Community Affairs References Committee

The SenateCommunity AffairsReferences CommitteeForgotten AustraliansA report on Australians whoexperienced institutional orout-of-home care as childrenAugust 2004

Commonwealth of Australia 2004ISBN 0 642 71239 5Senate Community Affairs References Committee SecretariatMr Elton Humphery (Secretary)Ms Christine McDonald (Principal Research Officer)Ms Geraldine Badham (Principal Research Officer)Mr Peter Short (Senior Research Officer)Ms Leonie Peake (Research Officer)Ms Ingrid Zappe (Executive Assistant)The SenateParliament HouseCanberra ACT 2600Phone:Fax:E-mail:Internet:02 6277 351502 6277 .gov.au/senate caThe collage used on the inside cover includes photos of Balmain Industrial School – Balmain;Church of England Boys Home – Walkerville; Dalmar Children's Home – Carlingford;Dalwood – Seaforth; Magill Boys Home - Magill; Marsden Home for Boys – Kallangur;Mater Dei Orphanage – Narellan and Yarra Bay House – La Perouse.These photos have come from individual submissions and CLAN. The CLAN website atwww.clan.org.au also contains an extensive photographic gallery of orphanages andchildren's homes.This document was produced by the Senate Community Affairs References CommitteeSecretariat and printed by the Senate Printing Unit, Parliament House, Canberra.

Any nation that does not care for and protect all of its childrendoes not deserve to be called a nationNelson Mandela

vMEMBERSHIP OF THE COMMITTEEMembersSenator Jan McLucas, Chair (from 29.3.04)Senator Steve Hutchins, Chairman (until 29.3.04)Senator Sue Knowles, Deputy ChairmanSenator Gary HumphriesSenator Claire MooreSenator Andrew Murray(to replace Senator Meg Lees for this inquiry)ALP, QueenslandALP, New South WalesLP, Western AustraliaLP, Australian Capital TerritoryALP, QueenslandAD, Western AustraliaParticipating MembersSenator the Hon Eric AbetzSenator Lyn AllisonSenator Guy BarnettSenator Andrew BartlettSenator Mark BishopSenator Kim CarrSenator Grant ChapmanSenator Helen CoonanSenator Trish CrossinSenator Kay DenmanSenator Alan EgglestonSenator Chris EvansSenator the Hon John FaulknerSenator Alan FergusonSenator Jeannie FerrisSenator Michael ForshawSenator Brian GreigSenator Brian HarradineSenator Len HarrisSenator John HoggSenator Meg LeesSenator Ross LightfootSenator Joseph LudwigSenator Julian McGauranSenator Sue MackaySenator Brett MasonSenator Shayne MurphySenator Kerry NettleSenator Marise PayneSenator John TierneySenator John WatsonSenator Ruth WebberLP, TasmaniaAD, VictoriaLP, TasmaniaAD, QueenslandALP, Western AustraliaALP, VictoriaLP, South AustraliaLP, New South WalesALP, Northern TerritoryALP, TasmaniaLP, Western AustraliaALP, Western AustraliaALP, New South WalesLP, South AustraliaLP, South AustraliaALP, New South WalesAD, Western AustraliaIND, TasmaniaPHON, QueenslandALP, QueenslandAPA, South AustraliaLP, Western AustraliaALP, QueenslandNPA, VictoriaALP, TasmaniaLP, QueenslandIND, TasmaniaAG, NSWLP, New South WalesLP, New South WalesLP, TasmaniaALP, Western Australia

viiTABLE OF CONTENTSMEMBERSHIP OF COMMITTEE . vEXECUTIVE SUMMARY. xvRECOMMENDATIONS. xixCHAPTER 1INTRODUCTION .1Terms of reference.1Conduct of Senate Inquiry into Children in Institutional Care .3Submissions.4The report .6Perspectives of institutional care .8Recent reports on children's institutions and institutional life .9Bringing them home .9Abuse of Children in Queensland Institutions (Forde Report) .10Lost Innocents: Righting the Record.12Tasmanian Ombudsman's interim report on abuse of children in State care .13Other reports.14Commentary on the above reports.15CHAPTER 2INSTITUTIONAL CARE IN AUSTRALIA .17Institutions .17Framework of children's institutional care - Australia .18Introduction .18Overview .18Policies of governments placing children in care.19The role of governments, churches and other groups .19Developments - institutions versus boarding-out (foster care) .20Moves from institutions to other forms of care.21Trends in types of care, including move towards foster care.22Government responsibility and initiatives for children in institutions.23Attitudes of government officials who placed children in care.25Government financial contributions to non-government children's homes.26Government financial assistance to parents.28Number of children in institutional care.29Conclusion .29Legislative framework, including Commonwealth’s role.30Background of child welfare laws.30

viiiAn overview - provisions of the child protection laws .32Laws to protect children and young people – inadequaciesand contraventions.33Conclusion .35Major organisations and their institutions for children .36Early-days developments .36Orphanages .36Industrial Schools .37Juvenile Justice Detention Centres.38Conclusion .38More contemporary times for children's institutions.40Catholic institutions.40Anglican (Church of England) .43Salvation Army.44Uniting Church .46Wesley - Dalmar.48Burnside - Presbyterian .48Uniting Protestant Association Homes.50Plymouth Brethren (ie, Silky Oaks) .51Hopewood.51Barnardos Australia .52Government organisations.53New South Wales.53Victoria .58Queensland.59Western Australia .60Experiences of various homes and orphanages.61Comparisons of homes with jails .62Experiences of other homes.63Conclusion .64CHAPTER 3WHY CHILDREN WERE IN HOMES .65State wards.66Legislative provisions of wardship.67New South Wales.67Victoria .69Care leavers' experiences of wardship processes .70Other children in care .71Reasons for children being place in homes .72

