Chapter 7, Caught in the Act, New South Wales Government Acts of Bastardry Against Aboriginal People 1788-2005, Kathy Stavrou 2005

In seven Acts, Carruthers (Liberal-Reform), Wade Liberal: Charles Gregory WADE, Premier, 02.10.07 - 20.10.10

(Liberal), McGowan Labor Government James Sinclair Taylor McGOWEN, Premier, 20.10.10 - 29. 06.13 Nationalist, 13.04.1922 - 07.06.1925: George Warburton FULLER, Premier,

(Labor) and Holman Labor: William Arthur HOLMAN, Premier, 30.06.13 - 15.11.16 (as both Labor and Nationalist)

Parliamentary Votes and Proceedings, blankets for aborigines stamped with the broad arrow.

Parliamentary Votes and Proceedings, Legislative Council and Legislative Assembly

Aboriginal Carvings, Question, Mr O'Sullivan: " I desire to ask the Prime Minister-(1.) Has his attention been directed to the large number of aboriginal rock carvings about Port Hacking, Manly, and Kuringal Chase? (2.) Will he put a sum of money on the estimate to enable the authorities to preserve these interesting relics of our predecessors?

Mr Carruthers: The hon. member will have to give me a little time to consider the matter. I am not prepared to say what will be done at the present moment."

18 July, 1905 Regulation of Motor Cars. [1] Question, Mr Dacey: I wish to ask the Prime Minister if he is aware of the great danger to life and limb, owing to the furious driving of motor vehicles throughout the state? If so, will he take an early opportunity to bring in a bill to regulate the speed at which these vehicles may be driven on the high roads?

Socialism. Question, Mr J Hurley: In view of the action taken by a high church dignitary with regard to certain matters in this state, I wish to ask the Prime Minister if his attention has been drawn to a cablegram of great importance ... urges Roman Catholics to prepare to fight socialism by active and organised participation in political life ..."

Parliamentary Votes and Proceedings, Session 1906, Blankets for the Poor

Question, Mr Thrower: "I wish to ask the Minister a question with regard to the supply of blankets to the poor. I am told that these blankets are stamped in the middle with the broad arrow. I want to know whether that is a fact?" Question resolved in the affirmative. House adjourned at 11.18 pm.

25 Sept., 1906 Adjournment. Pass for a half-caste. Mr Meehan (The Darling) [6.15 am] I wish to ask the Chief Secretary a question ... On the 11th of this month I sent an application, with a letter from the secretary of the Wilcannia Hospital, and a certificate from the local Government medical officer, for a pass for a half-caste aboriginal woman ... for the coach from Wilcannia to Cobar and the train from Cobar to Sydney. The Government medical officer at Wilcannia had told her to go to Sydney to obtain some aid here. [House counted.] She is suffering from cancer. I have rung up the Aborigines Board, and also the Chief Secretary's Department, but have not heard anything definite about the matter. If it had been the case of somebody living at Pott's Point, I suppose he would have got a pass straight away, but, as it is the case of a poor unfortunate half-caste aboriginal. and a labour man asked for a pass for her, we have not heard a word about it." Mr Hogue: That is not correct!"

Mr Meehan: "It is correct, and I challenge the hon. member to deny what I am saying ... I wish to know why after a lapse of nine days I cannot get any information ... no arrangements have been made ..." [House counted]

Liquor (Amendment) Act 1905 (N0. 40 of 1905) [Repealed by Act 42, 1912]; supply of liquor to full-blooded or reserve Aboriginals forbidden

"For the protection of the aboriginal Australians there are institutions, under the supervision of the Aborigines Protection Board, where the blacks are housed and encouraged to work, the children receiving elementary education. The work is usually carried on at mission stations, but many of the natives are nomadic in habit of life, and receive food and clothing when they call, whilst others but rarely come under the notice of the boards. The native race is extinct in Tasmania. The expenditure on maintenance, etc., for 1906 was - New South Wales, 13,184 pounds; Victoria, 4,325 pounds; Queensland, 10,570 pounds; Western Australia, 15,125 pounds, total for Commonwealth, 56,106 pounds." (Page 790).

