Footnotes
[1] Senator
Murray, upon whose motion the matter was referred to the Committee of which he
is a member, declared on several occasions his special interest in this inquiry
as a former child migrant from Fairbridge, Bulawayo, Southern Rhodesia (now
Zimbabwe).
[2] See http://www.qld.gov.au/html/fordeinquiry/inquiryreport.html
[3] Western
Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.2.
[4] The
Child Migrants Trust is an independent, professional social work agency that
works on behalf of all former child migrants to find information about their
childhood, search for their family, provide counselling and support reunions.
The Trust has established operations in the UK and offices in Melbourne and
Perth. The Trust and its operations are further discussed in Chapter 5.
[5] House of Commons Health Committee, The Welfare of Former
British Child Migrants, HC 755, Session
1997-98. Also see:
http://www.parliament.the-stationery-office.co.uk/pa/cm199798/cmselect/cmhealth/755/75502.htm
[6] The Welfare of Former British Child Migrants,
Government Response, Cm 4182, The Stationary Office.
[7] See http://www.minister.immi.gov.au/general/child1.htm
[8] Committee Hansard, 26.3.01, pp.558-60.
[9] Statement,
Senator Kay Patterson, Senate Hansard, 20.6.00, p.15215.
[10] See
Committee’s website:
https://www.aph.gov.au/senate_ca
[11] Committee Hansard, 22.3.01, p.467
(Barnardos Australia).
[12] Submission
No.98, p.2 (NCH).
[13] Report
of the National Inquiry into the Separation of Aboriginal and Torres Strait
Islander Children from Their Families, Human Rights and Equal Opportunity
Commission, April 1997.
[14] Submission
No.129, p.8 (IAFCM&F).
[15] Coldrey,
BM, The Scheme: The Christian Brothers
and Childcare in Western Australia, Argyle-Pacific Publishing, 1993, p.124.
[16] Gill,
A, Orphans of the Empire: the Shocking
Story of Child Migration to Australia, Random House, Sydney, 1998, pp.4-5.
[17] Submission
No.15, p.36 (Dr Coldrey).
[18] Submission
No.42, p.6 (DIMA).
[19] The
Big Brother Movement was established in 1925 to provide British male youths
with the opportunity to migrate to Australia for training and employment
purposes. It was a voluntary scheme open to boys between the ages of 15 and 19
years.
[20] Submission
No.42, p.6 (DIMA).
[21] This
definition excludes children and young people who emigrated under other
programs such as the One Parent Scheme, Big Brother Movement and the YMCA.
These migrants were either accompanied by a parent, received on arrival by a
parent, or emigrated under requisition or nomination systems. See Submission
No.135, p.1 (WA Department for Family & Children’s Services) .
[22] Submission
No.42, p.15 (DIMA).
[23] Coldrey,
The Scheme, p.124. See also Coldrey,
BM, ‘...a place to which idle vagrants
maybe sent’ - The first phase of child migration during the seventeenth and
eighteenth centuries, Tamanaraik Publishing, March 2001.
[24] Gill,
pp.85-86.
[25] Coldey,
BM, Child Migration to Catholic
Institutions in Australia, Tamanaraik Publishing, 1995, pp.1-2.
[26] Gill,
pp.41-42.
[27] Gill,
p.529.
[28] Submission
No.53, p.1 (Canadian Centre for Home Children).
[29] Gill,
pp.57-58; Coldrey, The Scheme, p.126.
[30] Submission
No.50, Barnardos UK Briefing, ‘Child Migration’ (Barnardos Australia).
[31] Submission
No.53, p.4 (Canadian Centre for Home Children). The same statistic was referred
to by Home Children Canada in their submission No.122, p.21.
[32] Submission
No.122, p.9 (Home Children Canada).
[33] Sherington,
G and Jeffery, C, Fairbridge: Empire and
Child Migration, Universiy of Western Australia Press, 1998. pp. 182-85,
263, 266; Gill, pp.171-72.
[34] Gill,
pp..516-18.
[35] Gill,
pp..516-18.
[36] Gill,
p.518.
[37] House
of Commons, Health Committee, The Welfare
of Former British Child Migrants, HC 755, Session 1997-98, ‘New Zealand’,
p.2.
[38] The
arguments in this section of the report have been drawn from a number of
sources including the Report of the UK Health Committee, pp.2-3; Coldrey, The Scheme, pp.124-128; Sherington &
Jeffery, Fairbridge, pp.xi-x-xii;
Submission No.88 (Dr Constantine); and Submission No.42, pp.14-15 (DIMA).
[39] Coldrey,
Catholic Institutions, p.2.
[40] Submission
No.88, p.2 (Dr Constantine).
[41] Submission
No.42, p.14 (DIMA).
[42] Sherington
& Jeffery, Fairbridge, p.xi.
[43] Coldrey,
The Scheme, p.125.
[44] Submission
No.135, p.4 (WA Department for Family & Children’s Services).
[45] Submission
No.42, p.15 (DIMA).
[46] Gill,
p.546; Coldrey, Catholic Institutions,
p.53.
[47] Submission
No.119, p.1 (Professor Sherington); Submission No.42, pp.8-15 (DIMA);
[48] Submission
No.119, p.1 (Professor Sherington).
[49] Submission
No.135, p.9 (WA Department for Family & Children’s Services).
[50] Submission
No.42, p.15 (DIMA). See also Submission No.135, p.1 (WA Department for Family
& Children’s Services).
[51] Submission
No.135, p.9 (WA Department for Family & Children’s Services). In 1922 the
WA and Commonwealth Governments each
agreed to pay 5/- per child each week for each child at Pinjarra until the age
of 14 years.
[52] National
Archives of Australia (NAA), Good British
Stock: Child and Youth Migration to Australia, 1901-83, Research Guide No
11, 1999, Ch 3. Mr Gill argues that young migrants were sent to the colonies -
Canada and Australia - as early as 1908. However the precise arrangements and
ages of the migrants are disputed. See Gill, p.55.
[53] The
Dreadnought Trust was established in NSW in 1909 to assist and support young
men to emigrate from Britain to be trained as rural workers in that State.
[54] Sherington,
and Jeffery, Fairbridge, pp.261-62.
[55] Letters
from the Commonwealth Department of Interior, dated 27.4.38 and NSW Department
of Labour and Industry dated 9.5.38, attachment, confidential submission.
[56] NAA, Good
British Stock, Ch 3, p.1.
[57] The
Millions Club was formed in Sydney in 1916. Its aim was to settle ‘a million
farmers on a million farms’ in NSW and Victoria.
[58] Gill,
pp.56-57.
[59] Coldrey,
The Scheme, p.126.
[60] Coldrey,
The Scheme, p.128. See also Submission
No.54, p.4 (JLG).
[61] Coldrey,
The Scheme, p.128.
[62] Submission
No.42, p.8 (DIMA).
[63] Submission
No.42, p.18 (DIMA).
[64] Submission
No.88, p.2 (Dr Constantine).
[65] Submission
No.42, p.8 (DIMA).
[66] Cited
in Coldrey, The Scheme, p.130.
[67] House
of Representatives, Debates, 2.8.45,
p.4914.
[68] Submission
No.42, p.18 (DIMA).
[69] Gill,
pp.64-65.
[70] Submission
No.135, pp.8-9 (WA Department for Family & Children’s Services).
[71] Submission
No.88, p.6.
[72] Submission
No.42, p.20 (DIMA). DIMA provided further advice on the definition of
‘guardianship’. The Department stated that a guardian in relation to a child is
‘a person with the right to make decisions about the long-term needs of the
child, as opposed to the day to day care of the child...The Immigration (Guardianship
of Children) Act modifies the traditional role of a guardian. The Act does not
define guardian, so the ordinary understanding of that word, as discussed
above, must be taken as the proper meaning. However, in ascertaining legal
obligations and liabilities by the Act, it must be recognised that the
legislation does in some ways modify the traditional role of a guardian. For
example, the Act envisages delegation of the powers and functions of the
Minister to State welfare authorities; and together with the regulations, the
legislation provides inspection and other powers to State welfare authorities
to supervise custody, and envisages that the State authority would be primarily
responsible for supervision of the welfare and care of children covered by the
Act. See Submission No.42, Additional Information, 9.4.01, pp.11-12 (DIMA).
[73] Submission
No.42, pp.20-21 (DIMA). Copies of the 1946 instrument of delegation signed with
each State and an example of an indenture are appended to the submission.
[74] Guardianship
of migrant children was transferred from the WA Lands & Immigration
Department to the WA Child Welfare Department in 1952.
[75] Cited
in Submission No.135, p.6 (WA Department for Family & Children’s Services).
See also Submission No.146, Additional Information, pp.4,6 (Queensland
Government).
[76] Submission
No.119, p.3 (Professor Sherington).
[77] Cited
in Submission No.15, p.42 (Dr Coldrey).
[78] Gill,
p.68. Mr Gill notes, however, that a small number of child migrants, travelling
independently, were sponsored by the Salvation Army (see Gill, p.78).
[79] Sherington
& Jeffery, Fairbridge, p.262.
[80] Submission
No.135, p.13 (WA Department for Family and Children’s Services).
[81] Submission
No.42, p.22 (DIMA).
[82] Sherington
& Jeffery, Fairbridge, pp.262-63.
[83] Submission
No.135, pp.14-15 (WA Department for Family and Children’s Services).
[84] Submission
No.146, Additional Information, p.4 (Queensland Government).
[85] Penglase,
J, ‘Orphans of the Living’: The Home
Children NSW 1939-1965, Ph.D thesis, Macquarie University, 1999, pp. 196,
197.
[86] Fox,
M, ‘British Child Migrants in New South Wales Catholic Orphanages’, History of Education Review, Vol.25,
(2), 1996, p.8.
