy, Submission 113. p. 2; Alliance for Forgotten Australians, Submission 133, pp 3 and 5; Mr Kevin Uren, Submission 136, p. 1; CLAN, Submission 139, p. 3; Mr William Ward, Submission 162, p. 2.

[66]      Confidential Submission 27, p. 2; Mr Kevin Uren, Submission 136, p. 2.

[67]      Wings for Survivors, Submission 37, p. 9; Submission 44 (name withheld), p. 2; Confidential Submission 87, p.2; Submission 127 (name withheld), p. 2.

[68]      Committee Hansard, 3 November 2010, p. 26.

[69]      Confidential Submission 87, p. 2; Hon Ruth Forrest MLC on behalf of Mrs Sandra Radford, Submission 88, pp 2 and 6-7; Ms Lorraine McDonagh, Submission 89; Confidential Submission 106, p. 2; Child Migrants Trust, Submission 142, p. 5; Submission 155 (name withheld); Ms Varina Gilbert, Submission 156, p. 3.

[70]      Confidential Submission 19.

[71]      Committee Hansard, 3 November 2010, p. 31.

[72]      Submission 88, p. 7. See also Mr Frank Golding, Submission 102, p. 10.

[73]      Wings for Survivors, Submission 37, p. 2; Mr Daryl Miechel, Submission 43, p. 1; Confidential Submission 48, p. 2; Confidential Submission 50, p. 2; International Association of Former Child Migrants and their Families, Submission 51, p. 3; Ms Irene Kalves, Submission 59, pp 3-4; Submission 80 (name withheld), p. 2; Submission 85 (name withheld), p. 1; Connecting Home Ltd, Submission 90, pp 1-2; Ms Cherie Marian, Submission 93, pp 8 and 18; Mr Frank Golding, Submission 102, pp 8, 9 and 11; Submission 112 (name withheld), p. 4; Ms Kathryn Armstrong, Submission 134, p. 1; Submission 141 (name withheld), p. 2; Ms Venetta Lohse, Submission 145, p. 8; Confidential Submission 157, p. 9; Confidential Submission 158, p. 1; Mr William Ward, Submission 162, p. 2.

[74]      Submission 28, p. 2. See also Ms Sonya Irving, Submission 9; Ms Irene Kalves, Submission 59, pp 1-2 and 3; Mr Danny Hewat, Submission 95, p. 1.

[75]      Submission 93, p. 9. See also Mr Frank Golding, Submission 102, pp 8 and 13; Committee Hansard, 3 November 2010, p. 3.

[76]      Submission 75, p. 7.

[77]      Submission 26. See also Confidential Submission 104; Mr William Ward, Submission 162, p. 1.

[78]      Submission 40 (name withheld), p. 8.

[79]      Submission 103, p. 2.

[80]      Submission 96, p. 3. See also Submission 97 (name withheld), pp 3-4; Mr Gordon Waters, Submission 110, p. 1; Submission 125 (name withheld), p. 1.

[81]      Ms Ellen Bucello, Submission 42, p. 1; Submission 84 (name withheld), p. 7; Mr Frank Golding, Submission 102, p. 12; Submission 120 (name withheld), p. 5; Confidential Submission 140, p. 6.

[82]      Submission 22, p. 2.

[83]      Confidential Submission 73, p. 1; Ms Cherie Marian, Submission 93, p. 6; Forde Foundation Board of Advice, Submission 130; Child Migrants Trust, Submission 142, p. 4.

[84]      Submission 67 (name withheld); Confidential Submission 87, p. 2; Ms Cherie Marian, Submission 93, p. 6; Mr Frank Golding, Submission 102, pp 4-5; Submission 118 (name withheld), p. 3; Submission 129 (name withheld), p. 2; Submission 132 (name withheld), pp 1-2; Alliance for Forgotten Australians, Submission 133, p. 6; Child Migrants Trust, Submission 142, p. 4.

[85]      Submission 10 (name withheld) p. 2. See also yigss org, Submission 12, p. 1, Wings for Survivors, Submission 37, p. 2; Mr Frank Golding, Submission 102, p. 12; Submission 118 (name withheld), p. 4; Forde Foundation Board of Advice, Submission 130; Child Migrants Trust, Submission 142, p. 5.

