Forced Adoptions Implementation Working Group Final Report

FINAL REPORT TO
THE HONOURABLE SCOTT MORRISON MP
MINISTER FOR SOCIAL SERVICES

December 2014

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 21March 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.

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RECOMMENDATIONS

The Forced Adoptions Implementation Working Group makes the following recommendations with regard to the implementation of policies and programs for people affected by forced adoption:

Recommendation 1:

That in all Government discussions and writings about adoption, including forced adoption, the terminology used be in accordance with paragraphs 1.9 – 1.14 of the Report of the Senate Community Affairs References Committee Commonwealth Contribution to Former Forced Adoption Policies and Practices tabled on 29February, 2012.

Recommendation 2:

That in consideration of the formulation and implementation of policy relating to domestic and inter-country adoption and surrogacy, mental health be recognised as a fundamental issue.

Recommendation 3:

That in the formulation and implementation of policies in the areas of adoption and surrogacy, regard be had to the provision of information to the community, and particularly people affected by forced adoption, by way of greater transparency with regard to progress and the proposed introduction thereof.

Recommendation 4:

That the program of education and training of mental health professionals in all issues relevant to people affected by forced adoption in accordance with the allocation of funds in March 2013 be implemented as a matter of urgency.

Recommendation 5:

That the Commonwealth Government establish and chair a consultative committee with State and Territory Governments seeking to implement the following policies across all Governments on a uniform basis:

a)  The integration of birth certificates of adopted people to include the names of the mother and father of the child;

b)  Access to Commonwealth, State and Territory electoral rolls at minimal cost to enable searching by people affected by forced adoption for the purpose of attempting reunions of families;

c)  The Find and Connect program be expanded to include services for people affected by forced adoption;

d)  The location and availability of any other records relevant to people affected by forced adoption, including hospital records, be at no cost; and

e)  For the purpose of achieving these recommendations, the apparent policy of restricting any reform to those which do not require legislation be abandoned.

Recommendation 6:

That the program to improve access to specialist support services, peer and professional counselling and supported records tracing for those affected by forced adoption, administered by the Department of Social Services, be implemented as soon as practicable.

Recommendation 7:

That the Commonwealth Government implement strategies to achieve greater community awareness of the findings of the Senate Report, the National Apology and wider issues relating to forced adoption.

Recommendation 8:

That 21 March in each year be designated as the memorial date to raise awareness and recognise and show respect to people affected by forced adoption in like manner as shown to the recipients of other government apologies.

Recommendation 9:

That in accordance with recommendation 11 of the Senate Report, the Commonwealth Government lead discussions with States and Territories on issues concerning the funding of financial reparations for people affected by forced adoption.

Recommendation 10:

That grievance mechanisms be established under the leadership of the Commonwealth Government in accordance with recommendation 12 of the Senate Report.

Recommendation 11:

That the Commonwealth lead discussions with the States and Territories to consider the reform of adoption laws in Australia on the basis of their being uniform throughout the nation and based exclusively on the test of the best interests of the subject child in accordance with laws in force relating to relationship breakdown.

Recommendation 12:

That the law relating to inter-country adoption be reformed to provide that:

·  It be conducted as a uniform law of the Commonwealth rather than by the States and Territories; and

·  Its conduct by way of bilateral arrangements be abandoned in favour of its conduct in accordance with the Hague Convention on Inter-country Adoption.

Recommendation 13:

That the Government forthwith commit to the funding of services for people affected by forced adoption beyond the expiration of the funding allocated by the Government’s Response to the Senate Report.

Recommendation 14:

That this report be tabled in both Houses of the Parliament.

INTRODUCTION

1.  On 29 February 2012, the Senate Community Affairs References Committee tabled its report Commonwealth Contribution to Former Forced Adoption Policies and Practices.

2.  On 21 March 2013, the then Prime Minister, the Hon JuliaGillardMP, in acceptance of recommendations 1 - 7 of the Senate Report, offered an apology on behalf of the nation to people affected by forced adoption. The apology was supported by the then Leader of the Opposition, theHonTonyAbbottMP and across the full political spectrum.

