Lawlink NSW: 5. Legislation, Policy and Practice Across Australia

5.1 The responsibility for legislating for children’s welfare lies with each State and Territory Government in Australia. This Chapter discusses the Principle in each State and Territory in Australia. The text of the Principle, as contained in either legislation or policy, is found in Appendices B - I, according to State and Territory. Any other relevant legislative provisions are also found in the Appendices.

5.2 The form of the Principle, in both legislation and administrative policy, varies widely throughout Australia. Each expression provides for a different process by which the decision to place a child is reached. Each gives a different person the ultimate power to make the placement and none gives the ultimate power of placement to an Aboriginal and Torres Strait Islander community. All of the provisions allow for the possibility of placing an Aboriginal or Torres Strait Islander child in a non-Aboriginal or non-Torres Strait Islander family.

5.3 The Working Party of State Social Welfare Administrators recommended in 1984 that each State and Territory enact the Principle in legislation.¹ To date, Queensland, Western Australia and Tasmania have not included the Principle in legislation concerning either the adoption or fostering of children, although each State maintains the Principle is followed in practice. Table 5 sets out where the Principle is found in each State and Territory in Australia. It is clear from this Table that the Principle appears in eight of the 16 pieces of legislation in Australia which deal specifically with the fostering and adoption of children.

State/Territory	Where the Principle is found in relation to fostering	Where the Principle is found in relation to adoption
Australian Capital Territory	Policy*	Adoption Act 1993 (ACT) s 21
New South Wales	Children (Care and Protection) Act 1987 (NSW) s 87	Policy
Northern Territory	Community Welfare Act 1983 (NT) s 69	Adoption of Children Act 1994 (NT) s 11
Queensland	Policy	Policy
South Australia	Children's Protection Act 1993 (SA) s 5	Adoption Act 1988 (SA) s 11
Tasmania	Policy	Policy
Victoria	Children and Young Persons Act 1989 (VIC) s 119	Adoption Act 1984 (VIC) s 50
Western Australia	Policy	Policy*

5.4 Various definitions of “Aboriginal child” are used in the legislation and administrative policy which deals with the fostering and adoption of children. The definition used is crucial in that it formally determines which children come within the ambit of the Principle.

5.5 This section deals with the definition of “Aboriginal child” as opposed to “Torres Strait Islander child”. South Australia is the only jurisdiction which has a separate definition for “Torres Strait Islander child” in the legislation or policy relating to the adoption and fostering of children.² In other pieces of legislation and policy, Torres Strait Islander children are defined as “Aboriginal children”,³ or not defined at all.

5.6 Table 6 shows where the definition of “Aboriginal child” is to be found, if anywhere, in the relevant pieces of legislation and policy relating to the Principle which were set out in Table 5.⁴ Few expressions of policy contain a definition of “Aboriginal child”. Not all legislation which incorporates the Principle, has a definition.

Table 6: Definition of “Aboriginal child” in legislation and policy containing the Principle

	Principle in legislation
	Fostering	Adoption
Definition	Children's Protection Act 1993 (SA) s 6(2) Children and Young Persons act 1989 (VIC) s 4(1) Children (Care and Protection) Act 1987 (NSW) s 3(1)	Adoption Act 1993 (ACT) s 4(1) Adoption Act 1984 (VIC) s 4(1) Adoption of Children Act 1994 (NT) s 3(1)
No definition	Community Welfare Act 1983 (NT)	Adoption Act 1988 (SA)
	Principle in Policy
	Fostering	Adoption
Definition	Substitute Care Policy (WA)	Draft Policy (NSW)
No definition	Departmental Policy (Tas)** Policy Statement (Qld) Policy (ACT)*	Departmental Policy (Tas) Policy Statement (Qld) Policy (WA)*

Problems which arise out of each approach and their impact on the operation of the Principle are discussed in Chapter 7.⁵

5.8 The most common approach to the definition of “Aboriginal child” in legislation or policy containing the Principle is one of “self-identification”.⁶ In this formulation, an Aboriginal person is defined as:

5.9 This definition was formulated in the early 1970s and was more acceptable to Aboriginal people than previous definitions of “Aborigine” which had often been drafted to suit non-Aboriginal purposes and were expressed in terms of “caste” or degree of Aboriginal blood.⁷ This definition is acceptable to many Aboriginal people who object to non-Aboriginal definitions of an “Aboriginal person”.

5.10 The Draft Policy on the Adoption of Aboriginal Children (NSW) uses a “descent” definition of “Aboriginal”, being “a person who is a descendant of an aboriginal native of Australia”.⁸ This defines as Aboriginal a person who has any Aboriginal blood, regardless of degree.

5.11 The definition of “Aboriginal” contained in the Adoption of Children Act 1994 (NT) is “a person who is a member of the Aboriginal race of Australia”.⁹ This definition is also used in the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth)¹⁰ and the Family Law Act 1975 (Cth).¹¹

5.12 There is no provision relating to the placement of Aboriginal and Torres Strait Islander children into alternative care arrangements in the Children’s Services Act 1986 (ACT). The Children’s, Youth and Family Services Bureau of the ACT (“Family Services”) has advised that they endorse, and try to implement, the Principle. The legislation is being reviewed and it is intended that the Principle will be included in the legislation.¹²

5.13 The ACT has no specific foster care program for Aboriginal and Torres Strait Islander children. As at October 1995, Family Services’ foster care program had no Aboriginal or Torres Strait Islander carers. There are five non-government agencies (NGOs) in the ACT which provide all other substitute care, but none is Aboriginal or Torres Strait Islander, nor have any been successful in recruiting Aboriginal carers to date.