[87] Penglase,
p.152.
[88] Fox,
p.4.
[89] Fox,
p.4.
[90] From
National Archives RecordSearch - Letter from the Western Australian Department
of Lands and Survey to the Commonwealth Department of Immigration, dated
20.2.51, K403/3 W59/87, pp.70-71.
[91] Fox,
pp. 8-9.
[92] Williams,
L, ‘“Good British Stock”: British Child
Migration to Tasmania after 1945’, Tasmanian
Historical Studies, Vol 5, no.1, 1996, p.160.
[93] Submission
No.42, Additional Information, Attachment J, 9.4.01, p.4 (DIMA).
[94] This
section of this chapter relies on several sources including Coldrey, The Scheme, pp.133-139; NAA, Good British Stock, Ch 3, Part 14; Gill,
pp.71-75.
[95] NAA,
Good British Stock, Ch 3. See also
Submission No.54, p.4 (JLG).
[96] NAA,
Good British Stock, Ch 3.
[97] Cited
in Gill, p.72.
[98] Gill,
pp.71-74.
[99] Peterkin,
AR, The Noisy Mansions: The Story of
Swanleigh 1868-1971, Swanleigh, 1986, pp.105-106.
[100] Committee Hansard, 15.3.01, pp.254,267
(Broken Rites); Fox, pp.2-5, 13.
[101] Fox,
p.13.
[102] Committee Hansard, 15.3.01, p.254
(Broken Rites).
[103] NAA,
Ch 3, Part 14, p.2.
[104] Submission
No.51, Attachment 1, p.4 (CCWC).
[105] See
Submission No.132, p.2 (CMT) for arguments concerning the ‘active role’ of the
Australian Government. See also Submission No.129, p.13 (IAFCM&F); Committee Hansard, 22.3.01, p.513
(Professor Sherington).
[106] Western
Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.40.
[107] WA
Interim Report, p.40. See also Coldrey, BM, Child
Migration: Consent of Parents to
their Children’s Emigration, Tamanaraik Publishing, 1996, pp.34-35.
[108] Cited
in WA Interim Report, p.41.
[109] Cited
in WA Interim Report, p.41.
[110] Report
of UK Health Committee, para 14.
[111] Letter
from Mr Calwell to Brother Conlon, 23.1. 47, cited in Coldrey, Catholic Institutions, p.82.
[112] Submission
No.129, p.15 (IAFCM&F).
[113] Cited
in Coldrey, Catholic Institutions,
p.75.
[114] Coldrey, Catholic Institutions, p.82. See also
Submission No.15, p.55 (Dr Coldrey).
[115] Coldrey,
Catholic Institutions, p. 91.
[116] Cited
in Coldrey, Catholic Institutions,
p.93.
[117] Submission
No.50, p.2 (Barnardos).
[118] Cited
in Submission No.54, Additional Information, 23.4.01, p.2 (JLG).
[119] Commonwealth
Department of Immigration, Cabinet Submission, 6.5.49.
[120] Letter
from Mr T. Heyes, Secretary of the Commonwealth Department of Immigration to
the Chief Migration Officer, Australia House, London, 6.1.50.
[121] Coldrey,
Catholic Institutions, p.81.
[122] Submission
No.15, p.55 (Dr Coldrey).
[123] Submission
No.88, p.2 (Dr Constantine). See also Coldrey, Child Institutions, pp.57-60;
Submission No.42, p.19-20 (DIMA).
[124] Submission
No.88, pp.3-4 (Dr Constantine).
[125] Submission
No.88, pp.3-4 (Dr Constantine).
[126] Moss,
J, Child Migration to Australia,
HMSO, London, 1953.
[127] Ross,
J, Child Migration to Australia: Report
of a Fact-Finding Mission, HMSO, London, 1956, p.73.
[128] Submission
No.88, p.15 (Dr Constantine).
[129] Submission
No.88, p.18 (Dr Constantine).
[130] Submission
No.88, p.23 (Dr Constantine).
[131] Submission
No.88, p.24 (Dr Constantine).
[132] Coldrey,
BM, Child Migration from Malta to
Australia: 1930s to 1960s, Tamanaraik Publishing, 1992, p.i.
[133] The
Agreement was signed by Fr WA Nicol, the Australian Catholic Bishops agent for
migration in London representing the Australian Catholic Immigration Committee
and the Hon. JJ Cole, Minister of Emigration and Labour in the Maltese
Government.
[134] Coldrey,
Child Migration from Malta, Appendix 5, ‘Child Settlement
Agreement between the Catholic Hierarchy in Australia and the Malta
Government’.
[135] Coldrey,
Child Migration from Malta, pp.i-ii,15.
[136] Submission
No.7, Attachment 1.
[137] Submission
No.45, Additional Information, 4.5.01, Appendix 2 (C-BERS). See also Submission
No.7, p.1.
[138] Submission
No.45, p.3 (C-BERS). See also Submission No.7, pp.1-2.
[139] Submission
No.45, Additional Information, 4.5.01, p.4 (C-BERS).
[140] Submission
No.45, p.3 (C-BERS).
[141] Submission
No.7, p.2.
[142] Submission
No.45, Additional Information, 4.5.01, pp.2-3 (C-BERS). This information is
from comments received at a forum of former Maltese child migrants held in
Perth to discuss the needs of former Maltese child migrants in response to this
inquiry. See also Submission No.7, pp.1-3.
[143] Submission
No.45, Additional Information, 4.5.01 p.3 (C-BERS).
[144] Submission
No.4, p.1.
[145] Gill,
A, Orphans of the Empire: the shocking
story of child migration to Australia, Random House, Sydney, 1998, p.121.
[146] Gill,
p.122.
[147] Gill,
pp.114-16; National Archives of Australia (NAA), Good British Stock: Child and Youth Migration to Australia, 1901-83, Research
Guide No.11, 1999, Ch 3, Part 12.
[148] From
discussions with Barnardos UK and Submission No.50, Appendix 2 (Barnardos).
[149] NAA,
Ch 3, Part 10.
[150] NAA,
Ch 3, Part 10.
[151] Western
Australia Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, pp.29-30.
[152] NAA,
Ch 3, Part 10.
[153] Submission
No.43, p.1 (Fairbridge Foundation).
[154] Sherington,
G and Jeffery, C, Fairbridge: Empire and
Child Migration, University of Western Australia Press, 1998, p.164.
[155] Sherington
& Jefffery, pp.164-66, 262.
[156] Sherington
& Jeffery, p.166.
[157] NAA,
Ch 3, part 10.
[158] NAA,
Ch 3, Part 10.
[159] NAA,
Ch 3, Part 14.
[160] NAA,
Ch 3, part 15.
[161] Submission
No.56, p.2 (Swanleigh).
[162] Peterkin,
AR, The Noisy Mansions: The Story of
Swanleigh 1868-1971, Swanleigh, 1986, pp. 105-110; Submission No.56, pp.1-2
(Swanleigh).
[163] NCH
was established in England in 1869 by a Methodist Minister, Dr Thomas Stephenson.
[164] NAA,
Ch.3, Part 17.
[165] NAA,
Ch.3, Part 18.
[166] Gill,
p.197.
[167] Gill,
pp.199-200.
[168] NAA,
Ch. 3, Part 16.
[169] Committee Hansard, 15.3.01, p.172.
[170] Submission
(Confidential).
[171] Submission
No.97, p.4.
[172] Submission
(Confidential).
[173] Submission
No.64, p.2.
[174] Submission
(Confidential).
[175] Submission
No.120, p.2.
[176] Committee Hansard, 16.2.01, p.90.
[177] Submission
No.119, p.2 (Professor Sherington).
[178] Coldrey,
BM, Child Migration: Consent of Parents
to their Children’s Emigration: The Legal and Moral Dimension, Tamanaraik
Press, 1996, Forward, p.2.
[179] Submission
No.50, Attachment ‘After Care Service’ (Barnardos).
[180] Coldrey,
Consent of Parents, p.40.
[181] Coldrey,
Consent of Parents p.41.
[182] Coldrey,
Consent of Parents, pp.46-47.
[183] Submission
No.119, p.2 (Professor Sherington).
[184] Submission
No.54, p.13 (JLG).
[185] Submission
No.50 Attachment (Barnardos).
[186] Submission
No.119, Additional Information 24.4.01, p.1 (Professor Sherington).
[187] Submission
No.119, Additional Information, p.1 (Professor Sherington).
[188] Submission
No.119, pp.2-3.
[189] Coldrey,
Consent of Parents, pp.45-46.
[190] Coldrey,
Consent of Parents, p.51.
[191] Coldrey,
Consent of Parents, pp.40, 47-48.
[192] Submission
No.51, Attachment, p.6 (CCWC).
[193] Submission
No.135, p.9 (WA Department for Family and Children’s Services).
[194] Submission
No.97, p.1.
[195] Submission
(Confidential).
[196] Submission
No.53, p.1 (Canadian Centre for Home Children).
[197] Personal
communication with Mr Gill, 20.8.01.
[198] Submission
No.132, p.7 (CMT). ‘Child migrants’ are defined in the submission as children
who were sent to Australia at an age below the school leaving age.
[199] The
pre-war figure was based on the numbers of children sent to Barnardos,
Fairbridge and Catholic institutions. See Submission No.42, pp.15,17 (DIMA).
[200] Submission
No.119, Additional Information, 26.6.01 (Professor Sherington).
[201] Committee Hansard, 22.3.01, pp.519-20
(Professor Sherington).
[202] Submission
No.88, Additional Information, 25.3.01, p.1 (Dr Constantine).