Mr. THROWER: I wish to ask the Minister a question with regard to the supply of blankets to the poor. I am told that those blankets are stamped in the middle with a broad arrow. I want to know whether that is a fact?

Mr.MEEHAN (The Darling) [6.15 a.m.]: I wish to ask the Chief Secretary a question on a matter that has occurred within the last fortnight. On the 11th of this month I sent an application, with a letter from the secretary of the Wilcannia Hospital, and a certificate from the local Government medical officer, for a pass for a half-caste aboriginal woman named Lethbridge, for the coach from Wilcannia to Cobar and the train from Cobar to Sydney. The Government medical officer at Wilcannia had told her to go to Sydney to obtain some aid here. [House, counted.] She is suffering from cancer. I have rung up the Aborigines Hoard, and also the Chief Secretary's Department, but have not heard anything definite about the matter. If it had been the case of somebody living at Potts Point, .1 suppose he would have got a pass straightaway, but, as it is the case of a poor unfortunate half-caste aboriginal, and a labour man asked for a pass for her, we have not heard a word about it.

Mr. MEEHAN: It is correct, and I challenge the hon. member to deny what I am saying. I received a letter on the morning of the 11th, and sent in an application in the afternoon of the same day. The matter was referred from the Chief Secretary's Office to the Aborigines Board, and from (here to the Chief Medical Officer, somebody named Thompson, who I do not suppose would know cancer from a cane cutter. I want to know why after the lapse of nine days I cannot get any definite information. I received a special urgent wire today from Wilcannia saying that this woman would be sent by the coach to Cobar, but no arrangements have been made. I want to know who is running the department! Js the Chief Secretary running it, or is Gibson running it? [House counted.]

Mr. HOGUE (The Glebe) Colonial Secretary [6.21 am]: I shall look into the matter referred to by the hon. member for The Darling, but I deny the imputation that, because a labour member brought the matter up, his representations have been ignored. I deny it both as far as I am concerned, and my department also. I make no distinction in any matter, and I am sure every hon. member will admit that. I will look into the case of the poor half-caste at once.

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia, Containing Authoritative Statistics for the Period 1901-1907 and Corrected Statistics for the Period 1788 to 1900. No. 1.-1908 Race and Nationality, Aboriginal Natives.-Enumerated at Census of 1901 (pp 144-155) Protection of Aborigines (p790)

New South Wales Parliamentary Proceedings Second series Session 1908 Second session of the Twenty-First Parliament, 8 Edward VII, Vol XXIX, Legislative Council and Legislative Assembly

Mr. KELLY: Is the Minister for Public Instruction aware of the fact that there is an aborigines camp opposite Condobolin, and that there is no provision for teaching the children?

Mr. HOGUE: I believe there are a number of aboriginals in the locality referred toand if there is no provision for teaching the children, I will see to it they are supplied with the means of instruction.

"excluded ... Aboriginal natives of Australia ... from a pension." [2] check ref xxxxx

Police Offences [Amendment] Act 1908; and for purposes consequent thereon or incidental thereto.{Initiated in the assembly by Mr Wood, 13 November 1909. Assented to, 20 December 1909) definition of 'Aboriginal' in Vagrancy Act includes other States [Section repealed by Act 25, 1909.] The Statutes 1908-1910 Sessions Public Statutes of the Session, Twenty First Parliament-Fourth Session

The powers of control and management of reserves and their populations were vested in the Aborigines Protection Board under the Aborigines Protection Act 1909. The legislation clearly derived from those passed in Victoria and Queensland. The Act did not give the Board the power to confine persons to a reserve, unlike legislation in most other states.' Under ss 11, 12, 13. to the Aborigines Protection Act 1909 (NSW) the Board was given the power to remove children over the age of 14 years from their parents, so that they could be placed into apprenticeships.

Inebriates (Amendment) Bill, Second Reading .. the principle of compulsory control [29 July 1909 (p875)

Aborigines Protection Bill .. greater control of the areas set aside for aborigines ..

