Updates
The class action is progressing, and we filed an updated version of our claim (the Further Amended Statement of Claim) on 14 August 2026. The Department will now have to file their response, which is called the Defence, by 4 December 2026.
The parties will also appear before Justice Owens for a case management hearing on 12 February 2027 to decide on the next steps for the class action.
What is the NSW First Nations Child Removal Class Action about?
The class action alleges that the Department has engaged in unlawful discrimination of First Nations peoples by way of the Department's conduct in and the tools used in:
the investigation of parents or carers; and/or
the removal and placement of children away from their families, kin or community; and/or
failure to reunify children with their families.
This has caused ongoing hurt, harm, humiliation, and distress for First Nations communities, and a loss of connection to culture or cultural standing for the families that have been affected.
The focus of our class action is not on the reasons for removal itself, but on the conduct of the Department prior to and following the removal of a First Nations child from their family.
Can I join the NSW First Nations Child Removal Class Action?
There are three groups of people who may be eligible to join the class action. We call these groups:
Child Claim Group Members (First Nations people who were removed from their families as children);
Parent Claim Group Members (First Nations parents or carers who were investigated by the Department and/or had a child removed); and
Willing Carer Claim Group Members (First Nations people, such as grandparents, aunties, uncles and other kin, who applied or were nominated to care for a child who had been removed, but were not properly assessed or were refused).
You may belong to more than one group. The criteria for each group are set out below.
To be eligible to join the class action, the Department’s conduct must have occurred in NSW on or after 5 March 1992, and you must be:
A First Nations person who between 5 March 1992 and 31 January 2024 was a child who:
lived in NSW with a parent, guardian or carer in accordance with your Culture and practices;
was removed by the Department and placed into the care and responsibility of the Minister; and
suffered harm because of the removal, such as distress, hurt, humiliation, or loss of connection to Culture, community, identity, family or kin; OR
A First Nations parent or carer who between 5 March 1992 and 31 January 2024:
was investigated by the Department; and/or
had a child who meets the Child Group Member criteria outlined above; and
suffered harm because of the investigation or removal, such as distress, hurt or humiliation, loss of the ability to pass on Culture, or loss of the ability to fulfil cultural practices and traditions; OR
A First Nations person who, between 5 March 1992 and 31 January 2024, applied or was nominated to care for a child who meets the Child Group Member criteria outlined above and:
was not assessed by the Department in an adequate or timely manner or at all; and/or
had their application to care refused; and
as a result, suffered harm such as distress, hurt or humiliation, loss of the ability to pass on Culture, or loss of the ability to fulfil their cultural practices and traditions in caring for a child in the community.
If you meet one or more of the above criteria, you are encouraged to register for this class action.
If you had dealings with the Department in another state, you can join our:
How to register for the NSW First Nations Child Removal Class Action
To register on a confidential, no-cost, no-obligation basis, please click the button below and fill out the form.
Background
For thousands of generations, First Nations families and communities raised their children strong and safe in their culture. Today, First Nations children and young persons are significantly overrepresented at every point of the child safety system, from notifications to investigations, removals into out of home care, and permanent removals.
Despite multiple reviews and inquiries into the system of child protection over the last 30 years, the over-representation of First Nations children in out of home care has increased in every jurisdiction in Australia.
It is alleged that the widespread removal of First Nations children from their families – known as the Stolen Generations – has not ceased, but rather, has continued under the guise of policy and legislative intervention in each State.
Frequently Asked Questions
Where can I go if I need support?
Where can I go if I need support?
We understand that the issues raised in this class action can be triggering or distressing for those that have been impacted by the removal of a child, or who were themselves removed from their families as a child.
If you, or someone you know could use support, we encourage you to connect with 13YARN on 13 92 76 and talk with an Aboriginal or Torres Strait Islander Crisis Supporter. 13YARN are available 24 hours a day, seven days a week.
What are the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles?
What are the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles?
The Aboriginal and Torres Strait Islander Child Placement Principle (ACPP) recognises the importance of connections to family, community, culture and Country in child protection legislation, policy and practice.
The five core elements of the ACPP are: prevention, partnership, placement, participation and connection.
Placing children into out of home care in accordance with the ACPP revolves around a placement hierarchy:
with Aboriginal and/or Torres Strait Islander relatives or extended family members/kin;
with Aboriginal and/or Torres Strait Islander members of the child’s community;
with Aboriginal and/or Torres Strait Islander family-based carers; and
if the above options are not available, as a last resort, an Aboriginal and/or Torres Strait Islander child may be placed with a non-Aboriginal / non-Torres Strait Islander person.