[203] Submission
No.42, p.7 (DIMA). DIMA refers to ‘child migrants’ as those children under the
age of 16 years who had been living in institutions in the UK and who had no
family ties or contacts in Australia and who were brought to this country under
various schemes in the post-war period.
[204] Submission
No.15, p.38 (Dr Coldrey).
[205] Dr
Constantine’s figures are based on official UK records of child migrants who
were subsidised by the British Government and sent to Australia by voluntary
societies from 1947-65. The table does not include ‘juveniles’, classified as
aged 15 years and over who were not ‘in care’ and who were migrated by the Big
Brother Movement and the YMCA. See Submission No.88, Additional Information,
25.3.01 (Dr Constantine).
[206] Submission
No.119, Additional Information, 26.6.01 (Professor Sherington).
[207] House
of Commons, Health Committee, The Welfare
of Former British Child Migrants, HC 755, Session 1997-98, para. 13.
[208] House
of Commons, Health Committee, Minutes of
Evidence, Department of Health, CM129.
[209] Submission
No.42, pp.6-7 (DIMA). See also Committee
Hansard, 6.2.01, p.10 (DIMA).
[210] Submission
No.88, Additional Information, 25.3.01 (Dr Constantine).
[211] House
of Commons, Health Committee, Minutes of
Evidence, 20.5.98, pp.5-6.
[212] Personal
communication with Barnardos Australia, 6.7.01. See also Submission No.50,
Briefing Paper ‘Child Migration’ (Barnardos).
[213] Submission
No.88, Additional Information, 25.3.01 (Dr Constantine).
[214] Committee Hansard, 22.3.01, p.467
(Barnardos Australia); See also Submission No.50, p.1; and Additional
Information, 22.6.01, p.1 (Barnardos).
[215] Submission
No.50, Additional Information, 22.6.01, p.1 and Briefing Paper, ‘Child
Migration’ (Barnardos).
[216] Committee Hansard, 16.2.01, p.125
(Fairbridge WA).
[217] Submission
No.135, p.2 (WA Department for Family and Children’s Services).
[218] Submission
No.135, p.2 (WA Department for Family and Children’s Services). The
Department’s figures are also confirmed by the figures cited by Sherington
& Jeffery, Fairbridge, p.264.
[219] Committee Hansard, 16.2.01, p.126
(Fairbridge WA).
[220] CCWC
is a federation of Catholic Children’s Societies, diocesan social welfare
agencies and some religious congregations providing social care services for
children and families in need in the UK.
[221] Submission
No.54, p.6 (JLG).
[222] Submission
No.54, Additional Information 29.5.01, p.2 (JLG).
[223] Based
on 1 355 Catholic child migrants out of an estimated total of 7 500 child
migrants. See Submission No.54, p.4 (JLG).
[224] Committee Hansard, 16.2.01, p.103 (WA
Christian Brothers Province Archivist).
[225] Submission
No.119, p.1 (Professor Sherington).
[226] Submission
No.42, p.3 (DIMA).
[227] Submission
No.119, Additional Information, 26.6.01 (Professor Sherington).
[228] Submission
No.135, p.2 (WA Department for Family & Children’s Services).
[229] Submission
No.135, p.3 (WA Department for Family & Children’s Services).
[230] House
of Commons, Health Committee, The Welfare
of Former British Child Migrants, HC 755, Session 1997-98, paras 13 and 73.
[231] Submission
No.68, p.3 (Goodwood, SA).
[232] Coldrey,
BM, ‘Caring and Corruption: Church
Orphanages and Industrial Schools’, Studies,
Vol 89, No.353, Spring 2000, p.9.
[233] Submissions
No.129, p.22; No.36, p,1.
[234] Submission
No.23 (Barnardos, Burwood, NSW).
[235] Submission
No.82, p.2 (St Johns, Canterbury, Vic).
[236] Committee Hansard, 21.3.01, pp.372-3
(Neerkol, Qld).
[237] Confidential
submission No.87 (Clontarf, WA).
[238] Report
of UK Health Committee, para.45.
[239] Report
of UK Health Committee, para.51.
[240] The
Committee discusses elsewhere in the report the 1993 legal action brought by
some 220 former residents of Christian Brothers homes seeking damages for
physical and sexual abuse (though not all were former child migrants).
[241] For
example Submission No.87, p.12 (Bindoon, WA). Dr Coldrey comments in The Scheme, Argyle-Pacific Publishing,
1993, pp.389-393, on teenage sexual
activity based on visitation and other reports.
[242] Mr
Alan Gill refers to this as ‘clannishness’ in Orphans of the Empire, Random House, Sydney, 1998, pp.351-2.
[243] Coldrey,
The Scheme, p.393
[244] Dr
Coldrey had been commissioned by the Christian Brothers to produce the history,
and as such the people who commissioned it had editorial rights.
[245] Submission
No.15, p.16 (Dr Coldrey) copy of document The
Secret Report which damned the Christian Brothers. See also Gill, pp.480-84
and Submission No.95, pp.26-7.
[246] Committee Hansard, 15.3.01, pp.227-8,
231-2. The Joint Liaison Group confirmed
the Vatican’s request that Br. Coldrey withdraw work posted on the Internet,
though ‘we are not aware of what reasons, if any, were given for this action’,
Submission No.54, Additional information 23.4.01, p.3 (JLG).
[247] LH
Murphy was committed for trial in 1998 for sexual offences against boys in the
WA orphanage system, but in early 1999 was declared unfit to plead on grounds
of advanced age and mental/physical decline.
[248] Submission
No.15, Additional Information 19.3.01 (Dr Coldrey).
[249] This
is not a complete list of those named in submissions, only those with multiple
references. The numbers alleged to be involved in sexual abuse at these
institutions is much larger than this list.
[250] Submission
No.54, p.11 (JLG).
[251] Dr
Marion Fox has noted that NSW Child Welfare social workers who dealt with
teenage pregnancies of unmarried girls and the adoption of their babies
commented on the way ‘the young people were seeking affection’ and criticised
the religious staff ‘for keeping the children isolated in the institutions and
failing to prepare them for transition to work and society’. Submission No.148,
p.4 (Dr M Fox).
[252] Commission
of Inquiry into Abuse of Children in Queensland Institutions, (Forde
Commission), Closed Report, 1999,
p.4.
[253] Submissions
No.15, p.76-80 (Dr Coldrey); No.42, Additional information 9.4.01, p.1 and
Attachment C (DIMA); and No.50, p.3 (Barnardos).
[254] Committee Hansard, 21.3.01, p.407
(Tardun, WA).
[255] Submission
No.68, Additional Information 22.3.01, p.3 (Goodwood, SA).
[256] Submission
No.130, Additional Information 20.3.01, p.3 (Northcote, Vic). Similar
punishment was reported at Bindoon, Clontarf, WA; Dhurringile, Vic; Goodwood,
SA; Pinjarra, WA.
[257] Submission
No.94, p.2 (Magill, SA).
[258] Submission
No.58, p.1 (Northcote, Bacchus Marsh, Vic).
[259] Submission
No.73, p.1 (Fairbridge Molong, NSW).
[260] Submission
No.138, p.1 (St Josephs?, WA).
[261] Submission
No.141, p.2 (Tresca, Tas).
[262] Submission
No.19, p.1 (Neerkol, Qld).
[263] Submission
No.60, p.6 (Bindoon, WA).
[264] Submission
No.23, p.2 (Burwood House, NSW).
[265] Submission
No.125, p.1 (Castledare, WA).
[266] Submission
No.95, p.15.
[267] Confidential
Submission No.14 (Goodwood, SA).
[268] Confidential
Submission No.50, p.3 (Fairbridge Pinjarra, WA).
[269] Submission
No.75 (Northcote, Bacchus Marsh, Vic).
[270] Submission
No.71, p.1 (Dr Barnardos, Normanhurst, NSW).
[271] Committee Hansard, 21.3.01, p.383
(Neerkol, Qld).
[272] Committee Hansard, 21.3.01, pp.373-4 .
[273] Submission
No.93, p.2 (Padbury Farm School, WA).
[274] Forde
Commission, Closed Report, p.4. Other
institutions included Bindoon, Castledare and Clontarf, WA; Goodwood, SA;
Nazareth House, Geraldton, WA.
[275] Committee Hansard, 15.2.01, pp.37, 40
(Clontarf, WA). See also Submission No.95, pp.12-13.
[276] Submission
No.132, p.32 (CMT).
[277] Submission
No.4, p.2 (Burwood House, NSW).
[278] Confidential
submission No.25 and Submission No.36, p.2 (Bindoon, WA).
[279] Submission
No.36, p.3 (Bindoon,WA).
[280] Submission
No.58, p.1. (Northcote, Bacchus Marsh, Vic)
[281] Submission
No.72, pp.4-5. See also Submission No.68, Attachment, p.3. (Goodwood, SA)
[282] Submission
No.20, pp.9-10 (Neerkol, Qld).
[283] Submission
No.16, p.5 (Neerkol, Qld). Evidence was also given that girls as young as 12 at
St Josephs, Subiaco, were put on night duty in the nursery to look after 36
babies aged 7 days to 18 months - Submission No.83, pp.1-2.
[284] Penglase,
J, ‘Orphans of the Living’: The Home Children NSW 1939-1965, Ph.D thesis,
Macquarie University, 1999, pp.214-15.
[285] Submission
No.64, p.3 (St John Bosco, Tas).
[286] Confidential
Submission No.11, p.2 (Fairbridge Pinjarra, WA).
[287] Confidential
Submission No.25, p.4 (Bindoon). Mr Alan Gill refers in Orphans of the Empire, p.356, to an old newsreel now with the
National Film and Sound Archive showing construction work by scantily clad,
barefoot boys ‘many who look no more than 10 or 11’ and of photographs
depicting ‘boys atop flimsy scaffolding like construction workers in a third
world country’.
