1KRUGER V COMMONWEALTHThe case of Kruger v Commonwealth is also referred to as the stolen generation casein this case a challenge regarding the validity of legislation applicable in the north territoryduring the year 1918 to 1957 was rejected by the High Court which authorised purportedlythe removal of aboriginal children from their families. The case took place in the high courtof Australia and was presided over by Brennan CJ, Toohey, Dawson, Gaudron, Gummowand McHuge JJ. The challenge to the validity of 1980 ordnance was rejected by the majorityof judges it was also provided that no implied right in relation to legal equality exist. It wasfound by the judges in this case that 1918 ordinance had a beneficial intention with nopurpose of restricting religious practice all promoting genocide. It was also unanimously heldby the High Court that no separate action with respect to the breach of any constitutional rightexisted1.For at least 40000 years the indigenous Australians resided in the Northern territory.When the territory came under the supervision of South Australia in the year 1863 thenorthern territory Aboriginals Act 1910 was passed by the government2. Through theprovisions of this act chief Protector of aboriginals had been appointed as the legal guardianof all children whose parents were aboriginals3. The chief protector in addition was providedwith the authority to send such children to aboriginal institution or a reserve. The legislationmeant that children belonging to aboriginal parents would be removed from the custody onlyby an administrative order as compared to those children who belong to non aboriginalparents and could only be removed by an order of the court. Even after the control of thenorthern Territory has been transferred to the Federal government from South Australia thepolicy of removing indigenous children from the custody of their family continued. The1 Kruger v Commonwealth [1997] HCA 272 Kune, R."The Stolen Generations in Court: Explaining the Lack of Widespread Successful Litigation byMembers of the Stolen Generations".(2011) 30 University of Tasmania Law Review 32.3The Northern Territory Aboriginals Act 1910(SA).

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