Frequently Asked Questions
What is the Aboriginal Trust Fund Repayment Scheme (ATFRS) and what does it do?
The Aboriginal Trust Fund Repayment Scheme (the ATFRS for short) is a NSW Government initiative which was established in 2004 to repay to Aboriginal people and their descendants money that was put into Trust Funds and never repaid.
From the late 1890s up until 1969, the Aborigines Protection Board and later the Aborigines Welfare Board collected monies from some Aboriginal people who came under their control and put this money into ‘Trust Accounts’ for them. These were accounts that the Boards controlled; they determined how much of an apprentice’s wages or child endowment should be deposited and how much money could be withdrawn.
What is the ATFRS Panel, who is on it and what is their role?
The ATFRS has an Indigenous advisory Panel which was set up by the NSW Government and consists of Mr Aden Ridgeway (Chair), Ms Robynne Quiggin and Mr Sam Jeffries. The Panel provides advice to the Government on the operation of the Scheme and reviews claims that are made under the Scheme.
The Panel normally meets 12 times a year and plays a vital role in the determination of repayments. It can review claims and meet with claimants to hear additional oral evidence or consider written evidence from claimants and makes recommendations to the Minister for Aboriginal Affairs about repayments.
Is this a compensation scheme for ‘stolen wages’ for Aboriginal people?
No, the ATFRS is not a compensation scheme – it is an evidence based Scheme which has been set up to repay people who had money put into Trust Fund accounts for them by the Boards and who never had this money repaid.
I heard that there have been changes to the Scheme, what are they?
The ATFRS has been officially operating since July 2005. Recently the NSW Government announced that it will be making some changes to the Scheme.
The changes announced by the Minister for Aboriginal Affairs, Paul Lynch MP, will build on the Scheme’s achievements and will ensure the more efficient operation of the Scheme in repaying monies fairly. These changes are:
- The closing date for applications to the Scheme is 31 May 2009, although it will continue to operate for at least 12 months after that date. No new claimants or applications will be accepted after 31 May 2009.
- Where money is found to be owing to eligible direct claimants registered with the Scheme, an ex gratia repayment of $11,000 will be made.
- In relation to descendant claims, if a repayment is assessed as being owed an ex gratia repayment of $11,000 will be distributed to eligible living family members as follows, but only to the family members who have registered with the Scheme by 31 May 2009:
- If there is no will, the repayment will be made to a spouse (including a de facto partner) who had been living with the deceased for at least 2 years at the time of their death if they have registered with the Scheme.
- If there is no spouse alive (or registered) then the repayment is distributed in equal shares between the living children of the deceased person who have registered with the Scheme.
- If the spouse and children of the deceased Trust Fund holder have also died (or have not registered) then the money will be distributed in equal shares to the living grandchildren of the deceased person who have registered with the Scheme.
My claim has already been processed – will the changes affect me?
To ensure the Scheme is as fair and equitable to all claimants as possible, the NSW Government has decided that any claimant who has received a repayment of less than $11,000 will have their repayment topped up to this amount.
In addition, all claims which were previously unsuccessful are being reassessed to see whether money is owed under the recent changes to the Scheme.
What do I need to do to get the top-up payment or to get my unsuccessful claim re-assessed?
Nothing. If we need further information we will contact you.
Why has the ATFRS changed?
The Government has heard the concerns of the community and listened to the ATFRS Panel, who identified a number of issues which were impacting the Scheme and diminishing its effectiveness.
The main issues were problems with the records and processing of descendant claims. The old records of the AWB or APB often lack sufficient information, or in many cases are non existent, and this creates difficulties for Aboriginal people making claims, especially those who were removed and placed in institutions by the Board.
As well, the processing of descendant claims proved to be extremely complex and time-consuming, because of the large number of possible descendants that needed to be identified and located.
Under the old Guidelines for the Scheme, claims could not be finalised until all the descendants identified in a Births, Deaths and Marriages check had been located and contacted, and this proved to be an insurmountable difficulty in repaying eligible claims.
The changes will address these challenges and will make the process fairer and faster for Aboriginal people affected.
Am I eligible to make a claim with the ATFRS?
- Aboriginal people (or their descendants) who came under the jurisdiction of the NSW Aborigines Protection Board (APB) or the Aborigines Welfare Board (AWB) are eligible to make a claim.
- Aboriginal people whose money was put into Trust Funds operated by either of the Boards between 1900 and 1969, which was never repaid, are also eligible.
- Only those Aboriginal people who have registered their applications before 31st May 2009 with the ATFRS are eligible.
In addition, it’s important to know:
- Only people who are registered with the Scheme will be entitled to a part of the repayment in cases where claims are successful. This means that ALL the eligible family members must be registered. The ATFRS encourages claimants lodging claims to contact family members to tell them you have lodged a claim and to make sure that they are registered too.
- In the case of a descendant claim, family members who are registered with the Scheme can ask the ATFRS Panel to consider a Family Agreement for the distribution of any money owed.
Do I still maintain my legal rights?
The Scheme does not require people who receive a repayment to sign away their legal rights. You have the right to seek your own legal advice if you are not satisfied with the outcome of the ATFRS process.
How do I make a claim?
To make a claim you will need to complete the relevant form which can be obtained by visiting the Scheme’s website at www.atfrs.nsw.gov.au and downloading a form. Once you complete the form, fax it to the ATFRS Fax Number: (02) 8243 9466. Or post it to the ATFRS at GPO Box 5341, Sydney NSW, 2001.
Alternatively, you can call the ATFRS free call number: 1800 765 889 and talk to a Project Officer about how to register with the Scheme.
Don’t forget that the Scheme’s closing date is 31 May 2009 and that no registrations or applications will be accepted after that date. The Scheme will continue processing claims for at least 12 months after that date.
For more information about the ATFRS, eligibility or registrations visit www.atfrs.nsw.gov.au.
How long is this Scheme expected to run? What happens if my claim isn’t dealt with by that time?
When setting up the Scheme the Government stated that it would be in operation for up to five years and all claims that are registered will be dealt with. The closing date for applications to the Scheme has been extended until 31 May 2009, although the Scheme will be in operation until 2010 to finish processing claims.
How will I be informed about the status or outcome of my claim?
If you are registered with the ATFRS a letter will be sent to inform you of the outcome of the claim or claims you have made.
Who can I speak to if I have questions about the form or just need some help filling it in?
The ATFRS Project Officers are happy to provide information and assistance to claimants and can be contacted on the ATFRS free call number 1800 765 889.
If you are filling out a descendant form, we know it might be difficult for you to know the answers to all the questions. For example you might not know your relative’s exact date of birth or death. If this is the case it is sufficient if you can give us an approximate date or even the decade of their birth or death, ie they were born in the 1920s.
The ATFRS is also very aware that it can be very difficult making a decision about something so important and the claim process may bring up some very painful memories and feelings for claimants.
The ATFRS has funded Link-Up NSW to provide practical and counselling assistance to claimants should they wish to utilise the service. Link-Up can be contacted at any time on 1800 624 332. All discussions concerning individual claims will be treated with the utmost confidentiality by the Link-Up counsellors.
For further assistance and information about the changes to the ATFRS or registrations call 1800 765 889 or visit www.atfrs.nsw.gov.au.