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Tutorials | The Francis Forbes Society For Australian Legal History

Tutorials | The Francis Forbes Society For Australian Legal History
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Presentation for the Ngara Yura Committee of the Judicial Commission of NSW | The Francis Forbes Society For Australian Legal History

Presentation for the Ngara Yura Committee of the Judicial Commission of NSW | The Francis Forbes Society For Australian Legal History
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How Western Australia s unofficial use of neck chains on Indigenous people lasted 80 years

Kimberley locals complained that city Perth people 3,500km away had no idea of the conditions they worked in. Neck chaining was considered the “most effective and humane” way of restraining prisoners as it “left their hands free”. Police authorities supported their use and influential pastoralists endorsed their use to get Aboriginal people off their cattle stations. However, in 1905, the infamous Dr Walter Roth’s royal commission on the condition of the natives exposed WA to worldwide criticism about the ill-treatment of Aboriginal people. While police regulations allowed ankle chains in jail, there were no such regulations regarding neck chains. These would remain on the prisoners for the period of their sentence despite there being no legal authority allowing the practice. This was, one senior government witness told Roth, an “informally accepted practice of the last 30 years”.

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