The Experience of Indigenous
Victorians relating to birth
registration and birth
certificates
Dr Paula Gerber
Background
• In Victoria, in 2008, 2.5% of all births were
not registered.
• This equates to 1,841 children.
• It is not known what percentage of these
are Indigenous children, but the majority of
the unregistered births come from
geographical regions with high Indigenous
populations.
Background cont.
• In Australia, in 2005, of the 9,900 children
born to Indigenous mothers, 13% (1,300
children) were not registered.
• Therefore, the problem of non-registration
of Indigenous births appears likely to be
even bigger in other states and territories.
Background cont.
Two distinct, but related issues:
1. Birth was not registered so no certificate
is available; and
2. Birth registered, but birth certificate not
obtained at the time, and cannot now be
obtained because of:
(a) inability to satisfy ID requirements;
and/or
(b) inability to pay fees.
Involvement of the
Castan Centre for
Human Rights Law
• Issue brought to Centre’s attention in
early 2009 by Thomas Kane, a Director
of PLAN Australia.
• Centre has since that time been
researching the applicable law, both
international and domestic.
Work to Date
Publications:
• Orenstein, Joel ‘The Difficulties Faced by
Aboriginal Victorians in Obtaining Identification’
(2008) 7(8) Indigenous Law Bulletin 14.
• Gerber, Paula ‘Making Visible the Problem of
Invisibility’ (2009) 83(10) Law Institute Journal 52.
• Gerber, Paula ‘Making Indigenous Australians
‘Disappear’: Problems arising from our Birth
Registration Systems’ (2009) 34(3) Alternative Law
Journal 157.
This Symposium
Castan Centre has brought together leading
experts on this issue to discuss the problem
and explore solutions:
– Elaine Terrick, Indigenous woman born in
Bairnsdale;
– Joel Orenstain, Solicitor, Bairnsdale;
– Glenn Bond, Program Effectiveness Manager,
PLAN Australia; and
– Frank Guivara, CEO, Victorian Aboriginal Legal
Service.
Future Tasks
• In 2010, the Castan Centre will be submitting
an application for an ARC Linkage Grant to
conduct empirical research to identify the
extent of the problem across Australia, the
underlying causes, and possible solutions.
• Industry partners to date include:
– PLAN Australia;
– Victorian Aboriginal Legal Service; and
– Tangentyere Council (Alice Springs).
Future Tasks cont.
• Continue to raise awareness of this issue
through publications in Australian and
international journals.
• Undertake research about the application of
the Victorian Charter of Human Rights and
Responsibilities Act (2006) to this problem.
• Lobby governments for appropriate
legislative reform.
Castan Centre’s Aims
To ensure that within a few years,
there are laws and systems in
place which ensure that:
– all future births of Indigenous Australian are
registered, and a birth certificate issued;
– all historical births which were not registered,
are registered, and a certificate issued;
– all Indigenous Australians can readily obtain
a copy of their birth certificate so that they
can fully participate in society; and
– There are remedies available if these rights
are violated.
Elaine Terrick
• Elaine is an Indigenous artist from East Gippsland.
• She was born in Bairnsdale and has a connection
to the Wurundjeri people through her father and to
the Bidawal people on her mother's side.
• She is an accomplished basket weaver, and has
exhibited extensively in Melbourne, Sydney, New
Zealand and Fiji.
• Elaine won a Rural Indigenous Artist Award in
2007 from Regional Arts Victoria for sharing
basket making and culture.