Frequently Asked Questions

It has been the experience of the agencies working with the Stolen Generations that some questions arise again and again. This section will briefly answer these questions and refer you to other parts of Finding Your Story for further information. This material is taken from Chapter 6 of Finding Your Story. You can obtain the full publication from this page.

Finding my records
- How can I get a copy of my birth certificate?
- I was adopted in Victoria. Where are my records?
- I was adopted in another State, not Victoria. Where are my records?
- I was not adopted but other people cared for me. Would there be any records?
- I was a Ward of State. Where can I get my government records?
- How long will it take for me to get my records?
- Can I get copies of my records on the spot if I go to the agency which has them?
- How much does it cost to see your records?
- I am under eighteen years of age. Can I access my records?
- I was separated from my family as a child. How can I find out who my parents are?

Finding other peoples' records
- Can I access the records of my parents, grandparents, brother or sister or other relatives?
- How can I get the birth, death or marriage certificate of my parents and grandparents?

Who can help me?
- I am worried about what might be in my records. Can someone be with me when I look at them? I don’t want to go on my own to the place where the records are. Who can help me? If I get upset after seeing my records, is there anyone I can turn to who will understand my feelings and help me?

Once I have the records...
- Can I change the information on the records?
- Can I destroy the records once I have looked at them?
- I received my records, but some of the information was masked out. Why was this done?

Searching outside Victoria
- I was born in another State, not Victoria. Where can I get some information about my own or my parents’ birth, death or marriage?
- I was in a children’s home (or foster-care) in another State. Can anyone help me find my records?

Questions about the system
- Why are all the records not kept in one place?
- I live a long way from Melbourne. How can I access my records? Do I have to come to Melbourne?
- If I have to travel to Melbourne, will any of the organisations listed in Finding Your Story offer me travel assistance?
- If I am on a Centrelink payment or some type of pension, will this be taken into account if there are any processing fees?

Finding my records

How can I get a copy of my birth certificate?

You can apply in person for your Victorian birth certificate at the Registry of Births, Deaths and Marriages at 595 Collins Street Melbourne.You can also apply in writing or on-line. (See Chapter 12 for more information.)

If you were adopted in Victoria you can obtain a birth certificate in your adopted name from the Registry of Births, Deaths and Marriages.

If you were born interstate you will need to contact the Registry of Births, Deaths and Marriages in the State where you were born. Go to Chapter 15 for a listing of these agencies.

If you were adopted and you are over 18 years of age, you can obtain a copy of your original birth certificate, which will contain information about your birth parents. However, you must register with an adoption information service and attend an interview before you apply to the Registry of Birth, Deaths and Marriages for your original certificate (see page 41).

I was adopted in Victoria. Where are my records?

Adoption records are held by the Department of Human Services. Some non-government approved adoption agencies also hold adoption records. If you are searching for adoption records it is best to contact the Department of Human Services Adoption and Family Records Service (AFRS) initially. They will help you find both government and non-government adoption records including the records of church and community service agencies that were involved in arranging adoptions and which may have since closed. (See Chapter 8 for more information.)

I was adopted in another State, not Victoria. Where are my records?

Your adoption records will be held in the State where the adoption occurred. Each State has a special agency which can help you access your adoption records. The names and contact details of these agencies are in the interstate agencies listings on pages 95-102.

You can approach these agencies directly or you could contact the Victorian Department of Human Services Adoption and Family Records Service (See page 20 for details). They will help you to make contact with the interstate agency for your adoption records.

I was not adopted but other people cared for me. Would there be any records?

If you were placed in the care of others through an informal arrangement between your parents and a relative or friend of the family, then there are unlikely to be any official records. If you were cared for by a children’s home, or in a family group home or foster care then it is more likely that records will be available. Finding Your Story provides some pointers for thinking about your time in care before you approach an agency for help to find records. The agencies listed in Chapter 5, Getting Help, will be able to start you on the journey to finding your records.

I was a Ward of State. Where can I get my government records?

Access to the records of Victorian Wards of State is managed by the Department of Human Services. The Department’s Adoption and Family Records Service has a special responsibility to help ex-Wards of State gain access to their records. Go to Chapter 5 for more information.

The Department also holds the records of youth trainees (Ward and non-Ward) and young people placed on probation and parole as well as the records of children and young people who were involved with other Departmental services. These records can be accessed through the Department’s Freedom of Information Unit.

How long will it take for me to get my records?

