1839
Protector of Aborigines 1839
Matthew Moorhouse became the first permanent Protector of Aborigines in South Australia in 1839, serving until 1856. During his tenure, he presided over a massacre of 30 Indigenous people in 1841, exemplifying the violent approach often taken by colonial authorities. The office was abolished in 1856, and by 1860, most reserves designated for Aboriginal people had been leased to settlers, leading to significant land loss and displacement for Indigenous communities.
1844
Aboriginal Orphans Ordinance 1844
The Aboriginal Orphans Ordinance 1844 in South Australia allowed the Protector of Aborigines to apprentice orphaned Aboriginal children, and, with parental consent, other Aboriginal children, until age 21. The Protector was appointed legal guardian of “half-caste” and other unprotected Aboriginal children whose parents were deceased or unknown. Many Indigenous boys were apprenticed in trades, while girls were placed in domestic service. However, most children eventually left to rejoin their families, and the law gradually fell into disuse.
1895
State Children Act 1895
The State Children Act 1895 in South Australia allowed for the removal of Indigenous children on grounds of “destitution” or “neglect.” A child was deemed “neglected” if lacking a fixed home and “destitute” if without sufficient means of support, definitions that disproportionately impacted Indigenous families with nomadic lifestyles or seasonal work. This Act facilitated the forced removal of children from impoverished families, furthering the separation and disruption of Indigenous communities.
1911
Aborigines Act 1911
The Aborigines Act 1911 in South Australia appointed the Chief Protector as the legal guardian of all Aboriginal and “half-caste” children, granting broad powers to remove Indigenous people to and from reserves. Family members could be separated for disciplinary reasons, intensifying control over Indigenous lives and disrupting family structures. The Act was later repealed by the Aborigines Act 1934.
1923
Aborigines (Training of Children) Act 1923
This Act in South Australia broadened the definitions of “Aboriginal” and “half-caste” under the Aborigines Act 1911 and was designed to allow Indigenous children to be “trained” in institutions and sent to work. Indigenous children could be placed in child welfare institutions and treated as “neglected” under the State Children’s Act 1895, allowing them to be apprenticed without a court finding of neglect or destitution, a requirement still in place for non-Indigenous children. Justified as “less traumatic,” this approach faced opposition and was suspended in 1924. It was repealed by the Aborigines Act 1934.
1934
Aborigines Act 1934
This Act in South Australia reinstated the administrative removal powers from the 1923 Act, allowing the Chief Protector to commit Aboriginal children to institutions until they reached 18. Children could then be managed as “neglected.” The Act applied to legitimate Aboriginal children over 14 or with an educational qualification and to “illegitimate” Aboriginal children deemed neglected by the Chief Protector. It also retained the Chief Protector’s authority to remove Aboriginal and “half-caste” people, as granted in the 1911 Act. This Act was eventually repealed by the Aboriginal Affairs Act 1962.
1962
Aboriginal Affairs Act 1962
This Act repealed the Aborigines Protection Board’s guardianship over Indigenous children in South Australia, replacing it with the Aboriginal Affairs Board, which no longer acted as legal guardian for Aboriginal children. Although the guardianship role was removed, Indigenous children continued to be taken into care under general child welfare laws, often due to lifestyle and poverty. The Act tasked the Minister for Aboriginal Affairs with overseeing reserves, welfare matters, and the integration of Aboriginal people into the broader community. The Board maintained a Register of Aborigines but could remove individuals deemed capable of citizenship, with an option to appeal. Later amendments allowed for Aboriginal Reserve Councils and eventually abolished the Register of Aborigines. The Act was repealed by the Community Welfare Act 1972.
1972
Community Welfare Act 1972
This Act created the Department of Community Welfare in South Australia, centralizing welfare services and repealing separate Indigenous policies. Although aimed at family preservation, it did not curb the high rate of Indigenous child removals for reasons of “neglect.” Emphasizing child-centered care, the Act promoted smaller, home-like facilities over large institutions and introduced individualized care plans for each child. Regional offices were established for decentralized oversight, and amendments later addressed cultural sensitivity, requiring welfare decisions to respect diverse customs and beliefs. This marked a shift toward integrating children into community settings with greater attention to family and cultural connections.
1978
South Australian Aboriginal Child Care Agency
Established in 1978, the South Australian Aboriginal Child Care Agency was a community-controlled organization focused on recruiting Aboriginal foster parents for Aboriginal children. Previously, many Aboriginal children were placed in institutions or with non-Aboriginal families. The Agency prioritized placing children with their extended family or, if not possible, with another Aboriginal family to ensure culturally appropriate care. It aimed to address injustices in the child welfare system by advocating for Indigenous involvement in child welfare decisions and culturally suitable placements.
1982
Community Welfare Amendment Act 1982
The Community Welfare Amendment Act 1982 in South Australia introduced cultural considerations into child welfare for the first time, requiring that religious beliefs and customs of ethnic groups within the community be taken into account. This marked a significant step toward culturally sensitive practices in child welfare decisions.
1988
Adoption Act 1988
The Adoption Act 1988 in South Australia introduced the Aboriginal Child Placement Principle, prioritizing the placement of Aboriginal children with Indigenous families for adoption. It also recognized traditional Aboriginal marriages in adoption processes, promoting cultural continuity and respect for Aboriginal family structures in child welfare.