5.14 Over the three year period from July 1992 to June 1995 there were 77 Aboriginal or Torres Strait Islander children placed in foster care in the ACT, all were placed in non-Aboriginal care. Family Services attributed this to the fact that there were no suitable extended family members able, or Aboriginal or Torres Strait Islander foster carers available, to care for the children. Family Services advised that efforts are being made to address this problem by contacting the Aboriginal and Torres Strait Islander Consultative Committee in the ACT.¹³

5.15 Family Services referred to the fact that the ACT has the smallest Aboriginal and Torres Strait Islander population in Australia.¹⁴ This may be a constraining factor on the availability of appropriate placements for Aboriginal and Torres Strait Islander children. Family Services also reported that 246 Aboriginal and Torres Strait Islander children “came to the attention” of the department over the last three years: 91 children in 1992/93, 79 children in 1993/94 and 76 children in 1994/95.¹⁵ This means around 9% of Aboriginal and Torres Strait Islander children in the ACT come to the attention of Family Services each year.¹⁶ The disproportionate number of Aboriginal and Torres Strait Islander children becoming involved with Family Services warrants provisions which deal specifically with Aboriginal and Torres Strait Islander children. While the actual numbers of Aboriginal people in the ACT may be small, the needs of Aboriginal children and the concerns of the Aboriginal community deserve special attention. Many Aboriginal people regard it as crucial that Aboriginal children are cared for by Aboriginal people. Such concerns exist regardless of the total Aboriginal population of the ACT.¹⁷

5.16 Section 19 of the Adoption Act 1993 (ACT) sets out the criteria for exercising the Court’s discretion in making an adoption order, and includes a general requirement that the Court have regard to any wishes of the birth parents as to the racial background of the proposed adoptive parents.¹⁸

5.17 In addition, section 21 of the Adoption Act 1993 (ACT) specifically provides for the adoption of Aboriginal and Torres Strait Islander children in the ACT. This is a strong version of the Principle and provides that an adoption order shall not be made for an Aboriginal child unless it is not practical for the child to stay with the birth parents or a “responsible person” who has an interest in the welfare of the child, according to the customary law of the child’s community. Failing this, adoptive parents should be chosen from the Aboriginal community. The choice of adoptive parents must be made after consideration of the importance of the child maintaining contact with:

5.18 Records of the Australian Institute of Health and Welfare show that there have been no adoptions of Aboriginal children in the ACT in the five years 1990/91 - 1994/95.²⁰

5.19 Section 69 of the Community Welfare Act 1983 (NT) contains an expression of the Principle.²¹ When an Aboriginal child is in need of care the Minister, or his or her delegate²², or the Court²³ must ensure that every effort is made to place the child in the following order:

5.20 Section 68 of the Act places an obligation on the Minister to provide support and assistance to Aboriginal communities and organisations for the welfare of Aboriginal families and children, including the promotion of the training and employment of Aboriginal welfare workers.²⁵ Section 43 of the Act²⁶ requires that the NT Family Matters Court also consider the criteria contained in s 69 when the Minister makes an application that an Aboriginal child be found in need of care. Section 43 also provides that any assessment of an Aboriginal child as being in need of care should be determined in light of the standards of the community in question.

5.21 Territory Health Services (“the Department”) has advised that policy guidelines for both the Substitute Care and Guardianship Program require workers to apply the Principle in all cases and to consider the cultural continuity of the child as a very important issue.²⁷

5.22 Aboriginal children constitute a large proportion of children in care in the NT. The Department reported that of all children in care (124) at 1 May 1995, 53% (66) were Aboriginal,²⁸ although Aboriginal children represent only 33.7% of the child population in the NT.²⁹ Despite this seemingly high proportion of Aboriginal children in care, the NT in fact has the lowest placement rate for Aboriginal children in care in Australia. A study in 1994 found that only three per 1 000 Aboriginal children entered care in the NT compared with a national average of 20 per 1 000 Aboriginal children.³⁰ This “remarkably low rate” of Aboriginal children entering care was attributed to the Department adhering to the Principle and consulting with the extended family before the child comes into care.³¹

5.23 The Department reported that consultation with family members and relevant Aboriginal organisations typically occurs long before the child enters care in order to resolve safety issues and alleviate the need for substitute care.³² When these attempts fail, the child enters care as a last resort.

5.24 The Department identified that the Aboriginal children who do enter care as a last resort often have high support needs, often as a result of disabilities or multiple disabilities, which have prevented family members or others from being able to care for them. The nature of the Aboriginal population in the NT, with many Aboriginal people living in remote rural communities, may mean that it is difficult to locate a suitable Aboriginal placement for these children with high support needs.³³ This difficulty in locating Aboriginal carers for Aboriginal children with disabilities is a factor hampering the effective operation of the Principle and is discussed further in paragraphs 7.38-7.39.

5.25 A significant proportion (41%) of Aboriginal children in care in the NT were children with disabilities as compared with only 12% of non-Aboriginal children in care. Aboriginal children with disabilities represented 79% of all children with disabilities in care in the NT.³⁴ The majority of all children with disabilities had been in care for longer than one year, with a small proportion having been in care for over ten years.³⁵ Most children with disabilities were being cared for in either foster placements or in specific disability residential services.³⁶ Table 7 shows the proportion of Aboriginal children in substitute care with disabilities compared with non-Aboriginal children.

Table 7: Children with disabilities in substitute care in the NT at 1 May 1995

	Aboriginal children in care		non-Aboriginal children in care		Total
	Number of children	% of all Aborignal children in care	Number of children	% of all non - Aboriginal children in care
with disabilities	27	41%	7	12%	34
without disabilities	39	59%	51	88%	90
Total	66	100%	58	100%	124

5.26 The Department identified that only around half the Aboriginal children in care (53%) were placed with Aboriginal carers. Placement with Aboriginal carers was higher for Aboriginal children who had no identified disability (64%) than for those Aboriginal children with disabilities (37%).³⁷ Most Aboriginal children with disabilities were placed in non-Aboriginal community-based foster care placements, with only a small group of children with severe and/or multiple disabilities being placed in residential care settings. Table 8 shows the placement of Aboriginal children in the NT.

	Placement with Aboriginal carers		Placement with non - Aboriginal carers		Total
	No	% of all Aboriginal children in care	No	% of all Aboriginal children in care	No	%
with disabilities	10	15	17	26	27	41
without disabilities	25	38	14*	21	39	59
Total	35	53	31	47	66	100

5.27 In November 1995, the Department implemented a protocol setting out the role of KARU, an Aboriginal and Islander Child Care Agency in the NT.³⁸ Under the protocol, KARU has primary responsibility for the recruitment, training and support of care providers for Aboriginal children, although the Department retains the power to make the final placement decision.³⁹

5.28 Section 11 of the Adoption of Children Act 1994 (NT)⁴⁰ deals with the adoption of Aboriginal children. Before making an adoption order, a Court must be satisfied that every effort has been made to arrange appropriate custody within the child’s extended family or with Aboriginal people who have the correct relationship with the child under customary law (including consultation with the child’s parents, with people who have responsibility for the child under customary law and with appropriate Aboriginal welfare organisations).⁴¹

5.29 If such “appropriate custody” arrangements cannot be made, or would not be consistent with the welfare and interests of the child, the Court can make an adoption order.⁴² In doing so the Court must:

