Public Servants Beware

The apology to the Stolen Generation has been discussed by so many that almost every point that could be made has been. There is one area that hasn't had much coverage though and I think it is worth putting down a few words.

First though, I am very pleased that the apology has finally been made by the Australian Parliament. It will draw a line under a history that we can not be proud of and let us start to deal with the outcomes in a serious and respectful way - with any luck.

But, just for the moment let me put the people who were taken to one side and focus on the takers.

I had the task some years ago of preparing a submission to the inquiry that generated the Bringing Them Home report. It was a formal document and had to be accurate. I had access to a range of material including a lot from the Australian Archives. A lot of what I found has been talked about, some of it is available to the public but I don't think that is the case with it all. I guess, if I felt that I could speak frankly, I could put the lie to a lot of the rubbish that I have seen in the commentary. The habits of 37 years are hard to break though. And people wouldn't believe me anyway.

It was interesting as a sidelight in this work to consider the position of the public servants involved. These people were mainly police and welfare workers although a few nurses were also involved on occasion. I was able to talk directly to some of the people that had been involved during the 50's and into the 60's and even to one bloke who had been involved before WWII.

The law that was in place at the time and the policy on which it was based required that children of mixed race marriages be taken and placed in care. Public servants were required to do the job and, pursuant to the same requirements that exist today, they carried out their duties.

I came across a file that dealt in some part with policy issues. On it I found a document that had been prepared by a group of patrol officers working for the (then) Native Welfare Branch in the early 50's. These men were arguing that the policy was wrong and should be changed. If I recall the argument properly, and I have no copy - that would be illegal - the men put forcefully that the basis of the policy was completely wrong, that race was not and should not be an issue but that if children, any children, were in danger then they should be taken. The submission included examples of mixed race families who cared well for their children.

The submission did not get much of a run in the large Commonwealth Department. However, these blokes were obviously fired up so they eventually sent it direct to the Minister. There ends the story on the file.

I did get a chance to talk to one of the men who was still alive and prepared to talk.

They were not all sacked or disciplined but, in those days, and possibly in these, this type of behaviour is at least 'courageous', particularly when carried out by officers who are a long way down the pecking order. They were, after all, operational people far removed from the seat of power in the Commonwealth. They were not 'expert' and nor could they be expected to know all of the nuances of academic thinking that supported the policy position that they were required to enforce.

Not all of their colleagues supported the stand taken. Most of their colleagues in the system did what they were told. It is interesting though that, increasingly, purely race based seizures began to stop. Children were still removed but the cases for those removals were based on the needs of the child and the lack of care it was receiving in its home rather than on the race of the child. This had the effect of seeing a greater proportion of 'full blood' Aboriginal children taken whereas previously it was primarily mixed race children taken.

It wasn't until 1984, shortly following self-government for the NT, that the old Commonwealth Ordinance was overtaken by legislation that required that any Aboriginal child taken by welfare officers by fostered or adopted by Aboriginal families wherever possible.

The issues in this area are a minefield for those who make the laws but, I respectfully suggest, are much more so for those who must administer them. We now have welfare officers that are so worried about being labeled 'child stealers' that they leave kids in what can turn out to be dangerous situations. Where they do take kids they have great difficulty finding places for them where they will receive necessary care. Seventy percent of the population in the NT should not be fostering or adopting Aboriginal kids. Maintaining families is a priority.

If you are a public servant in the system working in the community at close to the bottom of the pecking order and you believe the system is wrong today then what are your options? Put your views up through the system, go public in the media, write to a politician or simply walk away. Not too different to the options 5o years ago.

I was a public servant for a long time. Over that time I was often in a position where I objected to or disagreed with a decision made although, as time went on, I had more opportunity to put my views and have them given a hearing. My job was still on the line on occasion and I can empathise to a degree with the position that those patrol officers were in back in the '50s.

The way to fix the system of course is to have legislators make better policy. That, in turn, requires that the community be better informed about issues and consequences.

Better get on with it.