Aboriginal family has costs waived in WA Stolen Generations case

An Aboriginal family split up by the West Australian government's past policy of forcibly removing indigenous children who then lost a bid for compensation have had their costs owed to the state waived.

SBS Source: SBS

Donald and Sylvia Collard, from the wheatbelt town of Kondinin, sought redress after their seven children were removed without consent by officials and placed in state care between March 1958 and December 1961.

The Aboriginal Legal Service of WA had considered the action a test case for thousands of other indigenous West Australians, but the family's bid for compensation failed.

In April 2014, the WA Supreme Court ruled the Collard family would not have to pay the WA government's legal costs, but the state took the case to the Court of Appeal and won.

We can never forget that this cruel act was sanctioned by law and government policy.

The Collards' legal team unsuccessfully went to the High Court seeking special leave to appeal aganst that decision.

In May last year, ALSWA wrote to WA Attorney-General Michael Mischin on behalf of the Collard family, asking the state to be merciful and forego enforcement of the costs, which it said would only further exacerbate the suffering and trauma endured by the family.

Stolen Generation members Valerie Murphy (left) and Nancy Hill at the Aboriginal Tent Embassy in Canberra, 2008.(AAP Image/Alan Porritt) Source: AAP

Mr Mischin recently finally replied, saying he and Child Protection Minister Andrea Mitchell, on behalf of the state and with approval of the governor, had written off the costs debts owed by the family.

Glenys Collard said it was a relief for her parents and siblings.

"I'm relieved, it's something huge off our shoulders," she said.

We can now say that it is over and deal with this chapter of our lives.

ALSWA chief executive Dennis Eggington said the resilience of the Collard family had been incredible.

"The action was not just about their family, but all families affected through the forced removal of children from Aboriginal families," he said.

"We can never forget that this cruel act was sanctioned by law and government policy."

“The Collards' own traumatic tale was a story similar to thousands of others, but their selfless and unwavering strength touched the heart of the nation."