Victoria Coroner Simon McGregor found Wednesday that the Australian state’s Department of Fairness, Families and Housing (DFFH) breached the human rights of a 17-year-old Aboriginal teenager who took her own life in July 2021 by ignoring her repeated requests to reconnect with her Aboriginal culture.

The teenager, known by the pseudonym XY, was a member of the Wemba Wemba community. She was removed from her family at the age of 13 and placed under departmental care in a residential unit operated by Anglicare Victoria. Despite her appeals to reunite with her mother and eight siblings, XY remained separated from her family.

In December 2020, XY wrote to child protection services, Anglicare Victoria and Bendigo District Aboriginal Corporation (BDAC), seeking to reconnect with her Aboriginal heritage. She stated:

I identify as a proud Wemba Wemba woman and would like the associated supported that a young Aboriginal female should be provided with further care. This is a human right. I would like support with connecting with my Aboriginal heritage, elders and community, and I would like the Aboriginal community to support me.

XY also expressed her dissatisfaction with her care:

I don’t feel supported by you, I don’t feel you have my best interest at heart, all of your options with housing Solomen [sic] Street was the most supportive, and place of least risk, you removed me from there which has only created more unnecessary stress on me and has taken a toll on my mental health, I just very much feel like you are providing unclear directions.

Despite being in contact with BDAC for counselling and cultural engagement for years, XY’s request was ignored. The DFFH’s response emphasised attending care team meetings and reiterating Child Protection procedures in decision-making. McGregor emphasised that “the evidence suggests that the Department failed to take XY’s views into account and thereby limited her right, because it was not in her best interests to not have her views taken into account.” McGregor deemed this failure “unlawful.”

While in care, XY disclosed physical and sexual abuse at home, which was subsequently reported to the police. Over four years, XY experienced seven care placements, ranging from two weeks to twelve months. During this time, XY suffered from disordered eating, suicidal ideation, self-harm, and substance misuse. Dr Belinda Jane Newton criticised the DFFH’s response to XY’s sexual assault allegation as it “lacked urgency and an appreciation for the seriousness of XY’s declining mental health and untreated child sexual abuse trauma.” Newton noted “large gaps in XY’s continuity of care for her mental health which were caused by casework decision-making”.

McGregor concluded that systemic issues at the time of XY’s passing, such as systemic racism and inadequate consideration of cultural safety, meant that the practices for Aboriginal children in the child protection system did not align with the principle of self-determination. Thus, McGregor issued 17 recommendations aimed at improving the care of Aboriginal and Torres Strait Islander children. These include reviewing DFFH practices and policies to provide more culturally connected care, transitioning all First Nations children in care to an Aboriginal Community-Controlled Organisation, providing cultural and anti-racism training involved in child protection, and employing more Indigenous workers in the Victoria Police.

McGregor’s recommendations align with the Balit Murray framework, a part of Victoria’s 10-Year Mental Health Plan, that emphasises Aboriginal self-determination to improve the mental health and well-being of Aboriginal people.

Aboriginal children in Victoria are over eight times more likely than non-Aboriginal children to be the subject of a child protection substantiation. This disparity highlights broader systemic issues faced by Indigenous communities, including significantly poorer mental health and safety outcomes compared to non-Indigenous people.