1829
Swan River Colony
Established in 1829, the Swan River Colony (now Perth, Western Australia) marked the beginning of British settlement in Western Australia. Unlike earlier penal colonies, it was intended as a free settlement, which led to rapid expansion and land acquisition. This settlement displaced local Indigenous people, leading to significant loss of land, culture, and resources, with lasting impacts on Indigenous communities in the region.
1832
Superintendent of Natives (1832-1838)
Captain Ellis served as the first Superintendent of Natives in Western Australia, overseeing Indigenous affairs until his death in the 1834 “Battle of Pinjarra.” Francis Armstrong succeeded him, holding the position until 1838. This role marked the early colonial administration’s attempt to control and manage relations with Indigenous communities, often leading to violent confrontations and increased tensions.
1874
Industrial Schools Act 1874
The Industrial Schools Act 1874 in Western Australia marked the first comprehensive child welfare legislation, addressing both care for needy children and punishment for young offenders. Children placed in schools or institutions were under institutional authority until age 21, often without parental consent, and could be apprenticed from age 12. This act laid a foundation for further amendments and eventually led to the Industrial and Reformatory Schools Act 1893, shaping early child welfare and juvenile justice policies.
1886
Aborigines Protection Act 1886
The Aborigines Protection Act 1886 established the Aborigines Protection Board in Western Australia, tasked with the care, custody, and education of Aboriginal children. Resident Magistrates, under the Board’s authority, could apprentice Aboriginal or “half-caste” children, with apprenticeships lasting until age 21, unlike the minimum age of 12 applied to non-Indigenous children. The Act granted broad powers to the Board and Protectors to control various aspects of Aboriginal lives, marking a significant intervention in Indigenous family structures and autonomy. Parts of the Act were repealed gradually from 1889.
1897
Aborigines Act 1897
This Act established the Aborigines Department, replacing the previous Board with similar responsibilities. The Act allowed the Governor to appoint additional Protectors and set a fixed budget for Aboriginal welfare, removing the previous requirement of allocating one percent of revenue. This funding change ultimately made the Act invalid, leading to its repeal and replacement by the Aborigines Act 1905.
1905
Aborigines Act 1905
This Act governed the lives of all Aboriginal people in Western Australia for nearly 60 years, establishing the position of Chief Protector of Aborigines as the legal guardian of every Aboriginal child under 16. It allowed authorities to detain Aboriginal children in institutions or place them in work and laid the foundation for repressive control over Indigenous communities. The Act created a bureaucratic framework to control Indigenous interactions with the broader community, enforce child assimilation, and regulate personal aspects of Aboriginal life. It was eventually repealed by the Native Welfare Act 1963.
1936
Native Administration Act 1936
This Act broadened the definition of “natives” to include nearly all individuals of Aboriginal descent, expanding restrictions on movement and lifestyle. It empowered the Commissioner of Native Affairs to forcibly remove nearly any Aboriginal child from their family and place them in institutions for assimilation until age 21, with the Commissioner serving as the legal guardian regardless of parental rights. Additionally, individuals of “quarter-caste” or less were prohibited from associating with other Aboriginal people, pushing them to integrate into white society, though no measures were in place to promote their acceptance by white communities.
1947
Child Welfare Act 1947
This Act increased the likelihood of Aboriginal children in Western Australia being removed by the Child Welfare Department rather than the Department of Native Welfare. Aboriginal families who had relocated to urban areas after mission closures were especially vulnerable under the Act, often facing child removal due to difficulties in re-establishing their lives in new communities.
1954
Native Welfare Act 1954
This Act formalized the shift in Western Australia where Aboriginal children were more commonly removed under the Child Welfare Act 1947 by the Child Welfare Department, rather than by the Department of Native Welfare under previous legislation. It redefined roles, renaming the Department of Native Affairs to the Department of Native Welfare and changing titles for key positions. While the Commissioner remained the legal guardian of “native” children, this did not apply to children already made wards under the Child Welfare Act 1947. This Act was eventually replaced by the Native Welfare Act 1963.
1963
Native Welfare Act 1963
This Act repealed the Aborigines Act 1905 and its amendments, ending the Commissioner of Native Welfare’s role as legal guardian of Aboriginal children. However, the Commissioner retained responsibility for the custody, maintenance, and education of Aboriginal children. This shift aimed to reduce direct control while still enforcing oversight. The Act was eventually repealed by the Aboriginal Affairs Planning Authority Act 1972, marking further changes in the administration of Indigenous affairs.
1972
Aboriginal Affairs Planning Authority Act 1972
This Act abolished the Department of Native Welfare and established the Aboriginal Affairs Planning Authority, shifting responsibilities for Aboriginal matters in Western Australia. The new Authority no longer managed out-of-home care for Aboriginal children, marking a move away from direct state involvement in Indigenous child welfare.
2004
Children and Community Services Act 2004
This Act reformed child protection and welfare in Western Australia, establishing a framework to protect vulnerable children and support families. It incorporated the Aboriginal Child Placement Principle, prioritizing placing Aboriginal children with Indigenous families or within their communities to maintain cultural connections. The Act aimed to address past harms by promoting culturally sensitive practices in child welfare, though challenges in consistent application remain.