5.30 The Act also allows Aboriginal couples who are traditionally married to adopt a child.⁴³ A “traditional Aboriginal marriage” is a marriage recognised as such by the community of either partner.⁴⁴

5.31 The interests and welfare of the child are the paramount consideration in the Adoption of Children Act 1994 (NT).⁴⁵ The birth parents’ ethnicity and religion are considerations when determining the interests and welfare of a child. Schedule 1 of the Act sets out guiding principles in relation to ethnicity and religion,⁴⁶ including, where the child is Aboriginal:

Workers in the Adoptions Program are required to apply the Principle in all cases and consider the importance of cultural continuity under policy guidelines.⁵⁰

5.32 This is a strong embodiment of the Principle which was included in legislation in 1994. There have been no Aboriginal or Torres Strait Islander children adopted in the NT since its introduction. The adoption of Aboriginal and Torres Strait Islander children in the Northern Territory over the last five years appears in Table 9.

Table 9: Adoption of Aboriginal and Torres Strait Islander Children in the Northern Territory 1990/91 - 1994/95

Type of placement	ATSI*	non - ATSI**	Total
1990/91	1	0	1
1991/92	0	1	1
1992/93	1	0	1
1993/94	0	0	0
1994/95	0	0	0
Total	2	1	3

Source: NT - Department of Health and Community Services Letter (11 July 1995) and Australian Institute of Health and Welfare Adoptions Australia series 1990/91-1994/95⁵¹

5.33 The Principle is policy within the Queensland Department of Families, Youth and Community Care (“the Department”) and is applied to both the fostering and adoption of Aboriginal children. The Principle is contained in the Policy Statement in Relation to Aboriginal and Torres Strait Islander Fostering and Adoption (“the Policy Statement”) produced more than ten years ago.⁵² It states that Aboriginal and Torres Strait Islander children should be maintained within their own family and community, but, in the event of an alternative placement, should be placed with:

5.34 If such a placement is not reasonable or practical, then other options should be developed which allow for the continuing relationship with the child’s parents, extended family, community and culture. The Policy Statement requires regular review of placements. Application of the Principle includes consultation with family members, the child, and other families and agencies (taking into consideration the parents’ requirements for confidentiality).⁵⁴

5.35 The level of implementation of the Policy Statement (Qld) was criticised strongly in a paper prepared for the Royal Commission into Aboriginal Deaths in Custody (“RCIADIC paper”) in 1990. It found that the Policy Statement had not been fully or comprehensively implemented across the State and that there was no guarantee that all Departmental officers were aware of the Policy Statement and its extensive ramifications.⁵⁵ Also found was a lack of overall monitoring of the implementation of the Policy Statement. The RCIADIC paper identified an urgent need for the Principle to be embodied in legislation and for the development of alternative Aboriginal care and support systems.⁵⁶

5.36 In the five years since the RCIADIC paper was published, the proportion of Aboriginal and Torres Strait Islander children under care and protection orders placed with Aboriginal and Torres Strait Islander people has increased from 55.3% at 30 June 1990 to 64.2% at 30 June 1995.⁵⁷ The Department maintains that greater efforts have been made to implement the Principle in Queensland more effectively.⁵⁸

5.37 The Children’s Services Act 1965 (Qld) does not contain the Principle and so there is currently no legislative assurance that Aboriginal and Torres Strait Islander children will be placed with Aboriginal and Torres Strait Islander families. A Departmental review of child protection policy and legislation has been recently undertaken and new child protection legislation is currently being considered by the Government.⁵⁹ The review revealed widespread support for including the Principle in legislation. It is proposed that the Principle be enshrined in the new legislation.⁶⁰

5.38 The Policy Statement in Relation to Aboriginal and Torres Strait Islander Fostering and Adoption (“the Policy Statement”) explicitly states that the Principle should be applied when Aboriginal and Torres Strait Islander children are to be placed into alternative care.⁶¹ The Policy Statement also expresses the need for flexibility in applying assessment criteria to carers and in the placement procedures.

5.39 The Department provides funding to Aboriginal and Islander Child Care Agencies (AICCAs) to recruit, train and support Aboriginal and Torres Strait Islander care-providers. The Department maintains that there is a close working relationship with the AICCAs in Queensland, and that the relevant AICCA is approached before the Department intervenes with any Aboriginal family, or any placement of an Aboriginal child is made. AICCAs have indicated that this is not always the case in practice.⁶² While the Principle is applied well in Brisbane due to the good working relationship between the Department and the Brisbane AICCA, the same does not occur in some country areas and Aboriginal children are not brought to the attention of the relevant AICCA.

5.40 The Department in Brisbane will often contact the IINA⁶³ Torres Strait Islander Corporation to seek their assistance in placing Torres Strait Islander children. However, there are also instances where Torres Strait Islander children have been placed with non-Torres Strait Islander families.⁶⁴

5.41 As at 10 April 1995, the Department had 926 Aboriginal care-providers, and 53 Torres Strait Islander care-providers registered to foster children. The Department advised that of the total of 3 215 Aboriginal and Torres Strait Islander children placed into alternative care over the last five years, 1 258 (39.1%) were placed into non-Aboriginal and non-Torres Strait Islander care.⁶⁵ Table 10 shows the trend in the number of Aboriginal and Torres Strait Islander children under Protective Orders placed with care-providers over the last five years. Protective Orders can provide either for guardianship to transfer to the Director-General (care and protection order) or for guardianship to remain with the parent under the supervision of the Director-General (protective supervision order).

Table 10: Aboriginal and Torres Strait Islander children under Protective Orders placed with care-providers: 1989/90, 1993/94 and 1994/95

Year	*Placed with ATSI care-provider**		Placed with non-ATSI care provider**		Total
	No	%	No	%	No	%
1989/90	567	70.2	241	29.8	808	100
1993/94	497	70.0	213	30.0	710	100
1994/95	464	67.4	224	32.6	688	100

Source: Queensland - Department of Families, Youth and Community Care (20 August 1996)

5.42 Section 18A of the Adoption of Children Act 1964 (Qld) governs the adoption of children with indigenous or ethnic backgrounds. It provides that the Director should approve prospective adoptive couples with the same indigenous background as the child, unless such a couple is not reasonably available or it would not be in the best interests of the child to do so.⁶⁶ However, the provision does not take account of the importance of Aboriginal and Torres Strait Islander children remaining within their extended family or within their community.

