State Records Office of Western Australia
Title: Transcript of evidence 1934
Item 1 & Item 2
Aborigines Royal Commission 005-3
Tuesday, 13th March, 1934
H. D. Moseley, Esq., Commissioner.
AUBUR [sic] OCTAVIUS NEVILLE, Chief Protector of Aborigines, further examined:
Section 3 of the Act really provides which of those coloured persons is deemed to be an aboriginal, but it goes only a very little way, and so it is proposed to add after “Australia”, in paragraph (a), the words “of full blood or of not less than three-quarter blood of the aboriginal race of Australia”. You can have an octoroon aboriginal.
59. It involves quite a complex collection?—Yes, it is almost impossible. Then, by striking out paragraph (d), which refers to a half-caste child whose age apparently does not exceed 16 years, and by striking out all words after “express” in line 11.
60. That is the last paragraph of the section?—Yes. And we add instead “and includes any person of aboriginal blood in any degree deemed by the Minister to come within the meaning of this section”. The Minister can decide that any coloured person shall be deemed to be an aboriginal if he has aboriginal blood in him. That is the only provision which enables us to get over the whole of the coloured difficulty. That provision, I believe, has been made in the Northern Territory Ordinances. Section 4 is merely a consequential amendment, substituting the words “aboriginals and half-castes” for the word “aborigines”. It may be necessary to include the words “or persons subject to this Act” because I do not think the proposed words cover the coloured person entirely. Now the same applies to Section 6. Section 8 is very important. It defines who shall be wards of the Chief Protector. Under the old section every aboriginal and half-caste ohild were wards until 16 years of age. But “aboriginal” in that section, according to a ruling of the Crown
Law Dept, meant only “aboriginal” as defined in Section 2, not as defined in Section 3. It also excluded the rights of the mother of an illegitimate half-caste ohild, but did not exclude the rights of persons legally married, many of whom have no more idea of how to look after their ohildren than has the mother of an illegitimate child. Marriage, as we understand it, with the natives is
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something new. When the Act was passed there was no such thing as legal marriage amongst the natives, and so it was thought there would not be any difficulty in taking away the children of persons legally married. It is necessary that such power should be given for the sake of the children, and so this section is amended by inserting before the word “until” in line 2, the words “notwithstanding that the child has a parent or other relative living”. We also substitute the words “twenty-one” for the word “sixteen”; in other words we raise the guardianship age to 21. It is 18 in the Child Welfare Act and 21 in the Northern Territory Ordinances. It is very necessary that it should be made 21. We train our youngsters and send them out to employment, and when they have attained the age of 16, except in the matter of permits, they can snap their fingers at us … and they do. A half-caste boy or girl of 16 is certainly not competent to look after himself or herself. Constant trouble is occurring through this, and all the years of work we have spent on some of these children is thrown away because the guardianship age ceases at 16. This is a vital provision. In Section 9 the alteration is simply consistent with the previous section; the words “twenty-one” are used instead of “sixteen” in the first paragraph. At present a half-caste boy over 16, who does not live as a native, is not subject to employment under permit at all. It is very difficult to draw the line there. Section 12 of the Act gives power for the Minister to remove any aboriginal from one district to another, or to keep him within the boundaries of a reserve, etc. “District” is mentioned and so it is important that a district be defined. That refers only to the aboriginal, whereas very often it is a half-caste that requires to be removed. Under that section there is no power for the Chief Protector to remove a native suffering from disease to a hospital if he refuses to go. There has been an amendment of the Health Act authorising a medical man, if requested by the Chief Protector, to visit such a native and order him to hospital, but there is
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no power to compel that native to go. It is necessary that the department should have power to treat a native and convey him to hospital willy-nilly. So in that section we insert the words “or half-caste” after “aboriginal”. Presumably, after further consideration, it will include also the words “coloured persons generally”. Then, by inserting after “reserve”, in line 2, the words “settlement or other place, or to be removed to and kept in a hospital”. We have got over that difficulty a little by declaring the areas on which some of the hospitals are stationed to be reserves, but it is a very awkward method. Then we insert after “district” wherever it occurs in lines 3, 6 and 12, the words “or settlement or other place or hospital”. That is consequential.
61. “Settlement” is not used in the existing Act?—No, it was not thought of.