[86]      Submission 102, p. 12. See also Submission 47 (name withheld), p. 1; Ms Julie Evans, Submission 66, p. 1; Ms Cherie Marian, Submission 93, p. 6; Australian Human Rights Commission, Submission 124, attachment 1, p. 4; Submission 132 (name withheld), p. 6; CLAN, Submission 139, pp 4-5.

[87]      Ms Cherie Marian, Submission 93, pp 7 and 18; Mr Frank Golding, Submission 102, p. 12.

[88]      Committee Hansard, 3 November 2010, p. 5.

[89]      Confidential Submission 94. See also Submission 47 (name withheld), pp 1 and 2; Australian Human Rights Commission, Submission 124, attachment 1, p. 4; Alliance for Forgotten Australians, Submission 133, p. 4; Confidential Submission 140, p. 6; Submission 163 (name withheld), p. 3.

[90]      Submission 110, p. 1. See also Ms Rozlyn de Bussey, Submission 76, p. 1; Ms Heather Templeman, Submission 82; Submission 126 (name withheld), p. 3; Confidential Submission 131, p. 2; Submission 138 (name withheld), p. 2; Confidential Submission143, p. 2; Submission 153 (name withheld); Submission 154 (name withheld).

[91]      Submission 37, p. 2. See also Mr Frank Golding, Submission 102, p. 12; Submission 112 (name withheld), pp 4-5; Submission 132 (name withheld), p. 7; Ms Kathryn Armstrong, Submission 134, p. 1.

[92]      Mr Geoff Steele, Submission 7, pp 1, 3 and 4; Wings for Survivors, Submission 37, p. 3; Confidential Submission 54, p. 2; Confidential Submission 74, p. 2; Mr Danny Hewat, Submission 95, p. 2; Alliance for Forgotten Australians, Submission 133, p. 6; Ms Kathryn Armstrong, Submission 134, p. 2; Child Migrants Trust, Submission 142, pp 6 and 7.

[93]      See, for example, Origins Inc, Submission 22, p. 4; Ms Glenda Farnham, Submission 36; Ms Ellen Bucello, Submission 42, p. 6; Submission 91 (name withheld), pp 1-2; Mr Alfred Stirling, Submission 98; Mr Peter Schroder, Submission 109; Ms Sherrie Else, Submission 117; Submission 120 (name withheld), p. 5; Submission 129 (name withheld), p. 3; Submission 135 (name withheld), p. 1; Ms Rayelene O'Hehir, Submission 144, p. 5.

[94]      Submission 28, p. 2.

[95]      Ms Jan Mason, Committee Hansard, 29 October 2010, pp 8-9.

[96]      Submission 51, pp 1 and 3-4; section 6 of the Immigration (Guardianship of Children) Act 1946. See also Child Migrants Trust, Submission 142, pp 2 and 7.

[97]      Submission 51, p. 3. See also Child Migrants Trust, Submission 142, p. 3.

[98]      Submission 102, p. 9. See also Submission 47 (name withheld), p. 1; Ms Cherie Marian, Submission 93, p. 13; Submission 132 (name withheld), pp 6 and 7; Alliance for Forgotten Australians, Submission 133, pp 5 and 8; Submission 163 (name withheld), p. 3.

[99]      Submission 93, p. 13.

[100]    See, for example, Ms Marie Armytage, Submission 60, p. 3; Mr James Priestley, Submission 65; Mr Brian Woods, Submission 78, p. 2; Mr Gordon Waters, Submission 110, pp 1-2; Submission 112 (name withheld), p. 5; Submission 127 (name withheld), p. 4; Ms Kathryn Armstrong, Submission 134, p. 2; Submission 137 (name withheld), p. 1; Submission 153 (name withheld); Submission 154 (name withheld).

[101]    See, for example, Submission 49 (name withheld), p. 27; Ms Irene Kalves, Submission 59, p. 4; Mr James Priestley, Submission 65; Ms Angela Sdrinis, Submission 75, p. 11; Mr Brian Woods, Submission 78, p. 2; Mr Peter Schroder, Submission 109; Mr Gordon Waters, Submission 110, pp 1-2; Submission 127 (name withheld), p. 4; Submission 132 (name withheld), p. 7; Submission 135 (name withheld), pp 1-2; Submission 137 (name withheld), pp 1-2; CLAN, Submission 139, p. 12. See also Ms Marie Armytage, Submission 60, p. 3; Ms Lois Raines, Submission 164, p. 2.