[288] Submission
No.95, pp.31-32.
[289] Committee Hansard, 15.3.01, p.251
(Broken Rites); Submission No.36, p.2.
[290] Submission
No.82, p.1.
[291] Submission
No.83, p.1 (St Josephs, Subiaco, WA).
[292] Committee Hansard, 15.3.01, p.251
(Broken Rites).
[293] Committee Hansard, 22.3.01, pp.533-34
(Goodwood, SA).
[294] Submission
No.124, p.1.
[295] Committee Hansard, 21.3.01, p.349
(Neerkol, Qld).
[296] Quoted
in Submission No.95, p.33.
[297] Submission
No.148, Attached Article, British Child Migrants in New South Wales Catholic
Orphanages’, History of Education Review,
Vol 25, (2), 1996, p.12 (Dr M Fox).
[298] Confidential
Submission (Dhurringile, Vic).
[299] Submission
No.14, p.2 (Padbury Boys Farm School, WA).
[300] Submission
No.62, p.1 (Thurgoona, NSW).
[301] From
National Archives RecordSearch - Letter from the Western Australian Department
of Lands and Survey to the Commonwealth Department of Immigration, dated 20
February 1951, K403/3 W59/87, pp.70-71; see also pp.35-36 - Letter from the WA
Department to the Commonwealth Migration Officer. Following the letter of 20
February 1951, a valuation of the buildings at Bindoon was undertaken by the
Commonwealth and State Public Works. The cost of materials was valued at
10,432-10-0 and payment was recommended on a two-thirds basis - 6,955-0-0,
and the cost of labour was valued at 10,432-10-0, less 50% allowance for the
students’ labour, leaving a subsidy payment of 3,477-10-0.
[302] From
National Archives RecordSearch, K403/3 W59/87, p.45.
[303] Coldrey,
The Scheme, pp.366-76.
[304] Submission
No.86 Additional Information, p.22.
[305] Coldrey,
BM, The Scheme, p.373. The Inspection
report is reproduced in Submission No.42, Additional Information, Attachment H
(DIMA).
[306] Submission
No.42, Additional Information, p.5 (DIMA).
[307] Quoted
in Submission No.95, p.35.
[308] Submission
No.42, Additional Information, Reports at Attachment E, p.5 (DIMA).
[309] Submission
No.42, Additional Information, p.5 (DIMA).
[310] Commission
of Inquiry into Abuse of Children in Queensland Institutions (Forde Report), Report, May 1999, p.79.
[311] Penglase,
pp.196, 213.
[312] Coldrey,
BM, Child Migration and the Western
Australian Boys Homes, Tamanaraik Publishing, 1991, p.35; see also Committee
Hansard, 22.3.01, p. 493 (JLG).
[313] Forde
Commission, Report, p.81.
[314] Submission
No.96, Additional Information, 16.2.01.
[315] Submission
No.148, Attached Article, p.10 (Dr M Fox).
[316] The
Queensland Department of Families reported that trust accounts were maintained
for State children, but not for child migrants. It added that trust accounts
were, in effect, forced savings and were arranged when a child was employed.
The Department concluded ‘it does not seem that the Department had any
statutory authority to require compulsory savings by migrant children, and
hence no trust accounts were held for them’. Submission No.146, Additional
Information, p.4 (Queensland Government). The South Australian Department of
Human Services advised that some files indicate that wages were paid by
employers and placed in bank accounts. Board was deducted and child migrants
were required to ask permission to make a withdrawal from their account.
Submission No.127, Additional Information, p.2 (SA Department of Human
Services).
[317] Committee Hansard, 21.3.01, p.437
[318] Submission
No.130, p.3.
[319] Committee Hansard, 16.2.01, pp.168-70
(WA Department for Family and Children’s Services).
[320] Committee Hansard, 22.3.01, pp.494-95
(JLG).
[321] Submission
No.135, Additional Information 9.4.01, Attachment E (WA Department for Family
and Children’s Services) - Copy of 1952 policy in relation to migrant children
and wards in institutions in respect to schooling and employment.
[322] Confidential
submission No. 23 (St Josephs, Lane Cove, NSW).
[323] Forde
Commission, Closed Report, p.5.
[324] Submission
No.28, p.1 (St Joseph’s? WA).
[325] Confidential
submission No.81 (Castledare/Clontarf, WA).
[326] Submission
No.120, p.1 (Tresca, Tas).
[327] Submission
No.111, p.1 (Bindoon, WA).
[328] Submission
No.95, pp.20-21. Submission No.36, Additional information, 1.12.00.
[329] Committee Hansard, 15.2.01, pp.51-3;
26.3.01, p.558 (IAFCM&F); 22.3.01, p.539.
[330] Submission
No.86, p.3. See also Committee Hansard,
16.2.01, pp.158-9 (WA Department for Family and Children’s Services).
[331] Forde
Commission, Closed Report, pp.8-9.
[332] Submission
No.101, p.4 (Castledare/Clontarf, WA).
[333] Submission
No.19, p.3 (Neerkol, Qld).
[334] Submission
No.57, Additional Information 15.5.01, p.8 (Broken Rights). See also Submission
No.148, p.4 (Dr Fox); Committee Hansard,
15.3.01, pp.191, 262.
[335] Coldrey,
The Scheme, p.389.
[336] Forde
Commission, Closed Report, pp.1-2,
7-8.
[337] Coldrey,
BM., ‘The Child Migration Controversy: A survey and analysis of the debate over
child migration and residential care in Australia, 1987-2000’, The Australasian Catholic Record,
Volume 78, No.1, January 2001, p.67.
[338] Submission
No.20, p.19 (Neerkol, Qld). See also Committee
Hansard, 21.3.01, p.383.
[339] Confidential
Submission No.82 (Northcote, Bacchus Marsh, Vic).
[340] UK
Health Committee, Unpublished Memoranda, CM205.
[341] Submission
No.2, p.2 (Mr A Gill).
[342] Submission
No.57, p.5 (Broken Rites).
[343] Submission
No.84, p.2.
[344] Submission
No.148, p.3 (Dr M Fox).
[345] Submission
No.78.
[346] Submission
No.135, Part 2 - pp.13-14 (WA Department for Family and Children’s Services).
By 1959 the Department’s field staff included only 2 psychologists, 5 welfare
officers and 5 district officers.
[347] Submission
No.135, Appendix 37 (WA Department for Family and Children’s Services).
[348] House
of Commons, Health Committee, The Welfare
of Former British Child Migrants, HC 755, Session 1997-98, para.47.
[349] Submission
No.42, Additional information 9.4.01, p.3 (DIMA).
[350] Submissions
No.42, Additional information 9.4.01, pp.7-9 and Attachments H-P (DIMA); No.54,
Additional information 23.4.01, Appendices F-H (JLG); No.127, Additional
information 7.8.01 (SA Department of Human Services); No.135, Appendix 19 (WA
Department for Family and Children’s Services). Some digitised reports and
other reference documents have been accessed from the National Archives website
at www.naa.gov.au/The_Collection/recordsearch.html
[351] Submission
No.42, Additional Information 9.4.01, p.1 (DIMA).
[352] Coldrey,
BM, Child Migration and the Western
Australian Boys Homes, Tamanaraik Publishing, 1991, p.35.
[353] Submission
No.15, p.44.
[354] Submission
No.95, p.25.
[355] Submission
No.148, Attached article, ‘British Child Migrants in New South Wales Catholic
Orphanages’, History of Education Review,
Vol 25, (2), 1996, pp.2, 8-9 (Dr M Fox).
[356] Submission
No.148, Attached article, p.13 (Dr M Fox).
[357] Committee Hansard, 15.3.01, p.267
(Broken Rites).
[358] Commission
of Inquiry into Abuse of Children in Queensland Institutions, (Forde
Commission), Closed Report, 1999,
p.5.
[359] Coldrey,
BM, The Scheme: The Christian Brothers
and Childcare in Western Australia, Argyle-Pacific, 1993, p.396.
[360] Submission
No.152 (Fairbridge, Molong).
[361] Committee Hansard, 16.3.01, p.125 (in camera).
[362] Submission
No.51, Enclosure 1, p.4 (CCWC).
[363] Report
of UK Health Committee, para.22.
[364] Submission
No.42, Additional Information 9.4.01, Attachment C (DIMA).
[365] Submission
No.148, Attached article, p.7 (Dr M Fox).
[366] Fox,
p.8.
[367] Submission
No.54, p.3 (JLG).
[368] Report
of UK Health Committee, para.92.
[369] Report
of UK Health Committee, para.94.
[370] See
also Submission No.135, Part 1 - pp.4-11 and Part 2 - pp.5-8 (WA Department for
Family and Children’s Services).
[371] Coldrey,
The Scheme, p.398.
[372] Coldrey,
The Scheme, p.321.
[373] Alan
Gill, Orphans of the Empire, Random
House, Sydney, 1998, p.356,
[374] Committee Hansard, 15.3.01, p.195;
22.3.01, p.538; Submission No.36, pp.2-3.
[375] Cited
in Submission No.15, p.6 (Dr Coldrey).
[376] Such
an action is not unprecedented as former Queensland Police Commissioner Terence
Lewis had a knighthood and other imperial honours cancelled in 1993.
[377] Submission
No.57, Additional information 15.5.01 pp.1-5 (Broken Rites); Eros Foundation, Hypocrites: Evidence and statistics on child
sexual abuse amongst church clergy, 1990-2000,
April 2000.
[378] Committee Hansard, 15.3.01, pp.226-7 and
22.3.01, pp.488-90.
[379] Committee Hansard, 22.3.01, p.490.