62. Then you had better tell them what “settlement” means?—Yes, it could be included under “Aboriginal institution”. It should include any institution conducted by the department or a mission. Of course it is provided that the Governor may proclaim any institution to come under the Act. Now it is proposed to insert a new section to stand as Section 13A as follows :— “The Chief Protector may appoint persons with authority to examine aborigines or half-castes suspected of being afflicted with disease, and to compel such aborigines or half-castes by such force as may be necessary to undergo examination or treatment accordingly”. There is at present no power to compel any native to submit himself or herself for examination. They frequently refuse to be examined. They run away from any person who they think is going to examine them, particularly if there is something the matter with them. A native never thinks he is sick until he has some pain. It is necessary that my officers should be in a position to examine natives when necessary. Frequently I have had to refuse to undertake examinations in various parts of the country because I had not this power.
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Those two sections give us all the authority necesaary to examine natives and put them in hospital. Once they enter hospital they find that the conditions are not as bad as they expected , and usually they respond to the treatment very well. Section 15 should be amended by inserting after the word “aboriginal” wherever it occurs the words “or half-caste”. It is essential that half-castes should be included because so many of the inmates of reserves and settlements are half-castes. A further amendment to Section 15 is the addition of a new paragraph reading —
“Harbours, transports or otherwise assists an aboriginal or half-caste in or after his removal.”
Runaways from our settlements are often picked up by itinerant lorry drivers, and taken to Perth or other places, and such runaways are sometimes harboured and fed. That adds considerably to our difficulties in recovering them. We desire power to proceed against such persons.
63. Section 17 should be amended by substituting the words “twenty-one” for the word “fourteen” to be consistent with what has already been suggested. Section 18 should be amended by inserting the words “aboriginals or half-castes” instead of the word “aborigines” in line 10, and the words “or half-caste” after the word “aboriginal” in line 13. We are seeking to include half-castes in numerous sections where they are not now mentioned. The reasons for this have already been given. Section 21 should be amended by substituting the words “twenty-one” for the word “fourteen”.
64. In Section 22, the words “twenty-one” should be substituted for “sixteen”. It would be quite inconsistent to leave the section as it is and amend the guardianship age. In Section 27, a consequential amendment is necessary, “twenty-one” being substituted for “sixteen”.
65. Section 28 refers to the powers of protectors in respect
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of demanding permits; In other words, investigating the position between employer end employee, I wish to include after “police officer” in paragraphs 1 and 2 the words “or officer appointed by the Chief Protector.” We have a number of girls in service and a number of youngsters in different forms of employment, and I may desire to employ a woman officer, possibly one attached to head office now, who could trovel around and make the necessary inspections and inquiries. At present there is no power to do that.
66. Section 33 is very important because it covers matters connected with the general care and protection of the property of aborigines and half-castes, but it is deficient in certain necessary provisions. We propose the insertion of a new paragraph 3 as follows : —
“Require a statement of all monetary transactions between the aboriginal and half-caste and any other person for the preceding three years, and such other person shall supply such statement to the Chief Protector on demand.”
Now and again I am appealed to by aborigines and half-castes to assist them in claiming the wages due to them. Their claims are not always right; in fact, they are more often wrong than right, but at present we have not sufficient power to compel an employer to disclose the transactions between the native and himself. Sometimes we find that the native has been taken down considerably, and we are perhaps able to get the matter rectified. In the event of any employer refusing to supply a statement, we have no redress. Another part of this clause presents difficulties. The proviso reads —
“Provided that the powers conferred by this section shall not be exercised without the consent of the aboriginal or half-caste, etc.”
We propose to insert after “exercised” the words “except in the case of minors”. I have known of instances of young children having been left considerable amounts of money, and the department has had no power to safeguard the money and it has simply been squandered. In some instances, sums running into thousands of pounds have been involved. If the aboriginal or half-caste…
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says he desires to look after his own affairs, we have no redress under that section, but we think we should have control in the case of minors. A further paragraph should be added as follows:-
“Any person who fails to supply a statement of account when required by the Chief Protector s0 to do and any person who wilfully makes any false statement in any such statement of account shall be guilty of an offence against this Act.”
Still another paragraph is desired —
“The Chief Protector may expend or apply any money in his possession or standing to the credit of any aboriginal or half-caste for his maintenance education advancement or benefit.”
Moneys in the way of wages and from other sources come into our possession. We hold those moneys for our charges, and expenditure is incurred in looking after them, boarding them, clothing them, etc. Though we actually do it through necessity, we have no power to withdraw money from their accounts and use it for those purposes without obtaining their consent on each occasion. To do that is not always possible because the individuals concerned may not be near us; they may be absent in the country.
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