5.43 The Policy Statement refers specifically to the adoption of Aboriginal and Islander children.⁶⁷ It states that the Principle should be applied in all cases. Where an Aboriginal or Torres Strait Islander parent wishes to consent to adoption, the Policy Statement requires that there be a referral to counselling with an Aboriginal or Torres Strait Islander worker which fully explores alternatives such as family support, custody and guardianship. The Policy Statement urges the use of consultation to find appropriate Aboriginal and Torres Strait Islander adoptive families (subject to requirements of confidentiality) and for flexibility in applying assessment criteria to applicants.

5.44 Despite the provisions of the Policy Statement, adoption of Aboriginal and Torres Strait Islander children does occur in Queensland, although it seems to have been effective placing these children with Aboriginal or Torres Strait Islander families. The Department has reported that 15 Aboriginal and Torres Strait Islander children were adopted in Queensland from 1990/91 - 1994/95.⁶⁸ Only one of these children was placed with a non-Aboriginal family, and that was at the request of the Aboriginal birth mother, who has continuing contact with the child. Placement of these children is outlined in Table 11.

Table 11: Adoption of Aboriginal and Torres Strait Islander children in Queensland: 1990/91 - 1994/95

	1990/91	1991/92	1992/93	1993/94	1994/95	Total
Adopted by ATSI* parents	1	3	2	4	4	14
Adopted by non - ATSI** parents	0	0	1	0	0	1
Total	1	3	3	4	4	15

Source: Queensland - Department of Family and Community Services Letter (22 February 1996)

5.45 The Children’s Protection Act 1993 (SA) states that preserving and enhancing a child’s racial and cultural identity, and making decisions consistent with racial traditions and cultural values are serious considerations in the exercise of powers under the Act.⁶⁹ The Children’s Protection Act 1993 (SA) is currently the only piece of child welfare legislation in Australia which gives separate recognition to Aboriginal children and Torres Strait Islander children in the Principle.

5.46 Section 5 of the Children’s Protection Act 1993 (SA) is an extensive provision which implements the Principle in relation to Aboriginal and Torres Strait Islander children.⁷⁰ The section requires that a recognised Aboriginal or Torres Strait Islander organisation must be consulted before an Aboriginal or Torres Strait Islander child is placed. A recognised Aboriginal or Torres Strait Islander organisation under this section is one which is declared as such by the Minister by a notice in the Gazette, after consultation with the Aboriginal or Torres Strait Islander communities.⁷¹ In placing the child, the decision-maker must have regard to the submissions of the Aboriginal or Torres Strait Islander organisation or, where there has been no consultation, the traditions and cultural values of the Aboriginal or Torres Strait Islander community. When conducting consultations with Aboriginal or Torres Strait Islander people, all reasonable endeavours must be made to consult in a manner and at a venue that is as sympathetic to their Aboriginal or Torres Strait Islander traditions as reasonably practicable.⁷² The section also refers to the general principle that an Aboriginal child should be kept within the Aboriginal community and a Torres Strait Islander child should be kept within the Torres Strait Islander community.⁷³

5.47 The Children’s Protection Act 1993 (SA) also provides for the use of “family care meetings” in making arrangements for children at risk in order to allow the child’s family to make informed decisions about arrangements for best securing the care and protection of the child.⁷⁴ The Act specifically provides for the presence of a person nominated by a recognised Aboriginal or Torres Strait Islander organisation if the child is an Aboriginal or a Torres Strait Islander.⁷⁵

5.48 As at 31 March 1995 there were 159 Aboriginal children under the care and protection of the Department for Family and Community Services (“the Department”). This figure represents 13.3% of the total number of children under care and protection,⁷⁶ whereas Aboriginal and Torres Strait Islander children represent about 2% of children in South Australia.⁷⁷ According to the Department’s records, at the end of July 1994 there were 251 Aboriginal and Torres Strait Islander children in out-of-home care in South Australia.⁷⁸ The Department was unable to provide information about whether any of these children were placed in Aboriginal or Torres Strait Islander placements. Therefore, the success of the s 5 of the Children’s Protection Act 1993 (SA) is difficult to gauge.

5.49 Section 11 of the Adoption Act 1988 (SA) applies specifically to the adoption of Aboriginal children.⁷⁹ There was a requirement in this section that “guardianship” be used in preference to adoption for Aboriginal children.⁸⁰ This has recently been amended to require that “any alternative order” be used in preference to adoption.⁸¹ When it is in the interests of the child to be adopted, he or she should be adopted by:

An order in favour of a non-Aboriginal person will only be made if the Children’s Court is satisfied that there are special circumstances and the child’s cultural identity will not be lost as a result.

5.50 Section 15(4) gives birth parents generally the opportunity to express a wish that their child remains in the extended family by allowing consent to be limited to adoption of the child by a relative.⁸³ This opportunity is available to all birth parents and may allow Aboriginal birth parents to express a wish that their child be adopted by a member of their extended family.

5.51 The Adoption Act 1988 (SA) s 4(3) recognises traditional Aboriginal marriage for the purposes of adoption.⁸⁴ There is also a requirement in the Regulations to the Adoption Act 1988 (SA) that the birth parent of an Aboriginal child be made aware of the availability of counselling from Aboriginal organisations.⁸⁵

5.52 The Department reported that Aboriginal women who have approached the Adoption Services have been referred back to their communities. The Department reported only one adoption of an Aboriginal child in the last five years and this was a child “adopted to a non-Aboriginal couple by mutual agreement”.⁸⁶

5.53 Tasmania has applied the Principle to both the foster placement and adoption of Aboriginal children since 1987 as administrative policy.⁸⁷ The wording of the Principle appears to be the same as that accepted at the 1986 Social Welfare Ministers’ Conference.⁸⁸ The policy also states that a commitment is made to provide resources and administrative support to the Aboriginal community to assist in the implementation of the Principle and to engage in community work. The Aboriginal Family Support and Care Program operates State-wide and the policy requires that it must be involved in assessment, planning and service co-ordination for all Aboriginal children alleged to be at risk, under State orders or in care.

5.54 There is no provision containing the Principle in either of the Tasmanian Acts relating to the welfare of children, the Child Protection Act 1974 (Tas) and the Child Welfare Act 1960 (Tas) although, as noted above, it has been policy since 1987.

