In this interim phase where your child could be removed, your child can get their Aboriginality confirmed by the NSW Department of Communities and Justice (DCJ) presenting evidence before the Court, and the Court making the decision.
How do families get their ‘urgent’ requests reviewed?
There is no current DCJ policy on identifying children as Aboriginal and Torres Strait Islander. A team in DCJ, called the Transforming Aboriginal Outcomes (TAO), are currently working on making this policy. In 2024, Minister Kate Washington (the Minister for Families and Communities and Disability Inclusion) ordered DCJ to pause making changes to the Indigenous status of children and young people on their database until this new policy is put in place. The new policy will also cover the processes for correcting misidentification by DCJ.
While this is happening, there is an interim process for reviewing urgent requests for changes to Indigenous Status (such as a misidentification of a child or young person as Aboriginal), where there is sufficient evidence that a child or young person has been misidentified or de-identified. All of these requests require approval by senior Aboriginal leaders in DCJ and the opinion of an Aboriginal Community Controlled Organisation (ACCO) from the child or young person’s community to support or not support a recommendation for correcting a misidentification. This interim process plans to include things like further assessment, cultural assurance checks, approval by senior Aboriginal leaders in DCJ and will involve local Aboriginal Community Controlled Organisations (ACCOs) in the child’s community, in any final decisions.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