[380] The Times, comment, 18.4.01, p.15.
[381] Forde
Commission, Closed Report, pp.9-10.
[382] Submission
No.129, p.42 (IAFCM&F).
[383] Submission
No.123, p.5.
[384] Submission
No.22, p.2.
[385] Submission
No.48, p.7 (ISS).
[386] Submission
No.44, p.9 (CMFS).
[387] See
for example, Committee Hansard,
15.2.01, p.61.
[388] Submission
No.101, p.4.
[389] Submission
No.37, p.4.
[390] Committee Hansard, 15.2.01, p.54.
[391] Submission
No.129, pp 42,43 (IAFCM&F).
[392] Submission
No.126, p.5.
[393] Submission
No.73, p.2.
[394] Submission
No.43, p.6 (Fairbridge Foundation).
[395] Submission
No.50, p.7 (Barnardos).
[396] Submission
No.54, p.13 (JLG).
[397] Submission
No.54, pp.17-18 (JLG).
[398] Submission
No.135, p.15. (WA Department for Family and Children’s Services).
[399] Submission
No.146, p.3 (Queensland Government).
[400] Submission
No.42, pp.41-2 (DIMA).
[401] Committee Hansard, 6.2.01, p.24 (DIMA).
A more detailed response provided in Additional Information.
[402] Submission
No.110, p.2.
[403] Submission
No.28, p.3.
[404] Submission
No.129, p.37 (IAFCM&F).
[405] Committee Hansard, 15.3.01, p.251
(Broken Rites).
[406] Committee Hansard, 16.2.01, p.122
(Fairbridge WA).
[407] Sherington,
G and Jeffery, C, Fairbridge: Empire and
Child Migration, University of Western Australia Press, 1998, p.243.
[408] Western
Australia Legislative Assembly, Select Committee into Child Migration, Interim Report, 1996, p.63-66.
[409] Submission
No.43, p.1 (Fairbridge Foundation).
[410] Sherington
and Jeffery, p.243.
[411] Committee Hansard, 26.3.01, p.576 (CMT).
[412] Committee Hansard, 26.3.01, p.575 (CMT).
[413] Committee Hansard, 26.3.1, pp.578, 579
(CMT).
[414] Committee Hansard, 26.3.01, p.580 (CMT).
[415] Submission
No.135, p.18 (WA Department for Family and Children’s Services).
[416] Committee Hansard, 16.2.01, p.162 (WA
Department for Family and Children’s Services).
[417] Submission
No.132, p.46 (CMT).
[418] Committee Hansard, 26.3.01, p.577 (CMT).
[419] Submission
No.42 Additional Information, 9.4.01 p.1 (DIMA).
[420] Submission
No.129, p.39 (IAFCM&F). Many submissions also supported increased Trust
funding.
[421] Submission
No.45, p.2 (C-BERS).
[422] Submission
No.44, p.4 (CMFS).
[423] Committee Hansard, 6.2.01, p.18 (DIMA).
[424] Submission
No.54, p.13 (JLG).
[425] Committee Hansard, 22.3.01, p.503 (JLG).
[426] Submission
No.129, p.3 (IAFCM&F).
[427] Submission
No.129, p.2 (IAFCM&F).
[428] Constitution
and By-laws of the Child Migrant Friendship Society of W.A. (Inc.).
[429] Committee Hansard, (in camera).
[430] Submission
No.126, p.4.
[431] Submission
No.126, p.3.
[432] Submission
(Confidential).
[433] Submission
(Confidential).
[434] Submission
(Confidential).
[435] Committee Hansard, 15.2.01, p.62.
[436] Submission
No.132, p.16 (CMT).
[437] Submission
No.96, p.4.
[438] Submission
(Confidential).
[439] Submission
No.42, pp.10, 33 (DIMA); see also Committee
Hansard, 15.3.01, p.245 (Dr BM Coldrey).
[440] Submission
No.87, p.10.
[441] Submission
No.87, p.8.
[442] Submission
No.54, p.14 (JLG).
[443] Submission
No.126, p.3.
[444] Submission
No.135, Appendix 23 (Department for Family and Children’s Services WA).
[445] Submission
No.33, p.1.
[446] Submission
No.87, p.8.
[447] See
for example, Submission No.4, p.2; Submission No.23, p.2.
[448] See
for example, Submission No.3, p.1; Submission No.38, Attachment, p.3.
[449] Submission
No.43, p.3 (Fairbridge Foundation).
[450] Submission
No.98, p.3 (NCH).
[451] Moss,
J, Child Migration to Australia Report, Her
Majesty’s Stationary Office, 1953, p.24.
[452] Submission
No.135, p.10 (WA Department for Family and Children’s Services).
[453] Submission
(Confidential).
[454] Committee Hansard, 15.3.01, p.171.
[455] Submission
No.39, p.1.
[456] Submission
No.74, p.1.
[457] Submission
No.147, Attachment.
[458] Submission
No.135, pp. 7-8, Appendix 22 (WA Department for Family and Children’s
Services); see also Committee Hansard,
16.2.01, p.95 (Christian Brothers’ Archivist).
[459] Submission
No.54, p.14 (JLG).
[460] Submission
No.46, p.4 (ACMF).
[461] Submission
No.126, p.3.
[462] Submission
No.94, p.3.
[463] Committee Hansard, 16.2.01, pp. 92-93,
95.
[464] Western
Australian Legislative Assembly, Select Committee into Child Migration, Interim Report, p.44.
[465] Committee Hansard, 16.3.01, p.292 (SA
Department of Human Services).
[466] Committee Hansard, 21.3.01, p.424 (Qld
Department of Families).
[467] Committee Hansard, 16.2.01, p.99.
[468] Submission
No.54, p.14 (JLG).
[469] Submission
No.54, p.14 (JLG).
[470] Submission
No.48, p.3 (ISS).
[471] Committee Hansard, 22.3.01, p.467
(Barnardos).
[472] Submission
No.37, p.2.
[473] Submission
No.76, p.2.
[474] Submission
No.136, p.10 (WA Department for Family and Children’s Services).
[475] Submission
No.92, p.2.
[476] Committee Hansard, 16.3.01, p.325.
[477] Submission
No.85, p.1.
[478] Submission
No.65, p.1.
[479] Submission
No.82, p.2
[480] Submission
No.48, p.5 (ISS).
[481] Submission
No.124, p.3.
[482] Committee Hansard, 26.3.01, p.564.
[483] See
for example, Submission No.68, p.2; Submission No.92, p.2; Submission No.114,
p.1.
[484] Submission
No.123, p.3.
[485] Submission
No.96, p.4.
[486] Submission
No.77, p.1.
[487] Committee Hansard, 15.2.01, p.58.
[488] Submission
No.121, p.6.
[489] Submission
No.103, p.2.
[490] See
for example, Submission No.150 which provides a succinct account of the tracing
process.
[491] Committee Hansard, (in camera).
[492] Submission
No.4, p.2.
[493] Submission
No.90, p.2.
[494] Submission
No.29, pp.2-3.
[495] Submission
No.92, p.2.
[496] Submission
No.114, p.1.
[497] Submission
No.62, p.2.
[498] Committee Hansard, 15.2.01, p.58.
[499] Submission
No.85, p.2.
[500] Submission
(Confidential).
[501] Submission
No.39, p.1; Submission No.82, p.2.
[502] Committee Hansard, 22.3.01, p.465
(CLAN).
[503] Submission
No.129, p.28 (IAFCM&F).
[504] Submission
No.107, p.2.
[505] Committee Hansard, 16.2.01, p.89 (CMFS).
[506] Submission
No.135, Additional Information, 7.6.01, p.3 (WA Department for Family and
Children’s Services).
[507] Submission
No.135, p.10 (WA Department for Family and Children’s Services).
[508] Committee Hansard, 6.2.01, p.21 (DIMA).
[509] The
Committee notes that in approving payments for equipment allowance introduced
post-war, Commonwealth officials appear to have sighted some birth certificates
of child migrants to ensure that they were eligible for the allowance, eg under
14 years of age on date of embarkation. In some records viewed by the
Committee, Immigration officials queried the names and dates of birth supplied
by receiving agencies. It appears in some cases that early in the post war
migration period, information from baptismal certificates was provided, rather
than birth certificates. See National Archives of Australia, RecordsSearch,
files K403/3 W59/89; PP6/1 1948/H/1826.
[510] Submission
No.45, Additional Information, pp.4-5 (DIMA).
[511] Committee Hansard (in camera).
[512] Submission
No.55 (NCVCCO).
[513] Submission
No.51, pp.2-4, (CCWC); Submission No.54, p.15 (JLG).
[514] Submission
No.50, Attachment (Barnardos).
[515] Submission
No.98, p.4 (NCH).
[516] Committee Hansard, 16.2.01, p.99.
[517] National
Archives of Australia, letter to the Committee, dated 11 April 2001, p.4.
[518] Submission
No.47, pp.1-2 (Trustees of the Christian Brothers in WA).
[519] Committee Hansard, 16.2.01, pp.152-53
(WA Department for Family and Children’s Services).
[520] Submission
No.135, p.18 (WA Department for Family and Children’s Services).
[521] Committee Hansard, 16.3.01, pp.284, 287
(SA Department of Human Services).
[522] Committee Hansard, 16.3.01, p.314 (SA
Department of Human Services).
[523] Personal
communication with the Committee.
[524] Committee Hansard, 22.3.01, p.447
(Fairbridge Foundation).
[525] Submission
No.136, p.2 (Fairbridge WA Inc).
[526] Committee Hansard, 22.3.01, p.474.
Detailed information about the files held by Barnardos UK is provided in
briefing papers attached Submission No.50 (Barnardos Australia).
