The Stolen Generation

Social Studies Online

In a decision which National Sorry Day Committee co-chairwoman Audrey Kinnear described as “a wonderful victory” for the stolen generations, the NSW Victims Compensation Tribunal has awarded Mrs Linow $35,000 for the sexual assault and violence she suffered while working as a domestic servant for a family when she was aged 16.

The Aboriginal Welfare Board had removed her at two years of age and placed her in children’s homes in Bomaderry and then Cootamundra. From there, she was sent to her employer, who she claimed thrashed her with barbed wire and raped her.

“It’s a big shock, because I’m the only one out of thousands of members of the stolen generations who got through and was believed that these things did happen. This is the most important thing the believing,” said Mrs Linow, 61, a pensioner from Miller, near Liverpool.

Seven months ago, a tribunal assessor accepted her abuse claims but refused to compensate her. The tribunal chairman, Cec. Brahe, overturned that determination on appeal.

After a series of court losses by Aborigines removed from their families, including Alec Kruger in the High Court, Lorna Cubillo and Peter Gunner in the Federal Court and Joy Williams in the NSW Supreme Court, Ms Kinnear siad this was a breakthrough in a legal system where a win had seemed impossible.

Each loss was traumatising “but now we can laugh,” she said.

“This decision validates the fact that the harm done to the stolen generation is worthy of compensation. It’s set a precedent and it will give other people courage to do the same”.

Andrea Durbach, the co-ordinator of the Public Interest Advocacy Centre which acted for Mrs Linow, said following this test case it was likely other Aborigines taken from their families would take their cases to the tribunal.

However, it did not open any floodgates to compensation, because each case had to be assessed individually. “This is a particular case which has given compensation for assault which follows the act of removal, but the determination shows that we need a separate reparations tribunal which focuses on the needs of the stolen generations.”

There had been no compensation for the act of removal itself, which had been devastating, she said.

Mrs Linow said: “I have got my justice after 45 years. I’m free because it was tormenting me all the time. I feel like I am reborn. I can go forward and leave this dreadful past behind”.

“It’s not the money that’s important to me. It is the knowledge and recognition that this happened to Aboriginal people. No-one could pay any amount for what happened to us because we lost a lot.”

She plans to put some of the money into a funeral fund because she and her husband Warren “don’t want to be buried like paupers.”

“I haven’t any other plans. This was the only plan I had that we go in comfort.”

Source: Written by Debra Jobson, Sydney Morning Herald, 19/10/02, Re-printed with permission of the Sydney Morning Herald.