5Eligibility criteria for ex gratia payment

### 5 Eligibility criteria for ex gratia payment > > (1)  An applicant for an ex gratia payment – > > > > > > (a) must be an Aboriginal person; and > > > > > > > (b) must have been living on 16 October 2006; and > > > > > > > (c) must on or before 31 December 1975 have been admitted as a child of the State under the [Infants' Welfare Act 1935](/view/html/inforce/2026-04-12/act-1935-096) or committed under that Act to the care of the responsible Department in relation to the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) or admitted as, or declared to be, a ward of the State under the [Child Welfare Act 1960](/view/html/inforce/2026-04-12/act-1960-048) ; and > > > > > > > (d) after having been admitted as a child of the State under the [Infants' Welfare Act 1935](/view/html/inforce/2026-04-12/act-1935-096) or after having been declared to be a ward of the State under the [Child Welfare Act 1960](/view/html/inforce/2026-04-12/act-1960-048) , must have remained a child of the State or a ward of the State for a continuous period of 12 months or more, and must not have been in the care of an Aboriginal family during that period. > > > (2)  An applicant for an ex gratia payment – > > > > > > (a) must be an Aboriginal person; and > > > > > > > (b) must have been living on 16 October 2006; and > > > > > > > (c) must have been a person under the age of 18 years who was removed from his or her family during the period from 1 January 1935 to 31 December 1975 and remained removed from his or her family for a continuous period of 12 months or more, and must not have been in the care of an Aboriginal family during that period; and > > > > > > > (d) must be a person who the Stolen Generations Assessor is satisfied – > > > > > > > > > > (i) was removed from his or her family by the active intervention of an Agency, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , and without the approval of a parent or guardian of the applicant; or > > > > > > > > > > > (ii) was removed from his or her family by the active intervention of an Agency, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , and that duress or undue influence was applied to bring about that removal. > > > (3)  An applicant for an ex gratia payment must be – > > > > > > (a) an Aboriginal person; and > > > > > > > (b) a living biological child of a deceased person who satisfies the criteria in [subsection (1)(a)](#GS5@Gs1@Hpa@EN) , [(c)](#GS5@Gs1@Hpc@EN) and [(d)](#GS5@Gs1@Hpd@EN) or [subsection (2)(a)](#GS5@Gs2@Hpa@EN) , [(c)](#GS5@Gs2@Hpc@EN) and [(d)](#GS5@Gs2@Hpd@EN) . > > > (4)  If an applicant for an ex gratia payment was removed from his or her family as a result of being convicted of an offence, the applicant is not eligible for an ex gratia payment. > > > (5)  [Subsection (4)](#GS5@Gs4@EN) does not apply to an applicant who has been convicted of being a neglected child under the [Infants' Welfare Act 1935](/view/html/inforce/2026-04-12/act-1935-096) or the [Child Welfare Act 1960](/view/html/inforce/2026-04-12/act-1960-048) . > > > (6)  For the purposes of this section – > > > > > ***Aboriginal family*** means a family in which one or both of the primary carers is an Aboriginal person.