[527] Committee Hansard, (in camera).
[528] Submission
No.22, pp.2-3.
[529] Committee Hansard, 26.3.01, p.584 (CMT).
[530] Submission
No.50, Attachment (Barnardos).
[531] Submission
No.51, p.5 (CCWC).
[532] Submission
No.54, p.15 (JLG).
[533] Submission
No.44, p.6 (CMFS); Committee Hansard,
16.2.01, p.149 (C-BERS).
[534] Submission
No.45, p.3 (C-BERS).
[535] Committee Hansard, 16.2.01, p.139
(C-BERS).
[536] Submission
No.129, Additional Information 23.4.01 (IAFCM&F).
[537] Submission
No.44, Additional Information, p.4 (CMFS).
[538] Committee Hansard, 16.2.01, pp.153,
164-65 (WA Department for Family and Children’s Services).
[539] Committee Hansard, 16.3.01, p.290 (SA
Department of Human Services).
[540] Committee Hansard, 22.3.01, p.476
(Barnardos).
[541] Submission
No.62, p.3.
[542] Submission
No.45, p.4 (C-BERS).
[543] Submission
No.52, p.4 (CMSAG).
[544] Submission
No.51, p.5 (CCWC); Submission No.98, p.4 (NCH).
[545] Submission
No.126, p.4.
[546] Submission
No.85, p.2.
[547] Submission
No.69, p.2.
[548] Submission
No.85, p.1.
[549] Submission
No.69, p.1.
[550] See
http://www.archives.ca/02/020110_e.html
[551] Committee Hansard, 16.2.01, p.77.
[552] Submission
No.129, p.20 (IAFCM&F).
[553] Committee Hansard, in camera
[554] Committee Hansard, 16.2.01, p.79
(IAFCM&F).
[555] Submission
No.62, p.2.
[556] Committee Hansard, 21.3.01, p.437.
[557] Information
provided by DIMA indicates that British migrants were eligible to serve in the
Australian armed services without being Australian citizens. Submission No.42,
p.48 (DIMA).
[558] Submission
No.129, p.20 (IAFCM&F).
[559] Submission
No.42, pp.38, 49 (DIMA).
[560] Submission
No.132, p.29 (CMT).
[561] Committee Hansard, 16.2.01, p.79.
[562] Committee Hansard, 16.2.01, p.78.
[563] Committee Hansard, 16.3.01, p.325.
[564] Submission
No.40, p.2.
[565] Committee Hansard, 26.3.01, p.565
(IAFCM&F).
[566] Committee Hansard, 6.2.01, p.3 (DIMA).
[567] Submission
No.129, p.34 (IAFCM&F); Submission No.46, p.3 (ACMF); Submission No.121,
p.5.
[568] Submission
No.129, p.34 (IAFCM&F).
[569] Submission
No.78, p.2.
[570] Submission
No.70, p.1.
[571] Committee Hansard, 22.3.01, p.536.
[572] Submission
No.48, p.5 (ISS).
[573] Submission
No.54, p.16 (JLG).
[574] Submission
No.136, p.2 (Fairbridge WA); Submission No.43, p.4 (Fairbridge Foundation);
Submission No.50, p.5 (Barnardos Australia).
[575] Response
to Forde inquiry, p.43; Committee
Hansard, 21.3.01, p.416 (Qld Department of Families).
[576] Submission
No.46, p.3 (ACMF); Committee Hansard,
16.2.01, p.107,119 (ACMF).
[577] Committee Hansard, 15.3.01, p.269 (ISS);
Submission No.48, p.1 (ISS).
[578] Submission
No.48, p.3 (ISS); Committee Hansard,
15.3.01, pp.270-277 (ISS).
[579] Submission
No.48, pp.3-4 (ISS); Submission No.48, Additional Information, 5.6.01 (ISS).
[580] Submission
No.48, Additional Information, 5.6.01 (ISS); Committee Hansard, 15.3.01, p.270 (ISS).
[581] Submission
No.45, p.1 (C-BERS).
[582] Submission
No.45, Additional Information, 22.5.01 p.2 (C-BERS).
[583] Submission
No.48, Additional Information, 5.6.01 (ISS); Committee Hansard, 15.3.01, p.270 (ISS).
[584] Figures
relate to the situation as at December 2000. C-BERS has provided more recent
figures. See Submission No.54, p.16 (JLG).
[585] Submission
No.45, Additional Information, 22.5.01 p.1 (C-BERS).
[586] Committee Hansard, 16.2.01, p.142 (
C-BERS).
[587] Submission
No.45, Additional Information, 22.5.01 (C-BERS).
[588] Submission
No.46, p.3 (ACMF); Committee Hansard,
16.2.01, p.107,119 (ACMF).
[589] Submission
No.118, p.6.
[590] Submission
No.132, p.39 (CMT). See also Submission No.121, p.5.
[591] Submission
No.48, p.4 (ISS); Submission No.132, p.39 (CMT); Submission No.44, p.5 (CMFS).
[592] Submission
No.56, p.2 (Swanleigh).
[593] Committee Hansard, 22.3.01, pp.469-70
(Barnardos).
[594] Submission
No.48, p.4 (ISS); Submission No.132, p.39 (CMT).
[595] Submission
No.45, Additional Information, 4.5.01, p.2 (C-BERS).
[596] Submission
No.48, p.4 (ISS).
[597] Committee Hansard, 16.2.01, p.141
(C-BERS).
[598] Submission
No.45, p.3 (C-BERS).
[599] Committee Hansard, 16.3.01, p.299 (SA
Department of Human Services).
[600] Committee Hansard, 22.3.01, p.469
(Barnardos).
[601] Committee Hansard, 15.3.01, p.273 (ISS).
[602] Submission
No.132, p.39 (CMT).
[603] Submission
No.48, Additional Information, 5.6.01, p.1(ISS).
[604] Submission
No.56, p.2 (Swanleigh).
[605] Submission
No.48, Additional Information, 5.6.01, p.2 (ISS).
[606] Committee Hansard, 22.3.01, pp.469-470
(Barnardos).
[607] Committee Hansard, 22.3.01, p.470
(Barnardos).
[608] Committee Hansard, 16.2.01, p.118
(Professor Plowman).
[609] Submission
No.129, p.45 (IAFCM&F); Submission No.132, p.46 (CMT); Submission No.54,
p.18 (JLG). See also Submission No.30, p.5; Submission No.37, p.3; Submission
No.93, p.22; Submission No.110, p.2; Submission No.141, p.3.
[610] See,
for example, Committee Hansard,
16.2.01, p.72 (CMFS).
[611] Submission
No.32, p.46 (CMT); Submission No.129, p.45 (IAFCM&F).
[612] Submission
No.44, p.5 (CMFS).
[613] Submission
No.44, pp.5-6 (CMFS).
[614] Committee Hansard, 16.2.01, p.116
(ACMF).
[615] Submission
No.126, p.5.
[616] Committee Hansard, 16.2.01, p.81 (CMFS).
[617] Submission
No.44, p.6 (CMFS). See also Committee
Hansard, 16.2.01, p.72 (CMFS).
[618] Report
on a forum of Maltese former child migrants. See Submission No.45, Additional
Information, 4.5.01, p.3 (C-BERS).
[619] Committee Hansard, 16.2.01, p.148
(C-BERS).
[620] Committee Hansard, 16.2.01, p.148
(C-BERS).
[621] Submission
No.44, p.5 (CMFS). See also Submission No.25, p.2; Submission No.71, p.2;
Submission No.82, p.4.
[622] Committee Hansard, 16.2.01, p.109
(ACMF). See also Committee Hansard,
22.3.01, p.469 (Barnardos).
[623] Committee Hansard, 16.2.01, p.116
(ACMF).
[624] Submission
No.54, p.18 (JLG). See also Committee
Hansard, 15.3.01, p.278 (ISS).
[625] Committee Hansard, 22.3.01, p.497 (JLG).
[626] See,
for example, Committee Hansard,
16.2.01, p.75 (CMFS).
[627] Submission
No.44, Additional Information, 26.2.01, p.2 (CMFS).
[628] Committee Hansard, 16.2.01, p.109
(ACMF).
[629] Committee
Hansard, 6.6.01, p.22 (DIMA). For details on the funding of the CMT see
chapter 5.
[630] Committee Hansard, 15.3.01, p.279 (ISS).
[631] Submission
No.98, p.5 (NCH).
[632] Committee Hansard, 15.3.01, p.278 (ISS).
[633] Committee Hansard, 16.2.01, p.108
(ACMF).
[634] See,
for example, Committee Hansard, 16.2.01,
p.73.
[635] Submission
No.43, p.4 (Fairbridge Foundation); Submission No.136, p.1 (Fairbridge WA).
[636] Committee Hansard, 22.3.01, p.469
(Barnardos).
[637] Queensland
Government, Queensland Government
Response to Recommendations of the Commission of Inquiry into Abuse of Children
in Queensland Institutions, August, 1999, p.43.
[638] Committee Hansard, 15.3.01, p.270 (ISS).
See also Submission No.51, p.6 (CCWC); Submission No.98, p.5 (NCH).
[639] Committee Hansard, 15.3.01, p.270 (ISS).
See also Submission No.48, pp.4,7 and Additional Information, 5.6.01, p.2
(ISS).
[640] Committee Hansard, 15.3.01, p.278 and
Submission No.48, Additional Information, 5.6.01, p.2 (ISS).
[641] Committee Hansard, 15.3.01, p.279 (ISS).
[642] Committee Hansard, 6.2.01, p.22 (DIMA).
[643] Committee Hansard, 22.3.01, p.496 (JLG).
[644] Committee Hansard, 22.3.01, pp.497-98
(JLG).
