A WA parliamentary question scrutinizes the government's Stolen Wages ex gratia payment scheme for Aboriginal people, focusing on eligibility criteria, payment amounts, and administration. The response reveals limitations in record-keeping and clarifies the program's scope and funding.

AnsweredQoN 7447Legislative Assembly
Asked
20 March 2012
Portfolio
Indigenous Affairs

QuestionView source ↗

(1) I refer to the Minister's media release dated 6 March 2012 titled Government to act on Stolen Wages, and ask:
(a) how did the Minister arrive at the figure of $2,000;
(b) why is the ex gratia payment limited only to those people born before 1958;
(c) why is the ex gratia payment limited only to Aboriginal people who are still living;
(d) why has the payment been limited to those Aboriginal people who were resident of a Western Australian Government Native Welfare Settlement;
(e) are Aboriginal people who were resident on Missions only (e.g. Jigalong, Karalundi, New Norcia and Mount Margaret) entitled to an ex gratia payment;
(f) what is the expected number of applications for the ex gratia payment;
(g) does the Minister have an estimate of the number of deceased Aboriginal people who had their wages stolen;
(h) what information will be required in the Statutory declaration for the Government to agree to provide an ex gratia payment;
(i) what are the resources that have been allocated to administer this program;
(j) what level of proof will be required to satisfy the Government that individual Aboriginal people were affected and, therefore, entitled to an ex gratia payment;
(k) will the Government consider payments of monies to any person who can prove that they had wages stolen greater than $2000; and
(l) what are the obligations of Aboriginal people who accept an ex gratia payment under this program?
(2) I refer to the Western Australian Stolen Wages Taskforce report titled
Reconciling the Past
and note that at page 20 the Public Trustee was required to give the Aboriginal Affairs Planning Authority (AAPA) certain monies in its possession, and I ask:
(a) what is the total amount of money given by the Public Trustee to the AAPA;
(b) from how many accounts were monies transferred from the Public Trustee to the AAPA; and
(c) what is the current status of these monies?
(3) I refer to the Western Australian Stolen Wages Taskforce report titled
Reconciling the Past
and note that on page 26 it states that control over Aboriginal people by the State Government also included some people working outside Settlements who came under the control of the Department for reasons other than living on Government Settlements, and I ask:
(a) how many people are estimated to be included in this category; and
(b) are these people entitled to an ex gratia payment as set out in the Minister's media release, and if not, why not?

AnswerView source ↗

Answered
2 May 2012
Responded by
Parliamentary Secretary representing the Minister for Indigenous Affairs
Response time
43 days
(1)(a) The State Government's response to the issue of Stolen Wages is largely based on advice from the Stolen Wages Taskforce, which found that, as a result of the complexity of trust accounts in Western Australia, the lack of surviving records and the passage of time, it would not be possible for the State Government to identify and repay the actual amount of monies that were withheld from each person. The $2,000 ex gratia payment offered is not an attempt to repay wages that were withheld, but an acknowledgement by the State Government that the practice of stolen wages did occur.
(b) The ex gratia payment is intended for Aboriginal people who were of working age, that is, 14 years or older, during the time State Government legislation allowed for wages to be withheld i.e. 1905 to 1972. Aboriginal people born in, or after, 1958 would not have been of working age whilst the practice of withholding wages occurred.
(c) Given the lack of detailed records, it is not possible to find absolute proof about who may have had wages withheld by the Government or how much money may have been involved. The ex gratia payment will be made to people who can support their application with a Statutory Declaration confirming their wages were withheld by Government.
(d) The Stolen Wages Taskforce Report found that the practice of withholding wages was most prevalent at Western Australian Government Native Welfare Settlements. However Aboriginal people who may have also had their wages withheld by Government at welfare institutions such as missions are permitted to submit an application.
(e) Entitlement for the ex gratia payment will be determined by the submission and assessment of an application.
(f) Approximately 1500.
(g) No.
(h) Name; address and contact details; date of birth; name of institution(s) and dates of residency; proof of identification; that the applicant experienced direct Western Australian Government control over their income; and all or part of their income was withheld and not repaid.
(i) The program is being administered through existing resources within the Department of Indigenous Affairs.
(j) Proof of entitlement will be assessed through applicants providing: a signed Statutory Declaration that lists the institution(s) and dates of residency, and a statement that wages were held by Government and not repaid; the date of birth of the applicant; copies of two forms of certified identification, or, two Statutory Declarations signed by two independent referees who can vouch for the identity of the applicant.
(k) The ex gratia payment will not exceed $2,000 per individual.
(l) Unlike other states, there are no obligations that apply to Aboriginal people who accept an ex gratia payment under the program.
(2)(a) The total amount of money from the Public Trustee cannot be determined as the State Government is required to only retain financial records for six years after successful audit. As at 29 March 2012 the balance of funds in the AAPA Intestate account was $64,957.
(b) The general process is that one account is used by the Public Trustee to transfer monies under section 35 of the AAPA to the Intestate account.
(c) Monies from the AAPA Intestate account are used to subsidise the funerals of Aboriginal people to a maximum value of $500.
(3)(a) Unknown.
(b) Entitlement for the ex gratia payment will be determined by the submission and assessment of an application
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