There is a concerning trend of Aboriginal children coming into contact with the criminal justice system and being removed from their families in Western Australia (WA), as reported by an international human rights delegation.
The United Nations (UN) Expert Mechanism on the Rights of Indigenous Peoples recently visited Perth, Albany, and Geraldton in October at the invitation of the Noongar Family Safety and Wellbeing Council. Following their visit, the UN body has recommended several actions for the WA government. These include raising the age of criminal responsibility from 10, establishing a dedicated First Nations children’s commissioner, and expanding the Dandjoo-Bidi-ak therapeutic court being piloted at Perth’s Children’s Court.
As of June 30, 2021, approximately 19,500 Indigenous children were in out-of-home care in Australia, with a rate of 58 per 1000 Indigenous children, which is significantly higher than non-Indigenous children. In WA, the disproportion is even more pronounced, with Indigenous children being 19.1 times more likely than their non-Indigenous peers to be in out-of-home care.
Hannah McGlade, a human rights lawyer and board member of the Noongar Family Safety and Wellbeing Council, emphasized the importance of addressing intergenerational trauma and systemic disadvantages to prevent further harm to Aboriginal children and families.
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Dr. McGlade stressed the importance of addressing systemic racism and prejudice within the child protection systems to ensure cultural safety for Indigenous families. She highlighted the need for a community-centric and self-determined approach to support Indigenous children and reduce their over-representation in care.
The UN report echoed these concerns, emphasizing the need for culturally appropriate care facilities and the prevention of abuse faced by Indigenous children in alternative care. It also emphasized the importance of addressing the high proportion of Indigenous children in contact with the criminal justice system.
Dr. McGlade urged the WA government to implement the recommendations provided by the UN expert mechanism, including the establishment of a specific Indigenous children’s commissioner, a measure already in place in other jurisdictions. She emphasized the harmful impact of the current crisis-focused approach that leads to the removal of children.
Child Protection Minister Sabine Winton acknowledged the significance of the over-representation of Aboriginal children in out-of-home care and stated that the state government is considering the expert panel’s recommendations. She reiterated the government’s commitment to addressing this issue through Aboriginal-led approaches that prioritize the safety and well-being of children while empowering families and communities.
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