[102]    Submission 139, p. 11.

[103]    Committee Hansard, 2 November 2010, p. 2.

[104]    Committee Hansard, 2 November 2010, pp 6-7.

[105]    Submission 10 (name withheld) p. 2; Mr Frank Golding, Submission 102, pp 15-17. See also CLAN, Submission 139, pp 11-12; Ms Leonie Sheedy, CLAN, Committee Hansard, 2 November 2010, p. 9.

[106]    Submission 75, p. 3. See also Ms Cherie Marian, Submission 93, p. 14.

[107]    Submission 75, p. 3.

[108]    Submission 75, p. 11.

[109]    Submission 47 (name withheld), p. 2. See also Ms Angela Sdrinis, Submission 75, pp 10-11; Submission 118 (name withheld), pp 3-4.

[110]    Confidential Submission 21, p. 1; Submission 23 (name withheld); Wings for Survivors, Submission 37, pp 5-6; Submission 44 (name withheld), p. 2; Submission 49 (name withheld), p. 26; Mr Michael Brown, Submission 70, p. 1; Ms Rozlyn de Bussey, Submission 76, p. 2; Mr Brian Woods, Submission 78, p. 2; Ms Diane Tronc, Submission 152, p. 1.

[111]    Submission 133, p. 11.

[112]    Submission 84 (name withheld), p. 10; Alliance for Forgotten Australians, Submission 133, p. 12; Ms Diane Tronc, Submission 152, p. 1. See also Mr Frank Golding, Submission 102, pp 8-9.

[113]    Committee Hansard, 3 November 2010, p. 15.

[114]    Committee Hansard, 2 November 2010, pp 5-6.

[115]    Committee Hansard, 2 November 2010, p. 5.

[116]    Submission 98. See also Submission 38 (name withheld), p. 2; Ms Kathryn Armstrong, Submission 134, p. 1.

[117]    Committee Hansard, 3 November 2010, p. 3.

[118]    Submission 102, p. 3. See also Submission 163 (name withheld), p. 3.

[119]    Submission 156, pp 3-4.

[120]    Submission 124, p. 2. See also attachment 1, pp 1 and 6.

[121]    Submission 124, p. 2.

[122]    Submission 90, p. 4. See also Public Interest Advocacy Centre Ltd, Submission 114, p. 3.

[123]    Committee Hansard, 3 November 2010, p. 16.

[124]    Senate Community Affairs Committee, Lost Innocents and Forgotten Australians Revisited, June 2009, recommendations 4 and 5, pp 35-56 and 212-215.

[125]    HREOC, Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, April 1997, pp 99, 117-129, 134 and 138.

CHAPTER 3 - Other government compensation mechanisms

[1]        Department of Finance and Deregulation, Submission 92, pp 4-5. Subsection 62(1) of the FMA Act and section 18C of the Acts Interpretation Act 1901 allow the Finance Minister to delegate this power.

[2]        Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 2-3, 24 and 26-27. See also Department of Finance and Deregulation, Submission 92, p. 5.

[3]        Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 24 and 27.

[4]        Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 25.

[5]        Regulation 29 of the Financial Management and Accountability Regulations 1997; Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 26.

[6]        Submission 92, p. 11. See also Department of Families, Housing, Community Services and Indigenous Affairs, Submission 167, p. 4.

[7]        Department of Finance and Deregulation, untitled document tabled on 29 October 2010.

[8]        Department of Finance and Deregulation, untitled document tabled on 29 October 2010, p. 1.

[9]        Submission 92, appendix 3, p. 1. For another example see ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 111.

[10]      Compensation (Japanese Internment) Act 2001; Veterans' Entitlements (Compensation - Japanese Internment) Regulations 2001.

[11]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 39.

[12]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004.

[13]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 26. See also Department of Finance and Deregulation, Submission 92, p. 6; Dr Guy Verney, Department of Finance and Deregulation, Committee Hansard, 29 October 2010, pp 3-4.