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia, Containing Authoritative Statistics for the Period 1901-1909 and Corrected Statistics for the Period 1788 to 1900. No. 3.-1910 Race and Nationality, Aboriginal Natives.-Enumerated at Census of 1901 (pp 112-113) The Aborigines of Australia W Ramsay Smith (pp158-176)

An Act to provide for the protection and care of aborigines; to repeal the Supply of Liquors to Aborigines Prevention Act; to amend the Vagrancy Act, 1902, and the Police Offences (Amendment) Act, 1908; and for purposes consequent thereon or incidental thereto. [Assented to, 20th December, 1909.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the "Aborigines Protection Act, 1909," short title.
and shall come into force on a date to be fixed by proclamation of the
Governor in the Gazette.

2. The Acts specified in the Schedule hereto are, to the extent indicated, repealed.

3. In this Act, unless the context or subject matter otherwise interpretation.
indicates or requires:—

"Aborigine" means any full-blooded or half-caste aboriginal who is a native of Australia and who is temporarily or permanently resident in New South Wales.

Amended,
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1. Date of commencement, 1st June, 1910: Government Gazette No. 72, 11th May, (1) (a) 1910, p. 2486.

By Act No. 32, 1936, s. 1 (3) this Act, as amended, may be cited as the Aborigines Protection Act, 1909-1936. t4520—A

1909 -10

NSW introduces The NSW Aborigines Act following crises in public schools. Aboriginal schools are established in NSW during the early part of the 20th century. Exclusion of Aboriginal children from public schools followed requests by the European community. In NSW, there are 22 Aboriginal schools in 1910, 35 in 1920 and 40 in 1940. The syllabus stresses manual activities and the teacher is usually the reserve manager's untrained wife.

The Act also made it illegal for 'half castes' to live on reserves. In 1915 and 1918 amendments to the Act give the NSW Aborigines Protection Board greater powers to remove children for training as domestic servants.

"... (the) Government had almost total control of every aspect of Indigenous peoples' lives. Reserves were established for the exclusive use and control of Aboriginal people and by 1911 every state and territory, except Tasmania, had some form of Indigenous legislation enforced by local police ... Government appointed Protectors were given guardianship over Indigenous children without parental permission. Aboriginal children were then removed from their parents and placed in Childrens' homes or dormitories on the reserves. Parental access was non-existent. Almost all children forcibly removed never saw their families again ..." "the removal of children continued for many generations with governments ensuring rigid control over their lives ... due to the lack of adequate records the actual number of Indigenous children removed from their families is impossible to calculate." [4]

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia, Containing Authoritative Statistics for the Period 1901-1911 and Corrected Statistics for the Period 1788 to 1900. No. 5.-1912 Race and Nationality, Aboriginal Natives Enumerated at Census of 191 (pp 120-121) Protection of Aborigines (p943)

Historical Records of Australia references, Sydney Gazette references, Select newspaper reports, notes, Secondary sources

Liquor Act 1912 (No. 42 of 1912). Supply to any Aboriginal native of Australia prohibited [section repealed by 34, 1946]

Aborigines' wages attached >

"The years between 1890 and 1915 were a period of extensive and formative change, involving a .. qualitative change in the power of the state over Aboriginal families ... the passing of the various Aborigines Protection Acts which gave specific powers to Aboriginal Boards to remove children from their homes." [5]

The Aborigines Protection Amending Act 1915 extended the Board's powers so that it could assume full control and custody of the child of an Aborigine if it was in the moral or physical welfare of the child.

Parliamentary Votes and Proceedings; Aboriginal Protection (Amend.) Act [assented 15 Feb 1915]

Aborigines Protection Amending Act 1915 (No. 2 of 1915) [Repealed by Act 7, 1969]: compulsory apprenticeship; guardianship of Aboriginal children.

