Victoria, Australia Coroner Simon McGregor found Wednesday that the state’s Department of Fairness, Families, and Housing (DFFH) breached the human rights of a 17-year-old Aboriginal teenager, who ended her life in July 2021, by neglecting her persistent requests to reconnect with her Aboriginal culture.
Identified by the pseudonym XY, the teenager was a Wemba Wemba community member placed under departmental care at 13 and housed in a unit operated by Anglicare Victoria. Despite her appeals to reunite with her family, including her mother and eight siblings, XY remained separated.
In December 2020, XY wrote to child protection services, Anglicare Victoria, and Bendigo District Aboriginal Corporation (BDAC) seeking to reconnect with her cultural roots. She explicitly mentioned her need as a “proud Wemba Wemba woman” to receive support to connect with her heritage, elders, and community. However, the DFFH’s response was limited to procedural reiterations and did not adequately address her requests.
McGregor highlighted that the Department’s failure to consider XY’s views was a breach of her rights, exacerbating her mental health struggles, including disordered eating, suicidal ideation, and substance misuse. He declared this failure “unlawful” and underscored the systemic issues, such as systemic racism and insufficient cultural safety considerations, that contributed to the inadequacies in her care.
This case is reflective of broader systemic challenges. Aboriginal children in Victoria are reported to be over eight times more likely than non-Aboriginal children to be involved in child protection substantiations. This disparity points to significant systemic issues affecting Indigenous communities, including poorer mental health and safety outcomes.
In response, McGregor issued 17 recommendations aimed at improving the care of Aboriginal and Torres Strait Islander children. Recommendations include transitioning all First Nations children in care to an Aboriginal Community-Controlled Organisation, cultural and anti-racism training for child protection involved staff, and increasing the employment of Indigenous workers within the Victoria Police. These recommendations align with the Balit Murray framework of Victoria’s 10-Year Mental Health Plan, which emphasizes Aboriginal self-determination.
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