Adoption in Australia

ADOPTION LAWS

TOPIC 3.3 | Australian Government response to the Senate Inquiry Recommendations

The following report was compiled by the Forced Adoptions implementation working group

December 2014

Full Report Here

PREFACE

This is the final report of the Commonwealth Government’s Forced Adoptions Implementation Working Group. It makes recommendations on the implementation of the recommendations contained in the Senate Report Commonwealth Contribution to Former Forced Adoption Policies and Practices tabled on 29 February 2012 and the former Government’s formal response to that report tabled on 21 March 2013. The final report also makes recommendations with regard to policies in the areas of domestic and inter-country adoption and surrogacy.

The National Apology to people affected by forced adoption delivered by the former Prime Minister, the Honourable Julia Gillard MP, on 21 March 2013 and supported across the whole political spectrum has been generally regarded as being a cathartic event by people affected by forced adoption. However, as frequently noted, an apology is “only words” if it is not supported by concrete measures. The recommendations of the Senate Report, the former Government’s response and the work of the Working Group together with large numbers of organisations and individuals throughout the community give practical voice and effect to ensuring that the National Apology was not “only words”.

This report is the conclusion of more than 18 months’ work in the implementation of the concrete measures. That work includes consultations across the country with hundreds of people and organisations who have been instrumental in bringing forced adoption policies to the attention of the community. Pre-eminent in those consultations have been people who have been affected both directly and indirectly by forced adoption. Understandably, they have found it very difficult to speak about their experiences and are to be congratulated for their strength and courage in doing so.

The Forced Adoptions Implementation Working Group worked with the Department of Social Services, the Department of Health, the National Archives of Australia, the Attorney-General’s Department and a range of adoption stakeholders to fulfil its role of advising on all matters of the Senate’s recommendations and the Government response.

This included extensive consultations with stakeholders across Australia undertaken by the Chair in order to gain their perspectives on how the Senate Report recommendations could be implemented to best assist those affected by forced adoption. It also included advice provided by the Working Group to:
- the Department of Health in relation to enhancing access to mental health services for people affected by forced adoption, the preparation of a fact sheet to assist professionals understand relevant issues, tender documents to seek applicants to develop training and guidelines for professionals and the development and delivery of guidelines and training for mental health professionals;
- State and Territory Ministers regarding the need for an integrated birth certificate to be made available to persons affected by forced adoption and issues affecting access to records;
- the Department of Social Services regarding improving access to specialist services, peer and professional counselling and the development of tender documentation for the scoping study and applications for funding;
- the National Archives of Australia in relation to the development of the Forced Adoption History Project website and upcoming launch of the exhibition;
- the Inter-Departmental Committee on Inter-Country Adoption; and
- the Commonwealth Parliament’s Joint Standing Committee on Electoral Matters.
The Working Group’s work with the Departments, the National Archives and community stakeholders while collegial, was challenging at times due to the complex range of issues associated with providing effective services to people affected by forced adoption. The Group’s input on the whole was well received and contributed to the development of well-targeted resources and services and the enhancement of existing ones. However, despite the best efforts of all involved, it was not possible to achieve desired outcomes in an optimal timeframe in all instances. Recommendations made in this report address timeliness where this is an issue.

This report would be incomplete without acknowledging those people who have been affected by forced adoption who have been members of the Working Group. Some of them were also members of the former Forced Adoptions Apology Reference Group. At every meeting they have been required to consider, discuss and make decisions on forced adoption policies which have been very challenging and, at times, confronting. Their contributions to this work has been exemplary.

The work of the Senators who sat on the Senate Committee, the Forced Adoptions Apology Reference Group and the Forced Adoptions Implementation Group has also been of the highest standard. The collegiality and common purpose which has extended across party lines has been greatly beneficial to all who have been affected by forced adoption. The Report which they and their colleagues produced is an outstanding document and should be compulsory reading for anyone who seeks to understand these terrible events in our nation’s history.

The members of the Forced Adoptions Implementation Working Group are proud and grateful to have had the opportunity to make a contribution to the implementation of policies and programs directed to people affected by forced adoption. We look forward to the Government’s ongoing commitment to these important initiatives.