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia, Containing Authoritative Statistics for the Period 1901-1916 and Corrected Statistics for the Period 1788 to 1900. No. 10.1917 Protection of Aborigines (p878)

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia, Containing Authoritative Statistics for the Period 1901-1917 and Corrected Statistics for the Period 1788 to 1900. No. 11.-1918 Protection of Aborigines (p909)

Aborigines Protection (Amendment) Act, 1918, (No. 7 of 1918) Assented to, 12th March, 1918 [Repealed by Act 7, 1969]; 'Aborigine' includes full bloods and half castes.' (The Statutes of New South Wales [Public and Private] Passed During the Year 1920 Reprinted with Amendments incorporated under Amendments Incorporation Act, 1906, up to 31st December, 1920, Aborigines Protection Act, 1909 No 25-as amended by 1915 No. 2 and 1918 No. 7. NSW Statutes, 1824-1924 *Aboriginals-3 Vic No 16 .. Disallowed, R.1924 No. 34, Sch. *Aboriginals-4Vic No. 8.. Disallowed. R., 1924 No.34, Sch. *Aboriginals 31 Vic No. 16 .. R., 1909 No.25, see also 45 Vic. No. 14., Aborigines Protection- 1909 No. 25, 1915 No. 2, 1918 No. 7

Checklist of Royal Commissions, Select Committees of Parliament and Boards of Enquiry by DH Borchardt, Part 1: Commonwealth of Australia 1900-1950 RC on Northern Territory Administration and Aborigines. Report. (12.11.1919) (20.5.1920) A.Pp. 1920/21 III: 1653-1669

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia No. 17.-1924 Aboriginal Population; Aboriginal Problems, Half Castes, Aboriginal Half Castes, 1911 and 1921 (pp960-961)

Statute Law Revision Act 1924 (N0. 34 of 1924); repeal of 3 Vic. No. 16 (1839) and 4 Vic. No. 8 (1840)

"The decay of the aboriginals in the settled districts proceeded very rapidly, from three main causes: from actual destruction by killing, from disease and drink introduced among them by the whites, and from the perishing due to the change of life necessitated by the limitation of their hunting grounds.... The best estimates count the present aboriginal population of Australia in 1925 at not more than 100,000, but these reside chiefly in the interior of Queensland, Western Australia, South Australia, and the Northern Territory. There are not more than a couple of thousand in New South Wales; only about 250 in Victoria....... the black population is fading out of existence very rapidly, and within the present generation will probably cease to exist. Elsewhere, though the decline may be less rapid, it is only where aboriginals are preserved by special missionary exertions that their numbers are maintained." [9]

Commonwealth Bureau of Census and Statistics, Melbourne. Official Year Book of the Commonwealth of Australia No. 18.-1925 Population; In Age Groups, 1921 (Exclusive of Full-blood Aboriginals.) Race and nationality, Aboriginals, Various estimates from 1826 to 1921, Census of Aboriginals, 1924, New South Wales and Victoria – Full-blood Aboriginals, 1891 to 1924 (pp918-19190

"Ledgers (Trust Account), c.1897-1922. These volumes record moneys held in trust by the Board for Aborigines, apparently those under apprenticeship. Arranged under the names of individual Aborigines, the name of the person to whom apprenticed is frequently noted." [10]

FAMILY ENDOWMENT: ABORIGINES. With reference to the delayed family endowment claims by aborigines and the understanding that these would be finalised at an early date, is the Colonial Secretary aware that up to the present no finalisation has been reached? In view of the fact that Aborigines are not debarred from claiming under the Family Endowment Act, and the undesirability of allowing these claims to aggregate large amounts, in some cases over £100 back money, will the Colonial Treasurer see that active steps are taken to bring the claims to finality, as the Aborigines Protection Board claims that it completed its census some time ago?

Mr. DAVIDSON: Will the Colonial Treasurer also inquire as to why it is that half-castes who were previously paid the endowment are now being refused payment, and referred to the Aborigines Protection Board?

Mr. STEVENS: This question has recently been the subject of a conference between the Family Endowment Department and the Aborigines Protection Board, and the matter has not yet been finalised. There has been a long delay, but I am inclined to think, from my knowledge of the nature of the conferences, that the delay has been justified. As to the half-castes, I know nothing of the matter referred to, but there are very good reasons why the question has not yet been finalised and I propose to deal with those reasons in a statement which I shall make to the House on next Tuesday or Wednesday.