ixSingle parents (usually mother).73Death of a parent or parents.74Parents' divorce or separation.76Parent(s) unable to care for children .77Economic stress and social disadvantage.79Children abandoned.80Sexual abuse by a parent .80Children escaping domestic violence and parental alcoholism.81Repatriation children .82Conclusion .83CHAPTER 4TREATMENT AND CARE OF CHILDREN IN INSTITUTIONS.85Receiving children into care.86Arrival.86Health checks, delousing and body searches.86Removal of belongings and clothes.87Physical environment and living conditions .88Buildings and accommodation .88Food .89Clothing .90Personal hygiene.90Depersonalisation and other forms of psychological abuse .91Lack of love and affection.92Suppression of identity and individuality.93Lack of privacy .95Visits by family members.95Forms of Punishment.96Bedwetting .97Isolation, including locking in cupboards and cells .99Standing on spot for hours.100Secondary abuse .100Discipline and physical assault.101Absconding.102Sexual assault .103Separation of families.105Separation of siblings .107Forced adoption of babies .107Lack of education .109Unmet health needs .111

xWork and exploitation of children in care.111Types of work performed .112Exploitation of children.113Non payment of wages .114Use of experimental medications and drugs.114Children placed in mental homes and other inappropriate accommodation .118Fostering arrangements, including holiday placements .121Deaths in institutions .122Transition from in care to independence .124Good memories .125Conclusion .125CHAPTER 5WHY ABUSE OCCURRED AND WAS ABLE TO CONTINUE .127Stories only recently coming to light .127Culture of the institutions, organisations, churches .128Bullying .129Isolation .130Institutional staff and other carers .131Lack of staff education and training .132Suitability of staff .134Deception of parents and children.139Reaction to disclosures about institutions .140Children were better off in care .140Standards were different then .141They should get on with their life.142CHAPTER 6LIFE LONG IMPACT OF OUT OF HOME CARE.145Quality of life .146Relationship problems .148Parenting skills .149Perspective from wives and partners .150Perspective from children .151Generational issues.152On-going health issues .153Post traumatic stress disorder and depression .154Suicide .155Substance abuse – drug and alcohol addictions .155Compulsive and other behavioural issues .156Ongoing problems with anger, grief, identity and self-esteem .156

xiEmployment .160Homelessness and other housing problems.162Educational attainment .163Adult anti-social or criminal activity.164Prostitution.164Cost to individuals, families and society.166Quantifying costs.166Benefits of providing services .170CHAPTER 7RESPONSIBILITY, ACKNOWLEDGEMENT AND APOLOGY .171Role and responsibility of governments and non-government bodies .171Duty of care .174Inspections .176Internal processes.180Conclusion .181Acceptance and denial of responsibility.181Conclusion .186Acknowledgment and apology .187Apologies to ex-residents .187Views on the need for an apology .191Views on an acknowledgment.195Conclusion.196CHAPTER 8REPARATION AND REDRESS SCHEMES .199Measures of reparation .199Civil litigation.199Limitation periods .201Liability .206Proving injury .206Vicarious liability .206The adversarial system .207Cost of litigation .208Whistleblowing.210Conclusion.212Reparations – theory and overseas developments.214International law and reparations .215Redress/reparations schemes in overseas countries .216Redress packages in Canada.216Ireland.218

xiiRedress packages in Australia .222Tasmania.222Queensland .222The Churches/agencies.224Other packages .224Monetary compensation – the Australian context.225Conclusion.226Internal Church redress processes .228The Catholic Church.229Other Churches/agencies .233Salvation Army .233Barnardos .234Uniting Church .234Anglican Church .236Conclusion .236Victims compensation tribunals .239Conclusion.240The need for a Royal Commission .241The nature and role of Royal Commissions .242A Royal Commission into institutional abuse.243Conclusion .250CHAPTER 9IDENTITY AND RECORDS .253Identity.253Searching for records.256Accessing records.258State ward and non-ward records .258Locating records .259Destruction of records .262Quality of record keeping.264Information and comments contained in records .269Support for those viewing records.271Issues with access .273Government records .273Freedom of Information.273Assistance with records searches.275Non-government records .275Family information.276Delays and cost of accessing records .278

xiiiOvercoming problems of access.279Conclusion .282CHAPTER 10PROVISION OF SERVICES.287Services currently provided.287State Governments.288Non-government agencies .290Support groups.292Support and advocacy services.292Care Leavers of Australia Network (CLAN) .292Funding .294Other support groups .297Conclusion.299Inadequate level of t counselling services .308Accessibility of counselling services .310Peer support groups .311Conclusion.311Health and aged care .313Mental health .314Aged care.316Conclusion.318Housing and homelessness .319Adult literacy and numeracy and other education services.320Conclusion.321Data collection.322Conclusion – improving service provision.324CHAPTER 11RECOGNITION OF CARE LEAVERS .

Senator Claire Moore ALP, Queensland Senator Andrew Murray (to replace Senator Meg Lees for this inquiry) AD, Western Australia Participating Members Senator the Hon Eric Abetz LP, Tasmania Senator Lyn Allison AD, Victoria Senator Guy Barnett LP, Tasmania Senator Andrew Bartlett AD, Queensland Senator Mark Bishop ALP, Western Australia