[645] Submission
No.45, Additional Information, 4.5.01, p.2 (C-BERS).
[646] Committee Hansard, 15.3.01, p.259
(Broken Rites).
[647] Submission
No.54, p.11 (JLG).
[648] Submission
No.71, p.2.
[649] Submission
No.66, p.2.
[650] Submission
No.123, p.3.
[651] Submission
No.87, p.15.
[652] Committee Hansard, 15.2.01, p.57.
[653] Submission
No.45, p.2 (C-BERS). See also Submission No.54, p.11 (JLG).
[654] Committee Hansard, 22.3.01, p.470
(Barnardos).
[655] Submission
No.132, p.35 (CMT).
[656] Submission
No.97, p.4.
[657] Submission
No.110, p.1.
[658] Submission
No.132, p.18 (CMT).
[659] Submission
No.132, p.30 (CMT).
[660] Committee Hansard, 16.2.01, p.105
(ACMF).
[661] Committee Hansard, 16.2.01, pp.109, 114
(ACMF).
[662] Committee Hansard, 16.2.01, p.83.
[663] Submission
No.86, Additional Information.
[664] Submission
No.45, Attachment, p.1 (C-BERS).
[665] Committee Hansard, 22.3.01, p.470
(Barnardos).
[666] Submission
No.44, Additional Information, 17.2.01, p.4 (CMFS).
[667] Submission
No.45, Attachment, p.2 (C-BERS).
[668] Committee Hansard, 16.2.01, p.83.
[669] Submission
No.127, p.2 (SA Department of Human Services).
[670] Committee Hansard, 16.3.01, p.295 (SA
Department of Human Services).
[671] Committee Hansard, 16.3.01, p.295 (SA
Department of Human Services).
[672] Committee Hansard, 22.3.01, p.484 (JLG).
[673] Submission
No.129, p.34 (IAFCM&F).
[674] Committee Hansard, 16.2.01, p.148;
Submission No.45, p.2 (C-BERS).
[675] Committee Hansard, 16.2.01, p.71 (CMFS);
Committee Hansard, 26.3.01, p.556
(IAFCM&F).
[676] Submission
(Confidential).
[677] Submission
No.54, p.12 (JLG).
[678] Submission
No.54, p.12 (JLG).
[679] Committee Hansard, 15.2.01, p.40.
[680] Submission
No.44, p.6 (CMFS).
[681] Submission
No.129, Additional Information, 23.4.01, p.3 (IAFCM&F).
[682] Submission
No.45, p.2 (C-BERS).
[683] Submission
No.45, p.2 (C-BERS).
[684] Committee Hansard, 16.2.01, p.73 (CMFS).
[685] Submission
No.54, p.13 (JLG).
[686] Submission
No.51, p.4 (CCWC).
[687] Committee Hansard, 22.3.01, p.446
(Fairbridge Foundation).
[688] Submission
No.43, p.4 (Fairbridge Foundation).
[689] Submission
No.98, p.3 (NCH).
[690] Submission
No.48, p.3 (ISS).
[691] Committee Hansard, 21.3.01, p.418 (Qld
Department of Families).
[692] Submission
No.42, Additional Information, 9.4.01, p.1 (DIMA).
[693] Submission
No.44, p.9 (CMFS); Submission No.57, p.12 (Broken Rites).
[694] Submission
No.57, p.12 (Broken Rites); Submission No.44, Additional Information, 26.2.01,
p.2 (CMFS); Submission No.44, Additional Information, 17.2.01, p.6 (CMFS).
[695] Submission
No.57, Additional Information, 15.5.01, p.6 (Broken Rites). See also Committee Hansard, 15.3.01, pp.254-55
(Broken Rites).
[696] Clare,
B, Needs Survey - Accommodation Needs of
Former Residents of Christian Brothers’ Institutions in Western Australia,
May 1998; Committee Hansard, 22.3.01,
p.485 (JLG).
[697] Needs
Survey, pp.12-14,17.
[698] SAAP
is a joint Commonwealth-State program that provides recurrent funding to over
1200 agencies that provide services and assistance to people who are homeless
or in danger of becoming homeless.
[699] Needs
Survey, p.18.
[700] Needs
Survey, pp.18-19.
[701] Needs
Survey, p.19.
[702] Committee Hansard, 16.2.01, pp.76-77
(CMFS).
[703] Submission
No.57, Additional Information, 15.5.01, p.6 (Broken Rites).
[704] Committee Hansard, 15.3.01, p.257
(Broken Rites).
[705] Submission
No.57, p.12 (Broken Rites).
[706] Submission
No. 51, Attachment 1, p.4 (CCWC).
[707] Submission
No.44, Additional Information, 26.2.01, p.2 (CMFS).
[708] Committee Hansard, 16.2.01, pp.77,85
(CMFS); Committee Hansard, 15.3.01,
p.257 (Broken Rites).
[709] Committee Hansard, 16.2.01, p.77 (CMFS).
[710] Information
provided by the Parliamentary Library.
[711] Submission
No.44, Additional Information, 26.2.01, p.2 (CMFS).
[712] Committee Hansard, 22.3.01, p.472
(Barnardos).
[713] Committee Hansard, 15.3.01, p.257
(Broken Rites).
[714] Submission
No.15, p.4 (Dr Coldrey); Committee
Hansard, 15.3.01, p.222 (Dr Coldrey); Committee
Hansard, 22.3.01, p.512 (Mr Gill).
[715] Committee Hansard, 15.3.01, p.222
(Dr Coldrey).
[716] Letter
from the Christian Brothers to the Committee, dated 8.5.01.
[717] Committee Hansard, 16.2.01, p.143
(C-BERS).
[718] Letter
from the Christian Brothers to the Committee, dated 8.5.01.
[719] Submission
No.129, p.41(IAFCM&F). See also Submission No.40, pp.2-3; Submission No.74,
p.1.
[720] Submission
No.74, p.1.
[721] Submission
No.126, p.5.
[722] Letter
from FaCS to the Committee, dated 21.5.01, p.2.
[723] Letter
from FaCS to the Committee, p.2.
[724] Letter
from FaCS to the Committee, p.2.
[725] Joint
Standing Committee on Treaties, Termination
of the Social Security Agreement with the United Kingdom, Report No 27, December 1999, p.8.
[726] Letter
from FaCS to the Committee, p.2.
[727] Treaties
report, p.11.
[728] Letter
from FaCS to the Committee, p.2.
[729] Submission
No.129, p.41(IAFCM&F). See also Submission No.132, p.4 (CMT).
[730] An
‘entitled person’ is defined as - a women who has been an Australian resident
for a period of at least 10 years; and a women in receipt of a widow B pension.
See letter from FaCS to the Committee, pp. 2-3.
[731] Letter
from FaCS to the Committee, p.3.
[732] Submission
No.44, Additional Information, 26.2.01, p.4 (CMFS).
[733] Submission
No.129, p.46 (IAFCM&F). See also Submission No.74, p.1.
[734] Submission
No.126, p.5. See also Submission No.74, p.1.
[735] Committee Hansard, 15.2.01, p.35; Committee Hansard, 15.2.01, p.54. A
number of child migrants received remedial education from the Army.
[736] Committee Hansard, 26.3.01, p.563
(IAFCM&F).
[737] Committee Hansard, 16.2.01,
p.141(C-BERS).
[738] Committee Hansard, 16.2.01, p.141
(C-BERS).
[739] Submission
No.136, p.2 (Fairbridge WA); Committee
Hansard, 16.2.01, p.122 (Fairbridge WA).
[740] Queensland
Government, Queensland Government Response to Recommendations of the Commission of
Inquiry into Abuse of Children in Queensland Institutions, August 1999,
p.43; Committee Hansard, 21.3.01,
p.416 (Queensland Department of Families).
[741] Committee Hansard, 16.3.01, pp.296-97
(SA Department of Human Services).
[742] Committee Hansard, 22.3.01, p.502 (JLG).
[743] Submission
(Confidential).
[744] Submission
No.95, p.36.
[745] Committee Hansard, 15.2.01, p.57.
[746] Queensland
Law Reform Commission, Review of the
Limitation of Actions Act 1974 (Qld), Report No.53, September 1998, p.160.
[747] Law
Reform Commission of Western Australia, Report
on Limitation and Notice of Actions, Project No35, Part II, January 1997,
p.238.
[748] Committee Hansard, 6.2.01, pp.24, 26
(DIMA).
[749] Committee Hansard, 15.3.01, p.249
(Broken Rites).
[750] Submission
No.146, Additional Information, p.1 (Qld Government).
[751] Gill,
A, Orphans of the Empire: the shocking story of child migration to
Australia, Random House, 1998, pp.757, 759.
[752] Committee Hansard, 15.2.01, pp.41-42.
[753] Committee Hansard, 15.2.01, p.52.
[754] Submission
(Confidential).
[755] Committee Hansard, 15.3.01, p.263
(Broken Rites).
[756] Submission
No.50, Additional Information, 3.5.01 p.1 (Barnardos).
[757] Committee Hansard, 15.2.01, pp.48-49.
[758] Marfording,
A, ‘Access to justice for survivors of child sexual abuse’, Torts Law Journal, 1997 (5) p.247.
[759] Committee Hansard, 15.3.01, p.222 (Dr
Coldrey); Committee Hansard, 22.3.01,
p.512 (Mr A Gill).
[760] Submission
No.129, p.41. (IAFCM&F).
[761] House
of Commons Health Committee Report of its Inquiry into the Welfare of Former
British Child Migrants, paragraph 111.
[762] Australian
Government Response to the British Government Response to the Recommendations
of the British House of Commons Health Committee’s Report of its Inquiry into
the Welfare of Former British Child Migrants, Recommendation: paragraph 111:
compensation.