Mr. LANG: ln reply to questions put by hon. members on this side of the House as to the reason for the delay which has occurred in finalising family endowment claims by aborigines, the Treasurer has promised to make a statement on Tuesday or Wednesday. I ask him whether it is a fact that these delays have been caused deliberately, with a view to depriving aboriginal claimants of any chance of receiving family endowment ?

Mr. VINCENT; Arising out of that question I ask the Treasurer whether it is not a fact that conferences are taking place between the Aborigines' Protection Board and the Family Endowment Commissioner for the purpose of ascertaining the best means of rendering assistance to aborigines?

Mr. STEVENS: While the hon. member for Raleigh was out of the Chamber 1 informed hon. members that conferences between the Family Endowment Branch and the Aborigines Protection Board had taken place. In reply to the question of the leader of the Opposition, there has been no deliberate holding up of claims with a view to doing anything unfair to the aborigines themselves or to outrage public interest in anyway. There are certain features of the negotiations between the Family Endowment Branch and the Aborigines Protection Board which I prefer not to mention at this stage, but I shall refer to them when I bring the matter before the House on Tuesday or Wednesday next. The question is a very difficult one. The Aborigines Protection Board is charged with the grave responsibility of caring for the aborigines of the State.

Mr. STEVENS: As my colleague says, it does its work well. It has been very much concerned at the practice that grew up a little time ago of making large lump sum payments to the aborigines. I can assure the House and the country that any action in contemplation with regard to these payments to the aborigines is being taken in the best interests of the country and of the aborigines themselves. The Government has no desire, as the leader of the Opposition's question suggests it has, to withhold payments where those payments are due and are calculated to give benefit to the recipients, hut the Government is not prepared to be a party to any arrangement that will do hurt to the public generally or to any particular section of it.” [12]

Mr. HORSINGTON asked the Colonial Secretary.—(1) Has his attention been drawn to the fact that valuable aboriginal carvings have been removed without authority from the Government aboriginal sanctuary at Mootwingee, near Broken Hill? (2) Will he ascertain if it is a fact that they have been placed in the Melbourne Museum? (3) Will ho take steps to ascertain who the guilty parties are, and have them restored to their original place at the expense of those who removed them ? (4) Will he also take steps to see that this sanctuary is effectively protected in future?

Answer, - (1), (2), (3). and (4) As indicated to the hon. member by letter, it has been ascertained that the damage done to the carvings is not so extensive as was reported, and it is considered that no good purpose would lie served by pursuing the matter further, as the carvings which were removed could not be again placed in their original positions. It is anticipated that the wide publicity given to the matter will prevent any further acts of this nature.” [13]

Mr. CONNELL: Has the attention of the Colonial Treasurer been drawn to the fact that a large number of family endowment claims have been held up, in some cases for months, because either the mother or the father is a half-caste? Further, will he ascertain if, in a large number of these cases, the parents concerned have earned their own living and have not been dependent at all upon the Aborigines' Protection Board, and whether it is a fact that, for some reason or other, in all such cases the claims have been handed over to the Aborigines’ Protection Board for investigation. Will he see that, where the Aborigines' Protection Board has had nothing to do with these people at any time, claims are not held up in this way, thus depriving the applicants of the endowment for such a long period.

Mr. STEVENS: I will look into the question. As I understand the position, the Aborigines' Protection Board expressed a desire to be consulted with regard to a number of cases in which it would normally be interested. I think hon. members on both sides of this House who were brought into touch with the board recognise that not only the public interest but the interests of the beneficiaries in these cases were adequately served by the method of payment that was ultimately adopted. I am not aware that there is any complaint with regard to half-castes who do not come under the jurisdiction of the board, and I am not aware that many such cases are held up, but I am quite prepared to look into the question.” [14]