5.55 The Department of Community and Health Services (“the Department”) has reported problems in applying the Principle because of difficulties, due to the small size of the Aboriginal and Torres Strait Islander community, in recruiting and maintaining Aboriginal and Torres Strait Islander couples and individuals who are able and willing to provide foster care. In June 1995 the Department had 12 registered Aboriginal foster care placements. The Department funds the Tasmanian Aboriginal Centre to recruit Aboriginal foster carers and provide Aboriginal representation in meetings concerning Aboriginal children.⁸⁹

5.56 Aboriginal children in care over the past five years have comprised 10% of total children in care, despite Aboriginal children comprising only 3.8% of the total Tasmanian child population. There has been a total of 123 Aboriginal children in alternative care in the last five years, however, the Department was unable to advise whether these children were placed into Aboriginal or non-Aboriginal care.⁹⁰

5.57 The Principle is not contained in the Adoption Act 1988 (Tas), but under s 24(1) of the Act the Director or the principal officer responsible for the adoption of any child is obliged to give consideration, so far as practicable, to the wishes of the parent of the child in relation to the religion, race, or ethnic background of the prospective adoptive parents of the child.⁹¹ A birth parent’s request to place an Aboriginal child with an Aboriginal family would therefore be considered. The obligation is only to consider the wishes of the parent, and only arises if such wishes have been expressed. It is not a guarantee that Aboriginal children will be placed with Aboriginal families.

5.58 The Department reports that no Aboriginal children have been adopted in Tasmania over the last five years.⁹²

5.59 Victoria’s legislation deals quite extensively with the Principle, due largely to the efforts of the Victorian Aboriginal Child Care Agency. The legislative changes have been described as “landmark” and as “a model for other Aboriginal Child Care Agencies and indigenous peoples to follow”.⁹³

5.60 Section 119(1)(m) and 119(2) of the Children and Young Persons Act 1989 (Vic) contain reference to the Principle.⁹⁴ In case planning for Aboriginal children, relevant members of the child’s Aboriginal community should be involved in decision-making. Reference is made to the principles of Aboriginal self-management and self-determination in making arrangements for Aboriginal children. Placement of an Aboriginal child for supervision, custody, guardianship or access must be in the following order:

5.61 An “Aboriginal agency” for the purposes of the Act is one which has been declared as such in the Victorian Government Gazette by the Governor in Council.⁹⁵ The Children and Young Persons Act 1989 (Vic) s 112(1)(e) also requires the approval of an Aboriginal agency before a permanent care order can be made regarding an Aboriginal child.

5.62 A Protocol between the Department of Human Services⁹⁶ (“the Department”) and the Victorian Aboriginal Child Care Agency (“the VACCA”) states that no Aboriginal child should be placed away from his or her immediate family without the involvement of the VACCA in decision-making.⁹⁷ This involvement is subject to negotiation depending on the individual family involved and their attitudes to VACCA. The Department advises that regional or local Aboriginal agencies may be involved instead of the VACCA under the Protocol.⁹⁸

5.63 The 1995 Census of Clients in Placement and Support Services in Victoria found that of the 4 867 children, there were 347 (7.1%) Aboriginal and Torres Strait Islander children,⁹⁹ and of these, 311 were in out-of-home care placements. Aboriginal and Torres Strait Islander children constitute only 0.64% of the child population of Victoria.¹⁰⁰ The majority (80%) of Aboriginal and Torres Strait Islander children in placement in 1995 were in foster care, and 53% of all Aboriginal placements were long-term or in transition to permanent placements.¹⁰¹ The Department was unable to provide information on how many of the children were in Aboriginal or Torres Strait Islander foster care and how many were in non-Aboriginal or non-Torres Strait Islander foster care.

5.64 The Department reports that as the majority (approximately 75%) of Aboriginal children in placement are placed through Aboriginal agencies, it can be assumed these children are placed with Aboriginal caregivers.¹⁰² However this may not necessarily be the case as Aboriginal agencies, experiencing difficulties with resources and staffing, may not be able to place these children in Aboriginal or Torres Strait Islander care in every circumstance.¹⁰³

5.65 The Placement and Support Program of the Department funds nine Aboriginal agencies which provide services to children who are or may be at risk. The remaining Aboriginal and Torres Strait Islander children are placed by Protective Workers in the Placement and Support Program (6%) and through general agencies (20%). It is not known how many of these placements are with Aboriginal or Torres Strait Islander carers. The Department commented that sometimes Aboriginal or Torres Strait Islander children are placed through general agencies because of the expressed preference of the family or client, and sometimes because Aboriginal agencies cannot provide Aboriginal placements within an acceptable distance of the family.¹⁰⁴

5.66 The Department advises that a state-wide review is being undertaken to address a range of issues in relation to out-of-home care for Aboriginal children and young people in Victoria.¹⁰⁵

5.67 The Principle is embodied in s 50 of the Adoption Act 1984 (Vic),¹⁰⁶ which is prefaced by an acknowledgement that adoption is absent in customary Aboriginal child care arrangements. The section takes effect when the parent has expressed the wish, in the instrument of consent, that the child be adopted in the Aboriginal community, or when the Court has dispensed with consent. Effectively this means that the Principle applies unless the relinquishing parent nominates otherwise.¹⁰⁷

This last provision effectively gives the Aboriginal agency the right of veto over the adoption of Aboriginal children by non-Aboriginal applicants.¹⁰⁹

5.69 Under s 50, the Department is only obliged to consult with the Aboriginal agency as to the placement of an Aboriginal child when Aboriginal families cannot be found. However, the Department follows the policy that an Aboriginal Agency should be involved at all stages in the adoption of an Aboriginal child.¹¹⁰ Although VACCA described the legislation as a step toward Aboriginal self-determination and self-management, it nonetheless said that it gives no “real” control over Aboriginal child welfare to Aboriginal communities.¹¹¹

5.70 The parent or parents of an Aboriginal child can give what is known as a conditional consent placing conditions on the consent to adoption, namely that the child be adopted within the Aboriginal community, and that the natural parents, other relatives and/or members of the Aboriginal community have a right of access to the child.¹¹² The Department is obliged to take all steps which are reasonable in the circumstances to satisfy any such condition placed on the consent and must also consider a report from an Aboriginal agency.¹¹³ Even in the absence of conditions placed by the birth parent or parents on the consent, known as a general consent, the Court can make the adoption order subject to the natural parents’ and other relatives’ right of continuing access or the right to continuing information about the child.¹¹⁴ This is based on a wish of the parent or parents after the consent to adoption has been given, rather than as a condition of the consent. The adoptive parents must also agree to the order being made subject to these conditions.