[763] Submission
No.135, p.15 (WA Department for Family and Children’s Services).
[764] Submission
No.57, Additional Information, 15.5.01, p.3 (Broken Rites).
[765] Committee Hansard, 15.3.01, p.263
(Broken Rites).
[766] Submission
No.57, Additional Information, 15.5.01, p.4 (Broken Rites).
[767] Gill,
A, Orphans of the Empire, pp.767,
778-82.
[768] Committee Hansard, 15.2.01, p.49.
[769] Gill,
A, Orphans of the Empire, p.781.
[770] Submission
No.95, p.37.
[771] Gill,
p.784.
[772] Committee Hansard, 22.3.01, p.484 (JLG).
[773] Submission
No.118, p.5.
[774] Submission
No.50, p.3 (Barnardos).
[775] Submission
No.82, p.3.
[776] See,
for example, Submission No.50, p.6 (Barnardos); Committee Hansard, 22.3.01, p.530.
[777] Healing: A Legacy of Generations, Report
by the Senate Legal and Constitutional References Committee, November 2000,
pp.111-112.
[778] Submission
No.42, p.39 (DIMA).
[779] Submission
No.42, pp.39-40 (DIMA).
[780] See
Appendix 7.
[781] Submission
No.135, p.14 (WA Department for Family & Children’s Services).
[782] Queensland
Government, Queensland Government
Response to Recommendations of the Commission of Inquiry into Abuse of Children
in Queensland Institutions, August 1999, p.41.
[783] Apology
cited in Submission No.146, p.4 (Queensland Government).
[784] The
statement of apology was published in The
Australian and The West Australian on
3 July 1993. It is cited in Gill, A, Orphans
of the Empire, Random House, Sydney, 1998, p.745. The full text of this
statement of apology is in Appendix 7.
[785] Submission
No.54, p.17 (JLG).
[786] Submission
No.44, p.44 (CMFS).
[787] Submission
No.118, p.3
[788] Submission
No.118, p.5
[789] Committee Hansard, 22.3.01, pp.483-44
(JLG).
[790] Committee Hansard, 22.3.01, p.504 (JLG)
- emphasis added.
[791] Committee Hansard, 22.3.01, p.485 (JLG).
[792] House
of Commons, Health Committee, The Welfare
of Former British Child Migrants, HC 755, Session 1997-98, para. 118.
[793] UK
Government Response to the Third Report from the Health Committee, Session 1997-98,
pp.2-3.
[794] Submission
No.54, p.19 (JLG). See also Submission No.44, p.7 (CMFS); Submission No.15, p.4
(Dr Coldrey).
[795] Submission
No.44, p.7 (CMFS).
[796] Submission
No.44, p.7 (CMFS).
[797] Submission
No.44, p.7 (CMFS).
[798] Submission
No.129, p.40 (IAFCM&F). See also Committee Hansard, 26.3.01, p568
(IAFCM&F)
[799] Submission
No.54, p.17 (JLG).
[800] Submission
No.15, p.4 (Dr Coldrey). See also Committee
Hansard, 15.3.01, pp.222,235 (Dr Coldrey).
[801] Committee Hansard, 22.3.01, p.512 (Mr
Gill).
[802] Submission
No.123, p.4.
[803] Submission
No.73, p.2.
[804] Submission
No.82, p.3.
[805] Submission
No.76, p.3.
[806] See
Submission No.142, p.2; Submission No.114, p.3.
[807] Committee Hansard, 22.3.01, p.530.
[808] Submission
No.142, p.2.
[809] Submission
No.148, p.4 (Dr M Fox).
[810] Submission
No.29, p.3; Submission No.73, p.2; Submission No.120, p.3; Submission No.141,
p.3.
[811] Submission
No.148, p.5 (Dr M Fox).
[812] Submission
No.73, p.2.
[813] Committee Hansard, 26.3.01, p.568
(IAFCM&F)
[814] Submission
No.54, p.17 (JLG).
[815] Submission
No.54, pp.17-18 (JLG).
[816] Submission
No.50, p.6 (Barnardos).
[817] Submission
No.46, pp.5-6 (ACMF).
[818] Committee Hansard, 15.3.01, p.264
(Broken Rites).
[819] Committee Hansard, 15.3.01, p.264
(Broken Rites).
[820] Committee Hansard, 21.3.01, p.359.
[821] Submission
No.9, p.6.
[822] Submission
No.43, p.6 (Fairbridge Foundation).
[823] Submission
No.122, p.5 (Home Children Canada).
[824] Submission
No.50, p.6 (Barnardos).
[825] Submission
No.28, p.3.
[826] Submission
No.22, p.2.
[827] Submission
No.89, p.1.
[828] Committee Hansard, 22.3.01, p.465 (CLAN).
[829] Submission
No.82, p.4.
[830] Submission
No.123, p.4.
[831] Submission
No.127, p.7 (SA Department of Human Services).
[832] Committee Hansard, 16.3.01, p.289 (SA
Department of Human Services).
[833] Committee Hansard, 16.2.01, p.123
(Fairbridge WA); Committee Hansard,
22.3.01, p.472 (Barnardos); Committee
Hansard, 22.3.01, p.520 (Professor Sherington).
[834] Submission
No.44, p.8 (CMFS) - emphasis added.
[835] Committee Hansard, 16.2.01, p.123
(Fairbridge WA).
[836] Submission
No.129, p.42 (IAFCM&F).
[837] Submission
No.37, p.4.
[838] Submission
No.129, p.42 (IAFCM&F).
[839] Committee Hansard, 26.3.01, p.566
(IAFCM&F). See also Submission No.10, pp.1-2.
[840] Committee Hansard, 26.3.01, p.566
(IAFCM&F).
[841] Submission
No.44, p.9 (CMFS).
[842] Submission
No.36, p.6.
[843] Submission
No.136, Additional Information, 27.4.01 (Fairbridge WA).
[844] Submission
No.122, pp.16-17 (Home Children Canada).
[845] Submission
No.122, Additional Information, 25.8.01 (Home Children Canada).
[846] Submission
No.132, p.46 (CMT).
[847] Submission
No.132, p.46 (CMT); Submission No.129, p.46 (IAFCM&F).
[848] Submission
No.122, p.17 (Home Children Canada).
[849] Submission
No.132, p.46 (CMT); Submission No.129, p.46 (IAFCM&F); Committee Hansard, 26.3.01, p.587 (CMT). See also Submission
No.123, p.5.
[850] Submission
No.52, p.4 (Child Migrants’ Sending Agencies Group).
[851] Submission
No.52, p.4 (Child Migrants’ Sending Agencies Group).
[852] The
information in this appendix has been derived from a number of sources: the
Queensland Law Reform Commission report, Review
of the Limitation of Actions Act 1974, Marfording, A, ‘Access to justice
for survivors of child sexual abuse’, Torts
Law Journal, (1997) 5, pp.221-54, the Department of Immigration and
Multicultural Affairs, and the Department of the Parliamentary Library.
[853] For
example, criminal proceedings are specifically excluded from the Limitation Act 1981 (NT), section
6(3)(b) and from the Limitation of
Actions Act 1974 (Qld), section 6(3)(a).
[854] A
tort is a civil wrong.
[855] A
secondary offence.
[856] A
‘simple offence’ is defined in section 4 as any offence, indictable or
otherwise, punishable on summary conviction by a fine, imprisonment or otherwise.
[857] A
‘simple offence’ is defined in section 4 as an offence for which a person may
be imprisoned or fined or both but does not include a minor indictable offence
which can only be heard and determined in a summary way.
[858] A
‘simple offence’ is defined in section 4 as any offence, indictable or not,
punishable on summary conviction by a fine, imprisonment or otherwise.
[859] A
‘breach of duty’ is defined in section 4 as any act or omission (not a simple offence or non-payment of a mere debt)
on complaint of which a magistrate can order the payment of money or make an
order for a person to do or not do an act.
[860] South
Australian statutes may provide that a minor offence can be expiated by payment
of a fine after a person has been served with an expiation notice. An example
of an expiable offence in South Australian law is a minor cannabis possession
offence.
[861] A
‘simple offence’ is defined in section 3 as any offence, indictable or not,
punishable on summary conviction before a justice by a fine, imprisonment or
otherwise.
[862] A
‘breach of duty’ is defined in section 3 as any act or omission (not being a
simple offence) on complaint of which a justice can make an order for the
payment of money or for the doing or not doing of an act.
[863] ‘$2.5m
payout over school punishment’, The Age,
15 February 2001. On 15 February 2001, the NSW Supreme Court (Wood CJ) granted
the defendants a stay of execution pending their lodgement of an appeal.
[864] Cases
involving claims of sexual and physical abuse perpetrated by the Christian
Brothers in Christian Brothers institutions in the late 1940s and early 1950s.
[865] BC9501687,
unreported, 12 October 1995, per Cole JA at 22.
[866] Review
of Commonwealth Criminal Law. Interim
Report. Principles of Criminal Responsibility and Other Matters, July 1990,
p.293.
[867] I
have not checked the situation in all States and Territories.
[868] Modern
criminal statutes contain formulae for converting periods of imprisonment to
fines.
[869] Of
course, in general, ie unless provided for by statute unincorporated
associations cannot be prosecuted but their members can be. Fox.
[870] RG
Fox, Victorian Criminal Procedure 2000.
State and Federal Law, p.12.
[871] ibid,
p.12.
[872] For
an Australian case, see R v. Denbo Pty Ltd (1994) 6 VIR 157 (SC) where a
corporation pleaded guilty to manslaughter.
[873] B
Fisse, Howard’s Criminal Law, 5th
ed, Law Book Company, Sydney, 1990, pp.608-9.