In 2008, the NSW Government conducted an operational review of the the Aboriginal Trust Fund Repayment Scheme (ATFRS).

Together with firms from the Stolen Wages Referral Scheme, we prepared a submission giving a user’s view of the ATFRS. Our data showed that claimants who have legal representation generally obtain better financial outcomes with their claims than claimants without legal representation.

Hundreds of claimants have been assisted by PIAC and PILCH with their claims however there are still thousands of claimants without legal representation. In our submission, we identified groups of people not receiving payments under the current arrangements, and recommended:

• an extension of the deadline for registering claims
• changes to ATFRS to better respond to the legitimate claims of those who have received ‘nil assessments’ due to poor record keeping by the State
• claimants be compensated for the withholding of their wages and for other exploitation, assault and injuries suffered while in State care.

PIAC was successful in its bid to extend the deadline for claims. The deadline was extended by an additional five months allowing thousands more claims to be registered before the closing date. In response to concerns about the number of claims rejected due to poor record keeping by the State, the NSW Government announced that there is now wider discretion to approve a claim. These wider powers will allow ATFRS to place greater reliance on oral evidence in determining whether a claim is successful instead of relying solely on documentary records.