Swan Valley Nyungah Community
Encyclopedia
The Swan Valley Nyungah (Noongar) Community was an Indigenous Australian community of Noongar
people at Lockridge, Western Australia
. In controversial circumstances, the Government of Western Australia
closed the settlement in 2003 by act of Parliament following allegations of widespread sexual abuse
, rape
and substance abuse
, after a 15-year-old girl, Susan Taylor, committed suicide in 1999.
The suicide was the subject of a coronial inquest, followed by the 2001 Gordon Inquiry into claims of family violence and child abuse in Western Australian Aboriginal communities. This led to the formation of a parliamentary select committee
which reported on matters surrounding the Community and its closure.
On 6 June 2008, Bella Bropho, on behalf of the Community, lost an appeal to the Federal Court
on the grounds that their eviction and loss of property was in breach of the Racial Discrimination Act 1975
. Bella Bropho is currently challenging the decision in the High Court of Australia
.
.
In 1977 several groups decided to make a stand at the Lockridge Campsite and in 1981 the people incorporated themselves as Fringedwellers of the Swan Valley Inc. The Fringedwellers began a series of protests asking the government to assist them with housing. During the 1980s the improvised huts and tents were replaced with government-supplied mining cabins.
On 19 July 1994 the Lockridge Campsite became the Swan Valley Nyungah Community when governor- general Michael Jeffery
, "by virtue of the provisions of Section 33(2) of the Land Act 1933", vested Reserve 43131 (Swan Location 11942) in the Swan Valley Nyungah Community Aboriginal Corporation for the designated purpose of "use and benefit of Aboriginal Inhabitants".) With federal-government funding, community members designed their own culturally appropriate and environmentally sensitive housing. The community started its own school which taught Indigenous content and had a good attendance record. The camp also had a good relationship with local police.
had offered her money for sex. Another witness said girls, including Susan, had told her that Bropho gave them paint to sniff and money in exchange for sex. Coroner Hope returned an open finding into her death but said that "it was likely she took her own life after years of sexual abuse, and said it was apparent there was widespread sexual abuse against young Aborigines [in the community]."
On 29 November 2001 the State Government called for Magistrate Sue Gordon
to lead an inquiry into child abuse and domestic violence in Aboriginal Communities in Western Australia
. Published on 31 July 2002 the report by the inquiry ran to over 640 pages and made 197 findings and recommendations. Finding #141 specifically named the Swan Valley Nyungah Community, recommending they "...develop Memoranda of Understanding (MOU) between the Swan Valley Nyoongar Community and those government agencies, which may reasonably seek access to that community".
appointed inquiry known as the "Select Committee on Reserves (Reserve 43131) Bill 2003". The inquiry report found that Premier Geoff Gallop
’s decision “to act rapidly, by-passing all normal processes, was justified on false information”. It also found that the Government “was not in a position to accommodate former residents of the SVNC quickly” and had “significantly underestimated the number of families and individuals requiring assistance”.
Sue Gordon, who was interviewed by the Select Committee and said: “I would not single out the Swan Valley Nyungah Community. That was just in the media the most because of Mr Bropho and the allegations against him. There are allegations against a lot of other so-called leaders but they do not get as much publicity”. Sue Gordon, who said the Swan Valley Nyungah Community was “an adequate and reasonably well maintained facility” also said "I do not think there are any similarities whatsoever between a management order and a memorandum of understanding”.
Other evidence submitted at the inquiry included that of Mr David Pedler, Acting Assistant Director, Regional Management, Department of Indigenous Affairs. Pedler submitted briefing notes regarding the proposed closure which said:
"The Bropho family are the only individuals that could be defined as 'permanent residents' of SVNC ..."; "The community is simply a facility that is dominated by the Bropho family, provides housing to selected transient people and provides office and other facilities, that cater solely for the activities of Mr Robert Bropho"; and "SVNC is essentially a closed community. The closed nature of the community is primarily achieved by dominance and intimidation of residents by the Bropho family."
