EXCLUSIVE: Up to 40 indigenous Australians are preparing compensation claims against the Victorian government following this week's official apology.
The news comes after this morning's revelation in the
Herald Sun that Victorian man Neville Austin, 44, is planning to launch Victoria's first stolen generation claim.
His solicitors have briefed barrister Jack Rush QC, who was part of the legal team that won a $4 billion payout from James Hardie Industries for former workers exposed to lethal doses of asbestos.
But the head of Stolen Generations Victoria and Mr Austin's cousin, Lyn Austin, said while she could not comment on Mr Austin's case, dozens more were preparing similar claims.
"I cannot make comment on that case at all, but ... I do know that there are another 30 or 40 that are going to be doing a civil action claim,'' she told ABC Radio in Melbourne.
"They have a right to pursue a claim if they wish, they were removed through the policies that were upon them.''
Ms Austin said it was a person's prerogative to take civil action if they wished.
"It should be left for the courts and people to have that choice and make a choice of whether they take a civil claim individually or class action,'' she said.
Mr Austin's writ is yet to be filed with the court and does not nominate a payout figure, but claimants in other states have won between $350,000 and $500,000.
Fellow Victorian Bruce Trevorrow won $775,000 when a South Australian court ruled his removal from his family caused long-term depression.
Mr Rush confirmed he was representing Mr Austin in a stolen generation claim.
"I can say I represent him, but I can't talk about the case at all,'' he told AAP.
"We haven't issued it yet, but it's in the pipeline.''
Mr Rush said he has been working on the case with Mr Austin for 12 months.
However, he would not say how much compensation has been sought by Mr Austin or the nature of the case.
A spokesman for Victorian Aboriginal Affairs Minister Richard Wynne said the Government did not yet know the details of the claim.
"We have not received a writ from Mr Austin and cannot comment on the specifics of the case,'' spokesman Ben Ruse said.
"The Victorian Parliament made a bipartisan apology in 1997 and this was reiterated in 2000.
"No compensation has flowed from this apology and our position on compensation has not changed.''
Just a day after the Rudd Government's cashless apology, the
Herald Sun revealed that Mr Austin, 44, will launch the first stolen generation claim against the State.
Mr Austin says he was removed from his mother as a five-month-old after he was admitted to the Royal Children's Hospital with a chest infection.
Kristen Hilton, executive director of Public Interest Clearing House, which has been handling stolen generation claims, would not comment on Mr Austin's case but indicated litigation was under way.
"We see 'sorry', the gesture, as one part of the reparation process," she said.
"It acknowledges a wrong has been done and that wrong requires a remedy. We are investigating what remedy."
A writ has been drawn up but is yet to be filed with the courts.
It does not nominate a sum but stolen generation claimants in other jurisdictions have sought between $350,000 and $525,000.
Mr Austin, who told his story during the 2000 National Sorry Day celebrations, claims he was removed from his parents in 1964.
He says he spent the next 18 years in foster homes or orphanages where he was ostracised because of his skin colour.
He said people would say to him: "You're not different - drink more milk, scrub harder in the bath".
"I didn't even know what an Aboriginal was until I was 17," he said at the time.
Mr Austin says he has letters from his mother begging for his return. She died nine years after his 1982 release from state care.
In a public letter, he wrote: "Being Aboriginal was the sole reason I was taken away from a mother and family who loved me. It was all done in the name of assimilation, with the ultimate goal of ridding this country of its indigenous people."
Victorian Aboriginal Child Care Agency chief executive Muriel Bamblett said a state compensation fund would address concerns that urban Aborigines' plight was being overlooked.
"There is a real concern in Victoria we are not viewed as Aboriginal or part of the stolen generation process," she said. "A fund would generate a lot of goodwill."
Stolen Generations Alliance spokeswoman Karen Mundine said state-based compensation remained an option: "It's up to the states to decide."
Aboriginal Affairs minister Richard Wynne said the Victorian Parliament had already apologised to the stolen generations."No compensation has flowed from this," said spokesman Ben Ruse. "We support the national apology but our position on compensation has not changed."
WA will set up a fund for those abused in state care, including stolen generations members.
Queensland and NSW have rejected the idea; Tasmania has set aside $5 million for surviving stolen generations members and the children of those who have died.