On 5 August 2021 the Federal Government announced a $378.8 million Redress Scheme for members of the Stolen Generation who were removed from their families in the Northern Territory, Australian Capital Territory or Jervis Bay Territory.
The Territories Stolen Generations Redress Scheme (“the Scheme“) will offer:
- A one off payment of $75,000 to members of the Stolen Generation who were removed from their families in the Northern Territory, Australian Capital Territory prior to their self government or Jervis Bay Territory as children.
- A one off healing assistance payment of $7,000 recognising that “the action to facilitate healing” will be different for individuals.
- The opportunity to confidentially tell their story about the impact of your removal to a senior official within the Government, have their story acknowledged and receive a face-to-face or written apology for their removal and resulting trauma (also known as a direct personal response).
Applications will open for the Scheme on 1 March 2022. Applications must then be submitted by 28 February 2026.
We strongly encourage anyone who was removed from their family in the Northern Territory prior to 1 July 1978, Australian Capital Territory prior to 6 December 1988 or Jervis Bay Territory to make an application after 1 March 2022. If you are unsure whether you are eligible seek advice from support services offered by the Scheme or contact us.
Once applications close in 2026 the opportunity to apply for compensation through the Scheme will be lost.
Eligibility
The National Indigenous Australians Agency (“NIAA“) who will manage the Scheme sets out the following eligibility criteria:
To be eligible for the Scheme, potential applicants must be:
- An Aboriginal and/or Torres Strait Islander person,
- under the age of 18 years at the time they were removed from their family by government bodies (including the police), churches/missions and/or welfare bodies, and in circumstances where their indigeneity was a factor in their removal, and
- removed whilst living in the Northern Territory or the Australian Capital Territory prior to their respective self‑government or the Jervis Bay Territory.
If a Stolen Generations member passes away between 5 August 2021 and 1 March 2022, their family or estate will be able to submit an application on their behalf.
A legally appointed Guardian or Power of Attorney can apply on behalf of an applicant if the applicant is unable to.
You may also be eligible for the National Redress Scheme for people who have experienced institutional child sexual abuse (“NRS“). See our article about the NRS for more information.
What can I do if I was removed from my family in South Australia?
If you were removed from your family in South Australia you will not be eligible for this Territories Scheme but you may be able to make a civil claim in South Australia. Please contact our Associate lawyer, Leonora Herweijer at lh@cllegal.com.au or on 08 8410 0211 for further information and advice.
Legal advice and support services
Support services offering free and confidential legal advice, financial counselling and other support services will be available as part of the Scheme. We will add the details of these support services here when they become available.
We strongly recommend that if you make an application to the Scheme and receive an offer for compensation you seek legal advice through the support services available or from a private lawyer before accepting that offer.
If you would like to speak to one of our lawyers about making an application to the Scheme or in relation to any Stolen Generation matter, please contact our Associate lawyer, Leonora Herweijer at lh@cllegal.com.au or on 08 8410 0211.