It shouldn’t take longer than six weeks for you to see your records. In most cases it will take much less time. Some small agencies could make records available to you within a few days of you making contact with them. Larger agencies that have a larger number of records, some of which may be stored off-site, need more time to find the files, assess and prepare them. All agencies must meet Freedom of Information or Information Privacy legislation requirements. They will also need to arrange a time for you to read the records and receive copies of your personal information.

Can I get copies of my records on the spot if I go to the agency which has them?

No, you cannot visit the agency which has your records and expect them to give you copies of your records without contacting them first. In most cases you will need to make a formal application in writing or in person to the agency. You will also need to provide identification so that the agency knows it is giving the records to the right person.

For records from the Department of Human Services (e.g.Ward of State records), after the agency has received your written request for information, the records will be prepared for release to you.

Some agencies may offer the option of viewing the original file, but if you would like to do this, you may wish to request this in your application.

How much does it cost to see your records?

The Bringing Them Home report urged agencies not to charge people from the Stolen Generations searching for their records. The Department of Human Services will waive Freedom of Information fees if you can prove financial hardship (e.g. if you have a health care or pension card). There is no charge to access Wardship or adoption records or for assistance from the Department’s Adoption and Family Records Service.

Almost all of the community service agencies contacted said that members of the Stolen Generations would not be charged to access their records.

I am under eighteen years of age. Can I access my records?

You need to be over eighteen years of age to apply for a copy of your original birth certificate. If you are under eighteen, a parent, legal custodian or guardian must apply for you. They will be required to provide proof of identity. If you were adopted you need to be over eighteen to obtain a copy of your original birth certificate.

Most community service agencies will allow you to access your personal records even if you are under eighteen years.

If you are under eighteen you can apply for personal information held by any Government agency under Freedom of Information provisions.

I was separated from my family as a child. How can I find out who my parents are?

It is best to contact one of the agencies listed in Chapter 5 Getting Help (see pages 19-21). These agencies have a lot of experience in searching for relatives and can provide you with a good deal of practical help and support. They will help you explore welfare records, birth, death and marriage records, electoral rolls and many other sources of information which may lead you to your parents or at least information about them.

Finding other peoples’ records

Can I access the records of my parents, grandparents, brother or sister or other relatives?

Under FOI and Information Privacy legislation, you may be able to access information relating to your relatives; however this is assessed on a case-by-case basis and depends on the circumstances. Some information from adoption records may be accessed by birth relatives.You may need to provide proof of your relationship to the other person and/or their written consent. If the other person has died and you are not the next of kin, you may need to provide the written consent of their next of kin.

Many of the agencies holding records will provide you with basic information to assist in family tracing, but they will not allow you to look at personal records without the permission of the person who is the subject of the records.

The Memorandum of Understanding between the National Archives of Australia (NAA) and the Victorian Aboriginal Child Care Agency (VACCA) is an exception. This arrangement allows sensitive personal information that would normally be exempt from public access under the Commonwealth Archives Act 1983 to be available to the subject of the record or to family members for the purposes of re-establishing family and community links. See Chapter 12 under Memorandum of Understanding with the Victorian Aboriginal Child Care Agency (VACCA). See page 76 for more information on the Memorandum of Understanding.

How can I get the birth, death or marriage certificate of my parents and grandparents?

You will need to make an application to the Government agency which keeps these records in the State in hich the birth, death or marriage occurred. (See page 71 for information for Victoria and pages 95-102 for interstate agencies.)

Depending on which certificate is required and whether any restrictions apply to access to the records, you may need to provide evidence of your relationship to the person who is the subject of your inquiry.

The agencies in the Getting Help section of Finding Your Story can assist you to find the birth, death and marriage certificates of your parents and grandparents.

Who can help me?

I am worried about what might be in my records. Can someone be with me when I look at them? I don’t want to go on my own to the place where the records are. Who can help me? If I get upset after seeing my records, is there anyone I can turn to who will understand my feelings and help me?

Some people may find the information in their files distressing or that reading the file triggers deep emotional memories of their time in care.

Most of the agencies holding personal welfare records will either provide counselling or support when you look at your records or refer to you to an appropriate counselling and support service. You can also ask a family member or friend to go with you when you visit the agency to obtain the records. Agencies such as Link-Up Victoria, the Koorie Heritage Trust, the Aboriginal Family Counselling Service and your local Aboriginal cooperative can also provide support. (See pages 22-4 for contact details.)

The Department of Human Services Adoption and Family Records Service provides similar support and counselling to ex-Wards and people who were adopted and to birth relatives when they request access to records. The Department encourages applicants for information to use the support of a family member or friend when receiving their records if they wish to do so.