3.  Also on 21 March 2013, the Government tabled its response to the Senate Report. In that response the Government allocated $11.5 million over the next four years for concrete measures as referred to in the Apology. Thatallocation was apportioned as follows:

·  $5 million to improve access to specialist support services, peer and professional counselling and supported records tracing for those affected by forced adoption;

·  $5 million to:

o  Increase capacity under the Access to Allied Psychological Services (ATAPs) program, for general practitioners to refer those affected by forced adoption practices with a mild to moderate mental disorder to mental health professionals who deliver focused psychological services ($3.5 million); and

o  Develop guidelines and training materials for mental health professionals to assist in the diagnosis, treatment and care of those affected by forced adoption practices ($1.5 million); and

·  $1.5 million for a website and exhibition by the National Archives of Australia to record the experiences of people affected by forced adoption and increase awareness and understanding of those experiences in the community.

FORCED ADOPTIONS IMPLEMENTATION WORKING GROUP

4.  In May 2013, the Government established the Forced Adoptions Implementation Working Group (Working Group) to advise on all aspects of the Senate’s recommendations and the Government response. The Working Group’s Terms of Reference and Protocols are attached at Appendix 1.

5.  Professor the Honourable Nahum Mushin was appointed as the independent Chair together with the following members:

·  Ms Angela Barra, Adoptee, QLD;

·  Ms Elizabeth Brew, Mother, NSW;

·  Dr Christine Cole, Mother, NSW;

·  Mr Gary Coles, Father, VIC;

·  Mr Thomas Graham, Adoptee, ACT;

·  Mr Leigh Hubbard, Adoptee, VIC;

·  Ms Sue MacDonald, Mother, WA;

·  Ms Kathryn Rendell, Mother, QLD;

·  Ms Evelyn Robinson, Mother, SA;

·  Senator Rachel Siewert, Senator for WA;

·  Senator Claire Moore, Senator for QLD; and

·  Senator Sue Boyce, Senator for QLD.

6.  The membership of the Working Group changed as follows:

·  On 2 August 2013, Ms Angela Barra resigned and Ms Kathryn Scott, Adoptee, QLD was appointed;

·  On 3 October 2013, Ms Elizabeth Brew resigned;

·  On 30 June 2014, Senator Sue Boyce retired from the Senate and was reappointed in her private capacity; and

·  In May 2014, Senator Bridget McKenzie, Senator for Victoria, was appointed.

7.  The appointments to the Working Group were originally set to end on 30June2014. Minister Andrews extended the term to 31December2014. Two members, Mr Gary Coles and Mr Thomas Graham, declined the extension and retired.

8.  The Working Group met as follows:

·  Face-to-face

o  9 July 2013;

o  31 October 2013;

o  20 March 2014; and

o  5 December 2014.

·  Telephone

o  26 September 2013;

o  18 December 2013;

o  12 February 2014;

o  11 March 2014;

o  20 June 2014;

o  19 August 2014;

o  6 November 2014; and

o  22 December 2014.

9.  The Working Group’s meetings were also attended by representatives of the Departments of the Attorney-General and Health together with the National Archives of Australia. The Working Group extends it gratitude to those agencies for their involvement in its work.

10.  The support given to the Working Group by the secretariat within the Department of Social Services has been fundamental to its achievements. In addition to the necessary and extensive administrative arrangements, the secretariat has provided guidance, advice and emotional support to both members of the Working Group and people affected by forced adoption who have contacted the Department for various reasons.

11.  The Chair of the Working Group has consulted widely throughout Australia. At all times he was accompanied by members of the secretariat who showed great sensitivity and compassion to the people who attended those consultations.

12.  For most of the Working Group’s tenure the following personnel have provided secretariat services:

·  Ms Eliza Strapp, former Branch Manager Families and Children Branch (F&CB);

·  Ms Megan Shipley, former Director Adult Specialist Support Services (ASSS);

·  Ms Margaret Anderson, former Assistant Director ASSS;

·  Ms Jeanette Daniel, former Policy Officer ASSS;

·  Ms Janet Smith, Assistant Director F&CB; and

·  Ms Helen Palma, Executive Assistant, F&CB.

13.  Recently, as a result of changes, the following personnel have undertaken this work: