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Forced adoption redress scheme should be nationwide: ALA
A Victorian redress scheme to assist the women and their children who were affected by historical forced adoptions should be picked up by other states and territories to acknowledge their role in the harm, Australian Lawyers Alliance said.
Naomi Neilson
Victorian Premier Daniel Andrews has announced that more than $4 million has been set aside for a redress scheme to support those affected by “quite awful, abhorrent practices” relating to forced adoption in the mid-1950s and up to the 1980s.
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Part of the funds will support crisis counselling and will assist with integrating birth certificates with both adopted and natural parents’ names included. While the scheme is being designed, $700,000 has been allocated as an interim measure.
Affected mothers facing exceptional circumstances can also access part of a $500,000 fund that will provide discretionary payments, while another $200,000 will be allocated to community groups that will assist the women and children involved.
Commenting on the scheme, Australian Lawyers Alliance (ALA) national spokesperson Greg Barns SC said: “The abuse that occurred in hospitals, religious organisations and other charities has scarred these women and children for life.
“The sorts of practices that occurred were horrific and, even by the standards of the times, amounted to assault, duress and other breaches of the law.”
The state government’s response to an inquiry into the issue, tabled in Parliament last week, made 56 recommendations to address the “immeasurable pain” from the separation of thousands of mothers and their babies through unethical means.
Some of those means included sending mothers to maternity homes with harsh conditions, forcibly restraining mothers when they gave birth, immediately separating the newborn babies and mothers “often against their will”, and pressuring or coercing the mothers into signing consent forms to give up their child.
Mr Barns said ALA welcomes Victoria’s decision to recognise the hurt and suffering that forced adoption caused and provide financial recompense and other support.
“A redress scheme allows victims who don’t wish to pursue a lawsuit to receive compensation without having to prove negligence or participate in potentially extended legal action,” Mr Barns explained. “Many mothers who suffered from these adoption practices are now in the 60s and 70s and have been waiting too long already for their suffering to be fully acknowledged.
“Other states and territories must follow Victoria’s lead and develop redress schemes to financially acknowledge the serious harm caused by forced adoption.”