Public Record Office Victoria and the Melbourne office of the National Archives of Australia employ an Indigenous Reference Officer who can assist you to access personal records held in their collections.

Once I have my records …

Can I change the information on the records?

If you believe the records to be inaccurate, the FOI Act provides people with the right to add to or amend records relating to yourself.

Firstly, you need to make a request in writing for the records to be amended, or added to so that extra information is included in the records.You should ask an FOI officer to help you make this request so that it satisfies the requirements of the FOI Act.

Usually the records will have a notation added to them rather than be amended. This is because of the strict rules around the destruction and deletion of records under the Victorian Public Records Act 1973.

The Department of Human Services generally encourages and supports individuals adding information to records in order to create a balanced representation of a person’s experiences. Under the FOI Act, inaccurate
information can only be deleted or destroyed with the approval of Public Record Office Victoria, the archives of the State Government of Victoria.

Can I destroy the records once I have looked at them?

You cannot destroy original files, as these are the property of the agency which created them.You can destroy any photocopied material given to you by the agency if you wish, but the original documents will remain on the file.

Some files held by Government and community service agencies are destroyed from time to time in accordance with official records storage and destruction policies, however, most agencies are now keeping client files for long periods of time.

Some files (e.g.:Ward of State files and court adoption records) can never be destroyed.

I received my records, but some of the information was masked out. Why was this done?

Under FOI, you have a right to apply for information held by State government agencies, however personal information relating to someone other than yourself may be exempt from release if it is considered to be unreasonable to release. The National Archives of Australia follows a similar procedure, in accordance with the Archives Act 1983. This information is usually blacked-out of the file or in the documents you will receive. (See page 66 for further information on FOI and Information Privacy provisions and administration.)

Searching outside Victoria

I was born in another State, not Victoria. Where can I get some information about my own or my parents’ birth, death or marriage?

Finding Your Story lists the agencies responsible for issuing birth, death and marriage certificates in each State. (See pages 95-102)

Some agencies have a website which will outline the procedure for applying to obtain the certificates. Remember, there will be some restrictions on which certificates you can receive without the permission of your parents, or evidence that they have died and that you are their next-of-kin.

I was in a children’s home (or foster-care) in another State. Can anyone help me find my records?

The interstate listings from pages 95-102 have the name and contact details of the Government agencies who deal with requests for information from people who were adopted or were in Government care. The agencies listed in the Getting Help section can help you make contact with the appropriate interstate agency.

Questions about the system

Why are all the records not kept in one place?

Records are not all kept in the one place because your files were created by different agencies at different times. State government files are initially held by the Department that created them. Records that are to be kept forever are then transferred to Public Record Office Victoria for permanent storage.

Other files created by the Commonwealth Government are held by the National Archives of Australia.

Community services and Church agency client files remain the property of the agency that created them. Some agencies prefer to keep these files in their own archives; others pass them on to the State Library of Victoria or in rare cases, the Department of Human Services. If an agency no longer exists they may have chosen to place their non-adoption records in the State Library of Victoria or with the Department. If a community service or church agency ceases to be an approved adoption service they are required by the Adoption Act to transfer their records to DHS. If they continue to arrange adoptions they may choose to keep these records in their own archives along with other non-adoption records such as foster care records.

Unfortunately, there is no single index or listing of client files which covers all Departmental and non-Government agencies.You may need to approach a number of agencies to obtain a complete picture of your time in care.

I live a long way from Melbourne. How can I access my records? Do I have to come to Melbourne?

In most cases your personal records can be posted to you once you have made an application and your identity has been verified. The community service and government agencies will also try to arrange local counselling and support for you when you read your file if you feel you need this.Your local Aboriginal cooperative may be able to help you with your application and provide support when your information arrives.

If I have to travel to Melbourne, will any of the organisations listed in Finding Your Story offer me travel assistance?

Link-Up may provide assistance with travel. Assistance regarding intra-state travel, that is, from a country area to the office of Link-Up Victoria, will be based on client need and circumstance and will also be at the sole
discretion of the Link-up Program Coordinator.

If I am on a Centrelink payment or some type of pension, will this be taken into account if there are any processing fees?

Yes, it will. Most of the community service agencies holding records will not charge a fee to Indigenous people seeking access to their personal records. The agencies listed in Finding Your Story’s Getting Help section do not charge fees for their services.

If you are applying for adoption information, or access to government records under Freedom of Information, the normal fees are waived.You can make an application to have the normal fees waived when applying for birth, death and marriage certificates. The fact that you are on a Centrelink payment is sufficient evidence of possible financial hardship, and any fees will be waived.

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