Noongar
The Noongar are an indigenous Australian people who live in the south-west corner of Western Australia from Geraldton on the west coast to Esperance on the south coast...
people at Lockridge, Western Australia
Lockridge, Western Australia
Lockridge is a suburb of Perth, Western Australia, located in the City of Swan local government area....
. In controversial circumstances, the Government of Western Australia
Government of Western Australia
The formation of the Government of Western Australia is prescribed in its Constitution, which dates from 1890, although it has been amended many times since then...
closed the settlement in 2003 by act of Parliament following allegations of widespread sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and substance abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
, after a 15-year-old girl, Susan Taylor, committed suicide in 1999.
The suicide was the subject of a coronial inquest, followed by the 2001 Gordon Inquiry into claims of family violence and child abuse in Western Australian Aboriginal communities. This led to the formation of a parliamentary select committee
Select Committee on Reserves (Reserve 43131) Bill 2003
The Select Committee on Reserves Bill 2003 is an Australian select committee that investigated the eviction of the Swan Valley Nyungah Community from their traditional land through the use of the Reserves Bill 2003...
which reported on matters surrounding the Community and its closure.
On 6 June 2008, Bella Bropho, on behalf of the Community, lost an appeal to the Federal Court
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
on the grounds that their eviction and loss of property was in breach of the Racial Discrimination Act 1975
Racial Discrimination Act 1975
The Racial Discrimination Act 1975 is a statute passed by the Australian Parliament during the Prime Ministership of Labor Gough Whitlam....
. Bella Bropho is currently challenging the decision in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.
History
Archaeological evidence suggests that the area has been inhabited for at least 38,000 years. From the 1830s until the 1940s the land was owned by the Hammersley family, which allowed Aboriginal people to remain on their traditional campsite. In 1941 a group of Swan Valley Nyungah women purchased 20 acres (8.1 ha) of bushland bounded by Gallagher Street and Mary Crescent, Eden Hill. The local council refused their requests for water and applications to build housing so they camped in mia mias, bush breaks and tin camps and relied on water dug from their own wells. In the 1950s the area was resumed by the State Housing Commission for the creation of the suburb of Eden HillEden Hill, Western Australia
Eden Hill is a suburb of Perth, Western Australia, located within the Town of Bassendean.As of the 2006 Census, the total population was 3,520...
.
In 1977 several groups decided to make a stand at the Lockridge Campsite and in 1981 the people incorporated themselves as Fringedwellers of the Swan Valley Inc. The Fringedwellers began a series of protests asking the government to assist them with housing. During the 1980s the improvised huts and tents were replaced with government-supplied mining cabins.
On 19 July 1994 the Lockridge Campsite became the Swan Valley Nyungah Community when governor- general Michael Jeffery
Michael Jeffery
Major General Philip Michael Jeffery AC, CVO, MC was the 24th Governor-General of Australia , the first Australian career soldier to be appointed governor-general...
, "by virtue of the provisions of Section 33(2) of the Land Act 1933", vested Reserve 43131 (Swan Location 11942) in the Swan Valley Nyungah Community Aboriginal Corporation for the designated purpose of "use and benefit of Aboriginal Inhabitants".) With federal-government funding, community members designed their own culturally appropriate and environmentally sensitive housing. The community started its own school which taught Indigenous content and had a good attendance record. The camp also had a good relationship with local police.
Gordon Inquiry
On 12 February 1999 Susan Taylor was found hanged in the toilet block at the Swan Valley Nyungah Community. The State Coroner Alastair Hope conducted an inquest which heard evidence from one girl who said that Robert BrophoRobert Bropho
Robert Charles Bropho was an Australian Aboriginal rights activist and convicted serial child sex offender from Perth, Western Australia. He was convicted of multiple cases of child sexual abuse...
had offered her money for sex. Another witness said girls, including Susan, had told her that Bropho gave them paint to sniff and money in exchange for sex. Coroner Hope returned an open finding into her death but said that "it was likely she took her own life after years of sexual abuse, and said it was apparent there was widespread sexual abuse against young Aborigines [in the community]."