[14]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 44. Brackets in original.

[15]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 35.

[16]      Dr Guy Verney, Committee Hansard, 29 October 2010, pp 3-4.

[17]      Submission 167, p. 5.

[18]      Section 130 of the Financial Management Act 1996 (ACT); section 37 of the  Financial Management Act (NT); section 72 and the definition of 'special payments' in Schedule 3 of the Financial Accountability Act 2009 (QLD); section 80 of the Financial Management Act 2006 (WA).

[19]      New South Wales Treasury, 'Ex Gratia Payments', Treasury Circular NSW TC 05/05, 29 June 2005; Department of Treasury and Finance (SA), 'Ex Gratia Payments', Treasurer's Instruction 14, 11 October 2005.

[20]      The Legal Service Directions 2005 are a legislative instrument made by the Attorney-General under section 55ZF of the Judiciary Act 1903.

[21]      Appendix C of the Legal Service Directions 2005; Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 4-5.

[22]      Minister for Immigration and Citizenship, 'Cornelia Rau’s settlement offer finalised', Media Release, 7 March 2008, at: www.minister.immi.gov.au/media/media-releases/2008/ce08021.htm (accessed 2 June 2010); Jewel Topsfield and Andra Jackson, '$4.5m payout to Alvarez Solon for wrongful deportation', The Age, 1 December 2006 at: www.theage.com.au/news/national/45m-payout-to-alvarez-solon-for-wrongful-deportation/2006/11/30/1164777724375.html (accessed 2 June 2010).

[23]      Subsection 62(1) of the FMA Act and section 18C of the Acts Interpretation Act 1901 allow the Finance Minister to delegate these powers.

[24]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 27; Department of Finance and Deregulation, Submission 92, p. 6.

[25]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 3; See also Department of Finance and Deregulation, Submission 92, p. 7.

[26]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 33.

[27]      Regulation 29 of the Financial Management and Accountability Regulations 1997; Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 34.

[28]      Submission 92, p. 11; Department of Finance and Deregulation, untitled document tabled on 29 October 2010.

[29]      Department of Finance and Deregulation, untitled document tabled on 29 October 2010, p. 1.

[30]      Submission 92, p. 7.

[31]      Department of Families, Housing, Community Services and Indigenous Affairs, Submission 167, p. 6.

[32]      Section 131 of the Financial Management Act 1996 (ACT); subsection 35(2) of the Financial Management Act (NT).

[33]      Section 72 of the Financial Accountability Act 2009 (QLD); section 62 of the Financial Management and Audit Act 1990 (Tas); section 55 of the Financial Management Act 1994 (Vic); section 48 of the Financial Management Act 2006 (WA).

[34]      New South Wales Treasury, 'Recovery of debts due to the State', Treasurer's Directions, at: www.treasury.nsw.gov.au/__data/assets/pdf_file/0007/6559/treasurer_directions.pdf (accessed 4 June 2010), TD93/4, 450.01; Department of Treasury and Finance (SA), 'Ex Gratia Payments', Treasurer's Instruction 5, 19 June 2006. See also Department of Treasury and Finance (Vic), Standing Directions of the Minister for Finance and Associated Rules and Supplementary Material, January 2008, pp 44-46.

[35]      Submission 172, p. 2.

[36]      Committee Hansard, 2 November 2010, p. 27.

[37]      Submission 172, pp 3 and 6.

[38]      Committee Hansard, 2 November 2010, p. 27.

[39]      Submission 90, p. 2. See also Ms Julie Anderson, Submission 77.

[40]      Submission 167, p. 7.

[41]      Department of Families, Housing, Community Services and Indigenous Affairs, answer to question on notice, received 10 November 2010, p. 1.

[42]      Department of Families, Housing, Community Services and Indigenous Affairs, answer to question on notice, received 10 November 2010, attachment A.

[43]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 2; ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 9.

[44]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 11; ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, pp 10 and 43.

[45]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 13.

[46]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 13-15.

[47]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, p. 15.

[48]      ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 9; Commonwealth Ombudsman, Putting things right: compensating for defective administration - Administration of Decision-making under the Scheme for Compensation for Detriment caused by Defective Administration, Report 11/2009, August 2009, p. 2.