Mr. CONNELL: Has the Colonial Treasurer’s attention been drawn to the fact that, in every case where an applicant for a family endowment or her husband is not a full-blooded white, the case is referred to the Aborigines Protection Board, irrespective of the fact that neither she now her husband may have ever received ant assistance whatever from that board? Is he further aware that in numerous cases where it has been decided by the family Endowment department to grant an allowance, following upon advice that the allowance has been granted a letter came from the Aborigines’ Protection Board stating that if the claimant would call on the local police she could get an order of flour and other articles of food in lieu of the money that had been granted. Will he see that in cases where the claimant or her husband has received no assistance from the board the applicant is not forced into this humiliating position when an endowment claim is granted? Mr. STEVENS: I will look into the matter raised by the hon. Member. I think I told him a fortnight ago my understanding of the matter was that the arrangements which have now been made have been agreed to after conference between the Aborigines' Protection Board and the Commissioner for Family Endowment. I will go into the question.”

Mr. LAZZARINI asked the Colonial Secretary,—(1) has the recent vacancy of inspector for the Aborigines' Protection Board been filled? If so, what is the name of the successful candidate, and what was his previous occupation '. (2) What methods were followed in making the appointment, and was there any competitive examination of candidates? (3) If a sub-committee were appointed to deal with applications, what are the names of such committee and what are their qualifications?

Answer,— (1) Yes, by the appointment of Mr. E. C. Smithers, formerly manager of the Aboriginal Station and Inspector of Fisheries at Urunga, Bellingen River. (2) and (3) The vacancy was advertised in the press and by means of a circular to the board's officers. A competitive examination was not held. A sub-committee appointed by the board (consisting of Messrs. E. B. Harkness, A. W. Green, and A. C. Pettitt, vice-chairman, member, and secretary, respectively, of the board) interviewed a number of the candidates and selected six, who, together with three of the board's managers, were seen by the board before the final selection was made. The board's choice of Mr. Smithers for the vacancy was unanimous.” [11]

"During the 1930's Depression, the Aboriginal people at La Perouse were joined by hundreds of the unemployed at Happy Valley, Frog Hollow and Hill 60. The experience of being jobless and cut off from the rest of society encouraged the different groups to act together to provide for and entertain their members ... As the Depression eased and the whites moved off, the Aboriginal community returned to the reserve ..."[16]

[1] This is almost completely irrelevant but is irresistible

[2] See Section 16 of the Invalid and Old Age Pensioners Act of 1908

[3] 1909 Photograph, in Durack, Mary: Sons in the Saddle (1983) "Aborigine prisoners, mostly arrested on cattle-spearing charges, Wyndham, 1909" (Aboriginal men connected with neck-chains, a white guard stands behind them with the key in his hand.)

[4] See Colin Markham MP 'a notable exception' NSW Parliamentary Secretary for Aboriginal Affairs Native Title and the Impact of the Stolen Generations -25 August 1999, Commonwealth Parliamentary Association, 25th Australian and Pacific Regional Conference. Port Moresby, Papua New Guinea, 23-25 August 1999.

[5] Van Krieken, Robert; Children and the State, Social control and the formation of Australian child welfare (Allen and Unwin 1991) " (Page 84)

[6]

[7] See: Aborigines Welfare Board, in State Records New South Wales, Concise Guide to the State Archives (A-B): Page 2

[9] See: Aboriginals, disappearance: in Scott, E; A Short History of Australia, (Oxford University Press 1925), Pages 184-185

[10] See Checklist of Royal Commissions DH Borchardt Part 1 Cth 1900-1950 107. Commission of inquiry touching the shooting of certain aboriginals in Central Australia. Report. (Dec. 1928?) (18.1.1929)

[11] New South Wales Votes and Proceedings Assembly Questions and Answers Page 1416

[12] New South Wales Parliamentary Votes and Proceedings, Questions and Answers 13 Dec. 1929, Page 2459

13] New South Wales Parliamentary Votes and Proceedings, Questions and Answers “[COUNCIL.] 11 Feb., 1930

[14] ASSEMBLY Questions and Answers. 6 March 1930 Page 3182

[16] See: La Perouse and the Missionary Movement, in Randwick, a Social History (Randwick City Library and Information Service), Page 2

1909 -10

Liquor Act 1912 (No. 42 of 1912). Supply to any Aboriginal native of Australia prohibited [section repealed by 34, 1946]

Aborigines' wages attached >