On 29 November 2001 the State Government called for Magistrate Sue Gordon
Sue Gordon
Dr. Sue Gordon, AM, is a retired indigenous Australian magistrate from Western Australia.Born at Belele Station, near Meekatharra, Western Australia in 1944, she was separated from her mother and family at the age of four and raised at Sister Kate's home in Queens Park, Western Australia...
to lead an inquiry into child abuse and domestic violence in Aboriginal Communities in Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
. Published on 31 July 2002 the report by the inquiry ran to over 640 pages and made 197 findings and recommendations. Finding #141 specifically named the Swan Valley Nyungah Community, recommending they "...develop Memoranda of Understanding (MOU) between the Swan Valley Nyoongar Community and those government agencies, which may reasonably seek access to that community".
Timelime of Closure
- 14 May 2003 Geoff GallopGeoff GallopGeoffrey Ian Gallop, AC is an Australian academic and former politician. He was the Premier of Western Australia from 2001 to 2006. He currently resides in Sydney.-Early life and education:...
, the Premier of Western AustraliaPremier of Western AustraliaThe Premier of Western Australia is the head of the executive government in the Australian State of Western Australia. The Premier has similar functions in Western Australia to those performed by the Prime Minister of Australia at the national level, subject to the different Constitutions...
, issued a media statement stating that the Swan Valley Nyungah Community was “a place of ruination and despair”. He said the camp should be closed because “allegations of abuse and violence continue to be made informally and through advocate groups”. The women and children of the community protested outside Parliament House and requested an opportunity to present their case to the Premier. The request was denied. - 15 May 2003 Gallop issued another media statement saying “The Gordon Inquiry raised a number of concerns about the Swan Valley Nyungah Community” and “There is only one course of action: the current Management Order must be revoked”.
- 16 May 2003 Robert BrophoRobert BrophoRobert Charles Bropho was an Australian Aboriginal rights activist and convicted serial child sex offender from Perth, Western Australia. He was convicted of multiple cases of child sexual abuse...
was charged with raping Lena Spratt in 1975. On the same day Bevan Carter, the deputy Mayor of the Town of BassendeanTown of BassendeanThe Town of Bassendean is a Local Government Area in the northeastern suburbs of the Western Australian capital city of Perth, located west of the industrial centre of Midland and about northeast of Perth's central business district...
, said he “suspected a link” between closure of the camp and government plans to develop the land. In The AustralianThe AustralianThe Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
an article by Paul Toohey reported that “The idea is to break Bropho’s grip on the community and put the residents into ordinary suburban housing”. - 17 May 2003 the new legislation was knocked back by the Liberal PartyLiberal Party of AustraliaThe Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
and the GreensAustralian GreensThe Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
. Former Attorney-GeneralAttorney-General of Western AustraliaThe Attorney-General of Western Australia is the member of the Government of Western Australia responsible for maintenance and improvement of Western Australia's system of law and justice. Before the advent of representative government in 1870, the title was Advocate-General of Western Australia...
Peter Foss, asked “Why would you chuck out the victims with the perpetrators? You can’t solve a social problem by kicking everybody out. The Government is kidding people if they think the only place in WA where child abuse and domestic violence is happening is the Swan Valley Nyungah Community. It’s happening everywhere. This is tokenism where the Government is pretending it is solving a problem and may in fact aggravate it”. - 22 May 2003 Indigenous Affairs Minister Alan CarpenterAlan CarpenterAlan John Carpenter is a former Australian politician. He was the 28th Premier of Western Australia, serving from 2006 to 2008. He took office following the resignation of Dr Geoff Gallop...
labelled the community “a tragic disgrace”. He said “We are living in the 21st century, yet a component of our society is living in the Dark Ages where people are routinely bashed, raped and possibly murdered including 2 year old children”. - 3 June 2003 the State Liberal Party reversed its opposition to the forced closure of the camp: “You will get this bill through parliament if you can give assurances as to the immediate care, the welfare, the safety, the protection, the housing of the people living in the Swan Valley community, both now and long term” After the Reserves (Reserve 43131) Act 2003 passed through Parliament the Opposition spokesman for Aboriginal Affairs, Derrick TomlinsonDerrick TomlinsonDerrick Gordon Tomlinson is a former Australian politician.Tomlinson was born at Subiaco and was a university lecturer before entering politics. He was elected to the Western Australian Legislative Council for East Metropolitan Region in 1989 for the Liberal Party. In 1990 he was appointed Shadow...