[49]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 7, 8 and 15.

[50]      Acting Commonwealth Ombudsman, Submission 57, p. 2.

[51]      Commonwealth Ombudsman, Compensation for detriment caused by defective administration, Fact Sheet 9, February 2010, p. 1. See also ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, pp 111-112; Department of Finance and Deregulation, Submission 92, appendix 3, p. 3.

[52]      Department of Families, Housing, Community Services and Indigenous Affairs, Submission 167, p. 2.

[53]      Centrelink, Annual Report 2008-09, p. 209; Australian Taxation Office, Annual Report 2008-09, p. 267. See also Department of Families, Housing, Community Services and Indigenous Affairs, Submission 167, p. 2; Commonwealth Ombudsman, Putting things right: compensating for defective administration, Report 11/2009, August 2009, p. 2.

[54]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 17-18.

[55]      Department of Finance and Deregulation, Discretionary Compensation and Waiver of Debt Mechanisms, Finance Circular No. 2009/09, pp 31 and 38.

[56]      Acting Ombudsman, Submission 57, p. 1; ANAO, Compensation Payments and Debt Relief in Special Circumstances, Audit Report No.35 2003-04, March 2004, p. 96.

[57]      Acting Commonwealth Ombudsman, Submission 57, p. 1.

[58]      Commonwealth Ombudsman, Putting things right: compensating for defective administration, Report 11/2009, August 2009, pp 1, 9-10, 24-27 and 33-35; Acting Commonwealth Ombudsman, Submission 57, pp 1-2.

[59]      Department of Finance and Deregulation, answer to question on notice, received 10 November 2010, Table 1.

[60]      Ms Jan Mason, Committee Hansard, 29 October 2010, pp 2-3.

[61]      Submission 57, p. 2. See also Acting Commonwealth Ombudsman, Comcare and Department of Finance and Deregulation – Discretionary Payments of Compensation, Report 04/2010, March 2010, p. 1.

[62]      Mr Allan Asher, Committee Hansard, 2 November 2010, p. 22.

[63]      Dr Guy Verney, Committee Hansard, 29 October 2010, p. 17.

[64]      Ms Jan Mason, Committee Hansard, 29 October 2010, p. 17.

[65]      Department of Finance and Deregulation, answer to question on notice, received 10 November 2010, p. 13.

[66]      Department of Finance and Deregulation, answer to question on notice, received 10 November 2010, p. 11.

[67]      Submission 57, p. 2.

[68]      Submission 57, pp 2-3.

[69]      Submission 57, pp 1-2.

[70]      Mr George Masri, Committee Hansard, 2 November 2010, pp 20-21.

[71]      Submission 90, p. 2. See also Ms Julie Anderson, Submission 77.

[72]      Submission 108, pp 2-3.

[73]      Submission 108, p. 3; also see Welfare Rights Centre, Submission 172, p. 9.

[74]      Department of Finance and Deregulation, answer to question on notice, received 10 November 2010, p. 5.

[75]      Department of Finance and Deregulation, answer to question on notice, received 10 November 2010, p. 4.

[76]      Submission 92, pp 15 and 16.

[77]      Mr Adam Stankevicius, Committee Hansard, 2 November 2010, p. 23.

ADDITIONAL COMMENTS BY THE AUSTRALIAN GREENS

[1] For example, Recommendation 4, pp 35-36.

[2]        National Welfare Rights Network, Redressing the Balance of Risk and Responsibility Through Active Debt Prevention Strategies, May 2009, Document 1 of 2 tabled by Welfare Rights Centre at a public hearing on 2 November 2010, pp 3-4.

[3]        National Welfare Rights Network, Redressing the Balance of Risk and Responsibility Through Active Debt Prevention Strategies, May 2009, Document 1 of 2 tabled by Welfare Rights Centre at a public hearing on 2 November 2010.

APPENDIX 1 - State ex gratia redress schemes[1]

[1]        This table is based on the table prepared by Dr Stephen Winter. See Dr Stephen Winter, ‘Australia’s Ex Gratia Redress’, Australian Indigenous Law Review, figure 1, p. 52.