Western Australia has become the second state to be subject to an Australian Human Rights Commission complaint for the discriminatory removal of First Nations children from their families.

In what has been termed a "second Stolen Generation", the complaint against the Department of Communities (Communities) in WA alleges widespread racial discrimination by state governments over decades, resulting in the "unlawful and unjust" removal of Indigenous children from their families and community into state care.

It is also alleged there has been a failure by Communities to reunify those children with their families.

In one case, Lisa* was allegedly removed from her family by Communities at age seven and taken 600 km from her home. She was placed in ten different foster homes, suffering sexual and physical abuse, all of which was allegedly reported to Communities who did not follow up the complaints.

Lisa was abandoned by her foster family on her mother's doorstep aged 16; the with Communities allegedly not contacting the family for several years.

In another case, Heather*, had her children removed by Communities, despite suffering abuse at the hands of her partner and father of her kids. They were placed with a non-Indigenous family, allegedly disconnected from their family, culture and community. When she became pregnant again, Communities removed her child shortly after birth.

Both women continue to suffer from long-term trauma and depression as a result of these actions.

The complaint is the second filed by Shine Lawyers to the AHRC concerning a child protection department unlawfully removing Indigenous children, which may lead to a class action for concerned families.

The first complaint was lodged against the NSW Department of Communities and Justice in January.

The latest SNAICC Family Matters report highlights the significant over-representation of Indigenous children in out-of-home care (OOHC) in WA, at a rate of 19.7 times that of non-Indigenous children.

The state also sees the highest over-representation of First Nations children on long-term care orders in Australia. The prevalence of these orders resulted in up to 80 per cent of Indigenous children in OOHC in 2020-21 were not considered as having a possibility of reunification with their families.

Class actions special counsel, Caitlin Wilson, said Indigenous families across the country had been "torn apart in this modern-day Stolen Generation".

"Connections to culture and community have been severed and many will never recover from this unjust and unnecessary separation," she said.

"We hope that each claim in each State will set us on the path to file class actions for these marginalised families who will never know a life without the weight of this trauma."

A Communities spokesperson told National Indigenous Times it would be inappropriate" to comment on any matter before the AHRC.

"Communities does not tolerate racism in any form," the spokesperson said.

"Communities undertakes significant work to deliver better outcomes for Aboriginal people and to ensure Aboriginal people are included in shaping policy."

To be a part of this class action investigation, claimants must:   

- Identify as Aboriginal or Torres Strait Islander; and:  

- be an adult who was removed as a child by the relevant Department in NSW, Victoria, SA or WA on or after 5 March 1992; or  

- be a cultural parent or carer who has had a child/children in their care removed by the relevant department in NSW, Victoria, SA or WA on or after 5 March 1992; or  

- be a person who has otherwise experienced discrimination during their dealings with the relevant department in NSW, Victoria, SA or WA on or after 5 March 1992. 

The relevant Departments in each state are: 

- NSW – Department of Communities and Justice (DCJ); 

- Victoria – Department of Families, Fairness and Housing (DFFH);

- SA – Department of Child Protection (DCP);

- WA – Department of Communities (DOCS).

*Names changed to protect identity