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Extra resources for [Journal] Adelaide Law Review. Vol. 19
Post 1957 After the repeal of the Aboriginals Ordinance 1918 (Cth), the Welfare Ordinance 1953 (Cth) was introduced. The Welfare Ordinance was carefully phrased so thal it did nol refer to Aboriginal people explicitly. However, in its operation it applied only to tbem. The Welfare Ordinance set out new criteria to allow for the remo val of ehildren, in effeet Aboriginal children, from their fanúlies. A declaration of ward status (the legal basis for a removal) was assessed according to the following eriteria: a person's manner of living; their inability without assistance to manage adequately their own affairs; their standard of social babit and behaviour; and their personal associations.
L s At the outset of Kruger, the Intemational eornrnission of Jurists (leJ) was refused leave 10 appear as arnieus. l 6 The Court refused the ICJ's application as it found there was no indication that the parties were unable or unwilling adequately to protect their own interests, nor that the intervention would assist the Coun to come to the correet determination. l s The issue of effeetive remedies remains problematic for the Stolen Generations 12 13 14 15 16 17 18 Charlesworth, "Alienating Osear" in Dallmeyer (ed), Reconceiving Reality: Women and fntemational Law (Studies in Transnational Legal Policy No 25, American Society of International Law, Washington OC 1993) p2.
The group was intensely fearfu1 of white people, particu1arly police, and Julia remembers them talking about the mas sacres a11 the time. The group felt safer coming in than staying out in the bush, where anything could happen and no-one would know or careo In about 1945 Julia and other children of mixed Aboriginal descent from Julia's group were rounded up from the vicinity of the town by a patro1 officer and walked to a mission about 40 kilometres away. The mother of one of the children later told Julia and others that sorne adults believed that the children were safer from white depredation at the mission, and so it was perceived al least by sorne as not a whol1y bad thing lhat lhey were there.