The ACPP is reflected to varying degrees within the applicable State legislation.
It is alleged that the Department has failed to place First Nations children with other willing family members, and in doing so, failed to comply with the ACPP specifically.
What are the consequences of Aboriginal children being put into out of home care?
What are the consequences of Aboriginal children being put into out of home care?
Being deprived of the opportunity to have connection with extended family, kin and community damages Aboriginal peoples’ connection to culture, and negatively impacts all aspects of their lives. It leads to poor mental health, substance, eating and personality disorders, lower education attainment, higher levels of homelessness, higher rates of chronic health conditions and morbidity and higher suicide rates.
Will the Department know that I have registered for the class action?
Will the Department know that I have registered for the class action?
No. Signing up for the class action is confidential, and your details will be kept confidential by Shine Lawyers. They will not be disclosed to the Department (or anyone else) without your express permission.
Does it matter what the Department’s reasons for removal were?
Does it matter what the Department’s reasons for removal were?
We understand that in many cases, the Department is alleged to have been removing First Nations children from their families for trivial reasons, which is distressing. However, the reason for the removal (or your interaction with the Department) does not impact your ability to register for the class action. The class action looks at the Departments conduct at various stages and is not limited to removals only.
We are concerned with the impact of Departments’ policies and procedures on First Nations families before, during and after removal and in the ongoing case management – regardless of reasons for removal.
Can Shine Lawyers help me get my children back?
Can Shine Lawyers help me get my children back?
Unfortunately, Shine Lawyers are unable to assist or advise you with respect to any of your past, present or future interactions with the Department. The purpose of this class action is to shine a light on the injustices that Aboriginal and Torres Strait Islander children and families are experiencing directly as a result of their interaction with the child protection departments, and obtain compensation for children, parents and family members who we allege have been wronged by them.
Do I have to be the biological parent of a child that was removed to sign up for the class action?
Do I have to be the biological parent of a child that was removed to sign up for the class action?
No. We recognise that the First Nations kinship system and extended family structure is unique and pivotal to identity formation, cultural understanding and belonging.
As the First Nations family system is different to the nuclear or immediate family structure common in Western society, those vested with the caring responsibility of First Nations children extend beyond the immediate family group and may include aunts, uncles, cousins and grandparents.
These people, along with others who had the responsibility of caring for a First Nations child who was removed from their care, are eligible to register their interest in the class action.
I don’t identify as a First Nations person/s and I've suffered institutional abuse from the DCJ, DOCS, DCP, DFFH or a different government department
I don’t identify as a First Nations person/s and I've suffered institutional abuse from the DCJ, DOCS, DCP, DFFH or a different government department
If you, or someone you know has been impacted by the removal of a child by either:
the Department of Communities and Justice in New South Wales (DCJ)
the Department of Communities in Western Australia (DOCS)
the Department of Families, Fairness and Housing in Victoria (DFFH) and/or
the Department of Child Protection in South Australia (DCP)
and you don’t identify as a First Nations person/s, our expert abuse law team may also be able to help you with an institutional abuse law claim.
Similarly, if you, or someone you know has suffered mental, physical or sexual abuse by a member of another government department that hasn’t been mentioned, our expert abuse law team may also be able to help you with an abuse law claim.
To find out if you have an eligible claim, use our free online booking tool here.
What is a class action?
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
Does it cost anything to join a class action?
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone has access to justice regardless of their background or financial situation. We run our class actions in a way that means you are not exposed to any out-of-pocket costs or financial risk.
We have entered into a Litigation Funding Agreement (LFA) with CASL, an independent litigation funder. Under this agreement, CASL helps cover some of the costs of running the class action, including professional fees, court fees and other expenses.
If the case is successful, CASL will receive a fee or percentage of any compensation or settlement amount recovered in return. The Court will decide what amount is paid to CASL. If the class action is not successful, you will not have to pay anything.
How long do class actions take to resolve?
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Will my contact details be kept private?
Will my contact details be kept private?
Yes, your contact details will remain confidential.
Shine Lawyers will only use your personal information strictly for the purpose of any legal proceedings and in accordance with our Privacy Policy.
Meet the NSW First Nations Child Removal Class Action team
Shine Lawyers’ First Nations Child Removal Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