Australian Government response to the Senate Community Affairs References Committee Report:

Commonwealth Contribution to Former Forced Adoption Policies and Practices

Full Response Here

Introduction

The Australian Government welcomes the Senate Community Affairs References Committee's report on the Commonwealth's Contribution to Former Forced Adoption Policies and Practices (the Report). The Australian Government thanks the Committee members for their efforts in bringing to light widespread practices that resulted in the forced separation of countless mothers from their babies.

Forced adoption policies and practices were widespread throughout Australia, particularly during the period from the 1950s to the early 1970s. An estimated 140,000 to 150,000 adoptions occurred in Australia between 1951 and 1975. Many of the babies were born to unwed mothers. The shame and silence that surrounded pregnancy out of wedlock meant that these mothers. were viewed as 'undeserving' and their babies removed and given to married couples.

The number affected by forced adoption practices is even greater when one includes adoptees, fathers and extended family members. The Committee highlighted the ripple effect through families of practices that were unethical and in many cases illegal.

The wealth of evidence submitted to the Committee can leave no doubt that many were treated appallingly. Mothers were not informed of their rights, did not provide informed consent, were given false assurances, denied care and support and endured pressure, mistreatment and coercion. Mothers were left feeling stigmatised and disempowered.

Many of those adopted and removed recounted damaging and painful experiences of their childhoods, and ongoing struggles with self-identify, mental and physical health, and seeking to meet or build a relationship with their parents.

The Committee provides a number of insights into the ongoing nature of the trauma caused by forced adoption, and the consequent need for specific counselling services by well-trained and experienced professionals.

The compelling testimonies to the Committee from those affected tell a moving story of the pain and suffering many experienced and continue to experience; of the life-long impacts that they, and their families, continue to endure.

The Australian Institute of Family Studies (AIFS) National Research Study on the Service Response to Past Adoption Practices, found that mothers had a higher than average likelihood of suffering from a mental health disorder compared to the general population.

In addition, the AIFS study found that the longer-term effects of adoption (both positive and negative) were significant for many adoptees, with those surveyed having lower levels of well-being and higher levels of psychological distress when compared to Australian population estimates. Many had issues associated with attachment, identity, abandonment and the parenting of their own children.

Central to the Australian Government's response to the Committee's report is the national apology to the people affected by forced adoption. The apology will be delivered by the Prime Minister on behalf of the nation on 21 March 2013.

The apology is offered as a significant step in the healing process for those affected. It will also help the community understand the experiences of those affected and the lifelong pain and suffering many continue to endure.

The Australian Government recognises the importance of concrete measures to accompany the national apology as part of the national framework to address the consequences of forced adoption. It has allocated $11.5 million over the next four years for concrete measures to assist those affected by forced adoption practices as part of its response to the recommendations contained in the
Senate Report. These measures will provide further support to those affected.

The Australian Government will provide $5 million to improve access to specialist support services, peer and professional counselling support and records tracing support for those affected by forced adoptions. It will also provide $5 million for the development of guidelines and training materials for mental health professionals to assist in the diagnosis, treatment and care of those affected by forced adoption practices and increase the capacity of the Access to Allied Psychological Services (ATAPS) program to deliver psychological services to this target group in the immediate post apology period, while specialist support and counselling services are being established.

The Australian Government has provided funding of $1.5 million to the National Archives of Australia to deliver a Forced Adoption Experiences History Project. This will include an exhibition to increase awareness and understanding of the experiences of individuals affected by forced adoption practices and a website to identify and share stories of experiences.

The Australian Government will continue to work with the states and territories to address these issues, in particular through the Standing Council on Community and Disability Services and senior officials represented by the Standing Council on Community and Disability Services Advisory Council.

The Government acknowledges the shameful mistakes of the past and is committed to ensuring that all those affected by forced adoption practices have access to sufficient support and counselling services and improved access to information and records.

As of today adoptees and mothers still feel as though not enough has been done to right the wrongs of the past, and inadequate discriminatory laws still remain in place. It seems as though the government is intentionally silencing those affected and perpetuating a culture of silence around the issue in order to keep the truth from public knowledge.