5.71 If access by members of the Aboriginal community is a condition of the adoption order, a person from an “Aboriginal agency” is then given the right to visit the child once a year to assess the extent of contact between the child and the Aboriginal community, assist the adoptive parents in arranging this contact, and arrange a conference to resolve any difficulties with access.¹¹⁵

5.72 The Adoption Act 1984 (Vic) allows traditionally married Aboriginal couples to adopt as if they were legally married.¹¹⁶ The Act also places an obligation on the Department to inform the child of his or her Aboriginality when he or she reaches 12 years of age.¹¹⁷

5.73 The Department reports that there have been no adoptions of Aboriginal children in Victoria since 1990-91.¹¹⁸

5.74 The Child Welfare Act 1947 (WA) does not provide specifically for the placement of Aboriginal and Torres Strait Islander children into foster care arrangements. The Department for Family and Children’s Services (“the Department”) states that the Principle was incorporated into Departmental policy in 1984 as the Substitute Care Policy in Relation to Aboriginal Child Placement (“Substitute Care Policy”).¹¹⁹ The Department is in the process of updating the current policy and guidelines for applying the Principle in WA.¹²⁰

5.75 The Substitute Care Policy states that cultural consistency and family linkage are considered more important than material standards. The Substitute Care Policy states that, where possible, Aboriginal children should be placed within the extended family, with other Aboriginal families, or in another form of culturally consistent care. The order of priority for placement, according to the Substitute Care Policy, is:

5.76 The Substitute Care Policy also requires that the Department consult with relevant Aboriginal groups or members of the Aboriginal community when the Department takes on the case of an Aboriginal child. One of the Substitute Care Policy’s objectives is to explore the potential for Aboriginal communities and organisations to exercise functions in relation to the welfare of children.¹²¹ The Department maintains that it has a close working relationship with the relevant Aboriginal child placement agencies and that this ensures the Principle is followed in practice.¹²² The Department also maintains that there are stringent procedures for the approval of placements for Aboriginal children with non-Aboriginal carers, and for the monitoring of such placements. The approval for such placements rests with the Director General who must be notified within 48 hours of such a placement.¹²³

5.77 According to figures from the Department, Aboriginal children comprised around 389 (34%) of all the children in placement (1 142) in WA at 30 June 1994.¹²⁴ Aboriginal children constitute around 4.3% of all children in WA.¹²⁵ The Department has also advised that the proportion of Aboriginal children with Aboriginal carers has increased from 44% at 30 June 1989 to 79% at 30 June 1995. Therefore 21% of Aboriginal children in WA were in non-Aboriginal placements at 30 June 1995.¹²⁶

5.78 There is no formal policy within the Department regarding the Principle in relation to adoption, although the Department reports that the Principle is applied to adoption of Aboriginal children in WA.¹²⁷ The Adoption Act 1994 (WA) contains no provisions specifically regarding the adoption of Aboriginal or Torres Strait Islander children. Nor does the Act contain any reference to the importance of preserving the cultural, ethnic or racial identity of the child when placing the child for adoption. The Act does, however, recognise Aboriginal customary marriage as a marriage for the purposes of adoption.¹²⁸

5.79 There is provision in the Adoption Act 1994 (WA) for any relinquishing parents to state their wishes regarding the prospective adoptive parents for their child and to be involved in the selection of the adoptive family.¹²⁹ This merely ensures that the wishes of a relinquishing parent can be expressed and recorded. While these provisions may allow for the placement of an Aboriginal child with Aboriginal people in limited circumstances, the Act does not guarantee that such a placement would be considered for all Aboriginal children who need to be adopted in WA. There is also limited provision for the continuity of the “child’s established cultural, religious or educational arrangements” to be a factor, if relevant, in placing a child for adoption.¹³⁰

5.80 A provision in keeping with the Principle was contained in an earlier draft of the Adoption Bill 1992 (WA).¹³¹ There was a requirement for an Aboriginal child to be placed with a member of the child’s Aboriginal community or, failing that, with an Aboriginal person who is culturally and geographically as close as possible to the child’s community. The provision also required consultation with Aboriginal workers in the Department and, where appropriate, members of the child’s Aboriginal community as well as their involvement in the child’s placement. This provision was later removed with a change of Government and does not appear in the Adoption Act 1994 (WA). The new legislation was described by the Minister for Community Development as providing greater flexibility for practitioners to place children with the best possible family that is available, and stated that the guiding principle for placing children with an Aboriginal background will always be placement based on the best interests of the child.¹³² The Act has been criticised for failing to ensure observance of the Principle as one of the intentions of the legislation.¹³³ The Department is in the process of reviewing the Act.¹³⁴

5.81 Schedule 2 of the Act outlines the “Rights and Responsibilities to be Balanced in Adoption Plans”. It contains an extensive list, organised according to life stages¹³⁵ of the adopted person, of the rights and responsibilities of adoptive parents, birth parents and the child.¹³⁶ There is no recognition of a child’s right to a racial, cultural or religious identity, nor the right of an Aboriginal community to maintain contact with Aboriginal children.

5.82 The Department reports that the Principle is applied in relation to the adoption of Aboriginal children.¹³⁷ There have been seven Aboriginal and Torres Strait Islander children adopted in the period 1990/91 - 1994/95; six of these children were adopted by Aboriginal or Torres Strait Islander people. This information appears in Table 12.

Table 12: Adoption of Aboriginal and Torres Strait Islander children in WA: 1990/91 - 1994/95

	1990/91	1991/92	1992/93	1993/94	1994/95	Total
ATSI*	1	0	2	2	1	6
non - ATSI**	1	0	0	0	0	1
Total	2	0	2	2	1	7

Source: WA-Department for Family and Children’s Services Letter (March 1996); and Australian Institute of Health and Welfare Adoptions Australia series 1990/91-1994/95¹³⁸

Table of contents

1. Australia - Working Party of the Standing Committee of Social Welfare Administrators Aboriginal Fostering and Adoption: Review of State and Territory Principles, Policies and Practices (October 1983) Recommendation 10 at 7.

3. Adoption Act 1993 (ACT) s 4(1) (see Appendix C); Children and Young Persons Act 1989 (Vic) s 3(1) (see Appendix H); Adoption Act 1984 (Vic) s 4(1) (see Appendix H) and Substitute Care Policy in Relation to Aboriginal Child Placement (WA) (see Appendix I). This issue is discussed in paras 8.37-8.41.

