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Landmark stolen generations class action settles for $50m
A historic settlement has been reached for the landmark Northern Territory class action, in what has been called “an important step forward in the healing process”.
Lauren Croft
More than 1,700 family members and deceased estates of the Northern Territory stolen generations have reached a historic $50.45 million settlement with the Commonwealth government. The class action covers survivors of the Northern Territory stolen generations who were removed before 30 June 1978, plus certain family members and deceased estates of both those groups.
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The class action was originally launched by Shine Lawyers in April 2021, following extensive consultation with affected Northern Territory community members.
At the time, the firm estimated that between 4,000 and 6,000 Northern Territory members of the stolen generations were eligible to register for the claim.
The Commonwealth then announced the Territories Stolen Generations Redress Scheme, providing compensation and other support for the stolen generations survivors. However, the Redress Scheme does not cover deceased estates of members of the stolen generations; living carers or siblings of children who were removed (Kinship Group Members); or deceased estates of Kinship Group Members.
If the class action settlement is approved by the Supreme Court, the living members of the stolen generations will retain access to the Redress Scheme but separate compensation will now be available to those additional groups.
The lead plaintiff in the case, stolen generations survivor Eileen Cummings, said the settlement reflected the generational trauma caused by the Commonwealth’s decades of removing First Nations people from their families.
“Nothing will ever give us back the connections which were broken as a result of stolen generations, but this is an important step forward in the healing process,” she said.
Shine’s head of class actions Jan Saddler said the class action settlement recognised that family members suffered as well as the stolen generations themselves.
“Forcibly removing children from their homes was like a sledgehammer, smashing families apart,” she said.
“It was important that this settlement reflected just how far-reaching the damage extended.”
Litigation Lending Services (LLS) director and Aboriginal leader Warren Mundine acknowledged that monetary compensation could only offer some solace to the families affected by child removals.
“These were people who had been separated from their families, losing contact with their culture. They were deprived the chance to raise their biological children, their siblings and extended family. Many of them suffered terrible injustice and treatment. I have heard first-hand their stories and felt their sadness. Their stories brought tears to my eyes. This day is a great day,” he said.
“We could never ever compensate these people for what happened, but this settlement helps with the healing process and hopefully will ensure this never happens again. I commend the government for what they have done today after decades of successive governments ignoring these people. This government has embraced reconciling past injustices and their actions will make a massive difference in these people’s lives.”