, resigned in protest. On 12 June 2003 GreensAustralian GreensThe Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
senator Jim ScottJim Scott (politician)James Alan "Jim" Scott is a former Australian politician.Born in Kellerberrin, Western Australia, he worked a theatrical set builder....
called for an inquiry into the Government’s use of legislation to close the community: “This is an incredibly serious piece of legislation in that it infringes on people’s rights in a way it has never been done before”. - 13 June 2003 the Swan Valley Nyungah Community was closed and police were given an order to remove any inhabitants from the reserve. State housing was arranged for several residents and others were forced to seek shelter elsewhere. Robert Bropho commenced a hunger strikeHunger strikeA hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
on the steps of Parliament HouseParliament House, PerthParliament House, Perth is located on Harvest Terrace in Perth, Western Australia. An important building of the Government of Western Australia, it is the home of the Parliament of Western Australia, including the Western Australian Legislative Council and Western Australian Legislative Assembly...
, protesting the closure. He said he would not eat until there was an inquiry into the Reserves Act. Bropho was arrested outside Parliament House on 20 June 2003 and charged with 9 counts of sexually assaulting his sister’s granddaughter. He told the media “There’s no fair trial for me here. I’m wondering if there is a safe court to go to in this state”. - 25 June 2003 Bropho ended his hunger strikeHunger strikeA hunger strike is a method of non-violent resistance or pressure in which participants fast as an act of political protest, or to provoke feelings of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most hunger strikers will take liquids but not...
with the establishment of the Upper House Select Committee Inquiry into the Reserves [Reserves 43131] Bill 2003, by the GreensAustralian GreensThe Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
, LiberalsLiberal Party of AustraliaThe Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
and the NationalsNational Party of Western AustraliaThe National Party of Western Australia is a political party in Western Australia. It is affiliated with the National Party of Australia but maintains a separate structure and identity....
.
Select Committee Inquiry
In 2003 and 2004, the closure was reviewed by a Legislative CouncilWestern Australian Legislative Council
The Legislative Council, or upper house, is one of the two chambers of parliament in the Australian state of Western Australia. Its central purpose is to act as a house of review for legislation passed through the lower house, the Legislative Assembly. It sits in Parliament House in the state...
appointed inquiry known as the "Select Committee on Reserves (Reserve 43131) Bill 2003". The inquiry report found that Premier Geoff Gallop
Geoff Gallop
Geoffrey Ian Gallop, AC is an Australian academic and former politician. He was the Premier of Western Australia from 2001 to 2006. He currently resides in Sydney.-Early life and education:...
’s decision “to act rapidly, by-passing all normal processes, was justified on false information”. It also found that the Government “was not in a position to accommodate former residents of the SVNC quickly” and had “significantly underestimated the number of families and individuals requiring assistance”.
Sue Gordon, who was interviewed by the Select Committee and said: “I would not single out the Swan Valley Nyungah Community. That was just in the media the most because of Mr Bropho and the allegations against him. There are allegations against a lot of other so-called leaders but they do not get as much publicity”. Sue Gordon, who said the Swan Valley Nyungah Community was “an adequate and reasonably well maintained facility” also said "I do not think there are any similarities whatsoever between a management order and a memorandum of understanding”.
Other evidence submitted at the inquiry included that of Mr David Pedler, Acting Assistant Director, Regional Management, Department of Indigenous Affairs. Pedler submitted briefing notes regarding the proposed closure which said:
"The Bropho family are the only individuals that could be defined as 'permanent residents' of SVNC ..."; "The community is simply a facility that is dominated by the Bropho family, provides housing to selected transient people and provides office and other facilities, that cater solely for the activities of Mr Robert Bropho"; and "SVNC is essentially a closed community. The closed nature of the community is primarily achieved by dominance and intimidation of residents by the Bropho family."