Recommendation 53

This recommendation is assigned to CSNSW.

Recommendation

That Commonwealth, State and Territory Governments provide access to all government archival records pertaining to the family and community histories of Aboriginal people so as to assist the process of enabling Aboriginal people to re-establish community and family links with those people from whom they were separated as a result of past policies of government. The Commission recognises that questions of the rights to privacy and questions of confidentiality may arise and recommends that the principles and processes for access to such records should be negotiated between government and appropriate Aboriginal organisations, but such negotiations should proceed on the basis that as a general principle access to such documents should be permitted.

Context

The Royal Commission acknowledged that access to government archival records concerning family histories is important and such access can assist to re-establish community and family links. Recommendation 53 is directed at ensuring Governments across Australia facilitate access to these records for Aboriginal people. 

Detail of implementation

For records created less than 70 years ago about a person, anyone can lodge a formal access application under the GIPA Act.

The GIPA Act promotes a fair, transparent, and open government for the people of NSW.

A formal access application can be made by any member of the public for information held by CSNSW through DCJ. A client of CSNSW may apply for information relating to services they may have received from CSNSW or information relating to themselves.  Information of a non-personal nature may also be requested as part of a formal access application. Fees and charges may apply.

The GIPA Act also allows for the informal release of information. This may be information relating to policies, procedures or other statistical information. A client of CSNSW may obtain limited information from their file without the need for a formal access application by contacting the relevant Business Unit.

If the record is more than 70 years old, the applicant should first seek the information from State Records.

Birth certificates

Financial assistance is provided to eligible Aboriginal inmates to obtain their birth certificate. Inmates are entitled to one birth certificate under the CSNSW Aboriginal Strategy Directorate policy, and a detailed database is maintained to monitor applications. This is an important initiative for Aboriginal people as some have not been registered before. Without a birth certificate many people can face challenges securing jobs, enrolling in education, or accessing government support. This initiative breaks down barriers to ensure that government services and support is accessible.

To be eligible, the application must be:

• In custody with 4 or more weeks to earliest possible release date (EPRD)
•  Identifies as being Aboriginal within the Offender Integrated Management System (OIMS)
• Have NOT previously received assistance in the last 5 years under the Aboriginal Strategy Directorate

Evidence

• Government Information (Public Access) Act 2009 (GIPA Act).