4. Those jurisdictions which do not have the Principle in the relevant legislation also do not have a definition of “Aboriginal child” in the legislation: Child Protection Act 1974 (Tas); Child Welfare Act 1960 (Tas); Adoption Act 1988 (Tas); Children’s Services Act 1986 (ACT); Adoption Act 1994 (WA); Child Welfare Act 1947 (WA); Adoption of Children Act 1964 (Qld); Children’s Services Act 1965 (Qld).

6. Children (Care and Protection) Act 1987 (NSW) s 3(1) (see note 2 in Chapter 4); Children and Young Persons Act 1989 (Vic) s 3(1) (see Appendix H); Adoption Act 1984 (Vic) s 4(1) (see Appendix H); Adoption Act 1993 (ACT) s 4(1) (see Appendix C); Children’s Protection Act 1993 (SA) s 6(1) (note: this definition requires self-identification, or identification by at least one parent in the case of a young child, but does not require acceptance by the community: see Appendix F); Substitute Care Policy in Relation to Aboriginal Child Placement (WA) (see Appendix I) and Policy Statement in Relation to Aboriginal and Torres Strait Islander Fostering and Adoption (Qld) (note: this provision also requires parental identification in the case of a baby or young child: see Appendix E).

7. Which gave rise to terms such as “quadroon” and “octoroon” people who were defined as either Aboriginal or non-Aboriginal depending on the purpose of the legislation: NSW - Aboriginal Children’s Research Project Identifying Aboriginal Children in Non-Aboriginal Substitute Care (Discussion Paper 5, July 1982) at 6-7.

8. Aborigines Act 1969 (NSW) s 2(1). Note that this Act was repealed by the Aboriginal Land Rights Act 1983 on 10 June 1983.

10. s 4(1) “Aboriginal person” means a person of the Aboriginal race of Australia.

11. s 68F(4) “Aboriginal peoples” means the peoples of the Aboriginal race of Australia.

14. In 1991 there were 1 775 Aboriginal and Torres Strait Islander people in the ACT - the most recent figure available from the Australian Bureau of Statistics Census of Population and Housing 6 August 1991 (ABS Catalogue No 2740.0, AGPS, Canberra, 1993).

16. At the 1991 Census there were 846 Aboriginal and Torres Strait Islander children in the ACT: ACT - Family Services Letter (20 October 1995).

18. Adoption Act 1993 (ACT) s 19(2): “In deciding whether or not to make an adoption order, the Court shall have regard to - ... (b) any wishes expressed in an instrument of consent, including wishes as regards - ... (i) the racial or ethnic background of the proposed adoptive parents.”

20. Australian Institute of Health and Welfare Adoptions Australia series: see Chapter 4 note 60. See also ACT - Family Services Letter (20 October 1995).

23. Family Matters Court: Community Welfare Act 1983 (NT) s 4(1) and 43(1)(e).

24. Both this Act and the Children (Care and Protection) Act 1987 (NSW) s 87 require that the third preference only be used if placement in the extended family or the Aboriginal community would be “endangering the welfare of the child” (NT) or “detrimental to the welfare of the child” (NSW). Both of these phrases seem to imply that there should be some real risk of harm before the first two options are rejected. The consistency of this phrase and the principle of “best interests of the child” is discussed in paras 6.27-6.31.

27. NT - Department of Health and Community Services (now Territory Health Services) Letter (11 July 1995).

28. NT - Territory Health Services Northern Territory Government Interim Submission to the Human Rights and Equal Opportunity Commission’s Inquiry into the Stolen Generation (Darwin, May 1996) at 54 (the “NT Interim Submission”).

29. The most recent figure available is the Australian Bureau of Statistics 1991 Census of the Population and Housing, Aboriginal Community Profile (ABS Catalogue No 2722.0, AGPS, Canberra) cited in H Bath “Out-Of-Home Care in Australia: A State by State Comparison” (1994) 19(4) Children Australia 4 at 7.

30. H Bath “Out-Of-Home Care in Australia: A State by State Comparison” (1994) 19(4) Children Australia 4 at 7.

37. NT - Territory Health Service Substitute Care Census 1 May 1995: cited in NT Interim Submission at 56.

38. NT - Territory Health Services Guidelines and Procedures for Working Co-operatively in Respect of Children in the Care of the Minister for Health Services.

41. The Department advised that there are two main Aboriginal Child Care Agencies in the Northern Territory which are preferred “Aboriginal welfare organisations” for the purposes of the Act: KARU in Darwin and the Central Australian Aboriginal Child Care Agency in Alice Springs: NT - Department of Health and Community Services Letter (11 July 1995).

49. Adoption of Children Act 1994 (NT) Sch 1, cl 3. Note: this section applies generally to children of an ethnic background.

50. NT - Department of Health and Community Services (now Territory Health Services) Letter (11 July 1995).

55. I O’Connor The Impact of Queensland’s Family and Child Welfare and Juvenile Justice Legislation, Policy and Practice on Aboriginal and Torres Strait Islander Families and Children (prepared for the Royal Commission into Aboriginal Deaths in Custody, Queensland, November 1990) (the “RCIADIC paper”) at 38.

57. Note that placement includes placement in institutions, homes, with relatives, foster placement and independent placement: information provided by the Department of Families, Youth and Community Care (Qld) (20 August 1996).

58. Information provided by the Department of Families, Youth and Community Care (Qld) (19 August 1996).

59. Information provided by the Department of Families, Youth and Community Care (Qld) (19 August 1996).

60. Australia - Attorney-General’s Department Australia’s Report under the Convention on the Rights of the Child (December 1995) at 135.

62. Based on discussions with AICCAs in Queensland in the preparation of this Report.

65. Queensland - Department of Family Services and Aboriginal and Islander Affairs (now the Department of Families, Youth and Community Care) Letter (1 June 1995).

68. Queensland - Department of Family and Community Services (now the Department of Families, Youth and Community Care) Letter (22 February 1996). The Department advised that these figures are more accurate than those previously supplied to the Australian Institute of Health and Welfare by the Department which show 14 adoptions of Aboriginal and Torres Strait Islander children over this period, eight adopted to Aboriginal or Torres Strait Islander families, 6 adopted to non-Aboriginal or Torres Strait Islander families: Australian Institute of Health and Welfare Adoptions Australia series: see Chapter 4 note 60.

69. Children’s Protection Act 1993 (SA) s 4(2): “Serious consideration must, however, be given to the desirability of - ... (e) preserving and enhancing the child’s sense of racial, ethnic, religious or cultural identity, and making decisions and orders that are consistent with racial or ethnic traditions or religious or cultural values.”

71. Children’s Protection Act 1993 (SA) s 5(3). This is discussed further in paras 7.54-7.57. There are currently 22 recognised Aboriginal organisations and one Torres Strait Islander organisation which have been declared by notice in the Gazette in South Australia: SA - Department for Family and Community Services Letter (26 May 1995).

76. SA - Department for Family and Community Services Letter (26 September 1995).

77. The most recent figure available is the Australian Bureau of Statistics 1991 Census of Population and Housing, Aboriginal Community Profile (ABS Catalogue No 2722.0, AGPS, Canberra) cited in H Bath “Out-Of-Home Care in Australia: A State by State Comparison” (1994) 19(4) Children Australia 4 at 7.

80. The South Australian Aboriginal Child Care Agency (SAACCA) suggested that relative care and foster care also be included as options which are preferable to adoption, rather than just guardianship. Their argument was that guardianship being a permanent order was not necessarily the most preferable option for Aboriginal children, who may be part of an extensive and interlocking family network. They identified the need to find the most appropriate placement from a range of alternatives: South Australian Aboriginal Child Care Agency Adoption Policy and Practice in South Australia: ACCA Response to the Report of the Review Committee (South Australian Aboriginal Child Care Agency Forum Inc, North Adelaide, November 1986) (“the SAACCA Report”) at 3, 9 and 10.

81. This amendment was passed on 12 December 1996 but has not been proclaimed at the time of writing.

82. Note that there is no explicit preference for adoption by a member of the child’s extended family. SAACCA criticised this omission, and recommended that there should be a primary preference, after considering the wishes of the consenting parent to confidentiality and anonymity, to a placement with a member of the child’s extended family. They proposed that such an amendment would recognise that the needs of Aboriginal children and families may differ from those of the non-Aboriginal community: SAACCA Report at 3 and 13.

83. Adoption Act 1988 (SA) s 15(4): “The consent of a parent or guardian - ... (b) may be limited, authorising the adoption of the child - (i) by a relative of the child.”

86. SA - Department for Family and Community Services Letter (26 September 1995).

87. Tasmania - Department of Community and Health Services Departmental Policy (see Appendix G).

89. Tasmania - Department of Community and Health Services Letter (22 June 1995).

90. Tasmania - Department of Community and Health Services Letter (22 June 1995).

92. Tasmania - Department of Community and Health Services Letter (22 June 1995).

93. B Butler “Adopting an Indigenous Approach” (1989) 13 Adoption and Fostering 27 at 30.

95. Children and Young Persons Act 1989 (Vic) s 6 (see Appendix H). This uses the same definition as that in the Adoption Act 1984 (Vic) s 50(3)-50(4) (see Appendix H).

98. Section 9 of the Protocol: Victoria - Department of Human Services Letter (9 September 1996).

100. The most recent figure available is from the Australian Bureau of Statistics 1991 Census of Population and Housing, Aboriginal Community Profile (ABS Catalogue No 2722.0, AGPS, Canberra) cited in H Bath “Out-Of-Home Care in Australia: A State by State Comparison” (1994) 19(4) Children Australia 4 at 7. The 1994 Australian Bureau of Statistics estimate is that Aboriginal and Torres Strait Islander children constitute 0.73% of the child population in Victoria. The Department stressed that this figure is believed to understate the true population: Victoria - Department of Human Services Letter (9 September 1996).

102. Victoria - Department of Health and Community Services Letter (13 October 1995).

104. Victoria - Department of Health and Community Services Letter (13 October 1995).

107. It appears to be departmental policy that the placement principle will be followed whether the consent is conditional or general. The Standards in Adoption state that unless the relinquishing parent nominates otherwise the placement principle applies: Victoria - Department of Health and Community Services Standards in Adoption (1986) 5.2.3 [10] (see Appendix H).

108. An “Aboriginal agency” is one which has been declared as such by an Order of the Governor in Council published in the Government Gazette: Adoption Act 1984 (Vic) s 50(3)-50(5) (see Appendix H).

111. Victorian Aboriginal Child Care Agency Victorian Aboriginal Child Care Agency (VACCA, Victoria, 1987) at 18.

112. Adoption Act 1984 (Vic) s 37(1). Section 59 of the Act permits a subsequent adoption order to be made subject to the condition (see Appendix H).

118. Victoria - Department of Health and Community Services Letter (26 July 1995). Confirmed also by statistics from the Australian Institute of Health and Welfare Adoptions Australia series (see Chapter 4 note 60).

120. Information from Department for Family and Children’s Services (WA) (24 February 1997).

121. Substitute Care Policy in Relation to Aboriginal Child Placement (WA) at 5.

122. The Department referred to reciprocal policies and guidelines between the Department and the Aboriginal agencies: WA - Department for Family and Children’s Services Letter (29 August 1995).

123. Substitute Care Policy in Relation to Aboriginal Child Placement (WA) at 4.

124. WA - Department for Family and Children’s Services Letter (29 August 1995).

125. The most recent figure available is from the Australian Bureau of Statistics 1991 Census of Population and Housing, Aboriginal Community Profile (ABS Catalogue No 2722.0, AGPS, Canberra) cited in H Bath “Out-Of-Home Care in Australia: A State by State Comparison” (1994) 19(4) Children Australia 4 at 7.

126. WA - Department for Family and Children’s Services Letter (29 August 1995).

127. WA - Department for Family and Children’s Services Letter (March 1996).

132. Western Australia Parliamentary Debates (Hansard) Legislative Assembly, 30 November 1993 at 8 377.

133. Western Australia Parliamentary Debates (Hansard) Legislative Assembly, 24 March 1994 at 10 660, 10 814 and 10 859.

134. Information from Department for Family and Children’s Services (WA) (24 February 1997).

135. Infancy, childhood, adolescence and adulthood: Adoption Act 1994 (WA) Sch 2.

136. Such as the right of adopting parents to rear their child without undue disruption by the birth parents; the responsibility of birth parents to respect the privacy of the child’s adoptive family; the right of the child to resolve identity issues; and the child’s responsibility for the effects of his or her actions on others if access to information is made available about the adoption: Adoption Act 1994 (WA) Schedule 2.

137. WA - Department for Family and Children’s Services Letter (March 1996).