Anger over stolen generation claim payout

By PETER ROWE

Angry stolen generations claimants have hit out after a class action they were part of will see them receive s little as $3000 each from a $50.45 million settlement.

The law firm representing the NT claimants said it had distributed money in accordance with a scheme approved in court, but it has been revealed that $11 million has gone on legal fees and insurance.

Claimants are now calling for more Federal government regulation and support over how class actions are managed.

Shine Lawyers in 2022 argued that by causing distress and harm to children forcibly removed between 1912 and 1973, the Federal government breached its duty of care not just to them, but also to their siblings and carers.

The law firm were also successful arguing that spouses and children of that Stolen Generation who had died should receive some form of compensation.

Some claimants may get nothing, a decision that has angered many.

“They led us along, because we all filled out the forms, and in the last week before the money was meant to be paid out, they told us we were ineligible,” claimant Doug Shields told the ABC.

Shine in a statement said it was “aware that some registered representatives are unhappy with the outcome of the eligibility assessments”, but added: “Settlement money in this class action is awarded to the estate of the deceased group member who was a removed child … or living in a close relationship with the child at the time they were removed.”

The law firm said the compensation mirrored the inheritance laws of the Territory.

NT laws state any money should go to a person’s executor – and no one else.

If there is no will, any money is granted to the person’s spouse, or their children if there is no spouse.

“Which is why registered children of members of the Stolen Generations are not automatically entitled to receive settlement money,” the law firm’s statement said.

The ‘legalese’ of the claim has confused many claimants, some saying the amounts being paid out were an insult.

Indigenous Australians Minister Malarndirri McCarthy said the the Commonwealth wasn’t involved in the administration of the settlement distribution.

She added though that they would “closely monitor the matter”.