Historic settlement reached for stolen wages class action

Callan Morse
Callan Morse Published November 1, 2023 at 5.15pm (AWST)

In a historic development, the Western Australian Government has reached a landmark settlement agreement to address the state's longstanding issue of stolen wages experienced by Indigenous Western Australians.

The historic settlement provides long-overdue compensation to Aboriginal and Torres Strait Islander workers who were denied fair wages for their labor throughout the 20th century.

The agreement offers redress to Aboriginal and Torres Strait Islander people who worked in Western Australia for little or no wages between 1936 and 1972.

Pending court approval, the settlement aims to rectify the government policies and controls that had a detrimental impact on numerous Aboriginal and Torres Strait Islander individuals, particularly those labouring in the Kimberley region, pastoral stations, and native institutions during this time.

During the claim period, Indigenous peoples received minimal or no wages for their labor.

Mirriwong Elder David Newry said he experienced mix emotions after the settlement was reached.

"I'm happy in one way, but in the other way I'm sad to know my people, my parents deserved this (news) more and they're gone now," he said, via the ABC.

As part of the class action, Mr Newry gave evidence on behalf of family members who lived and worked on stations in the east Kimberley, an experience he found extremely challenging.

"One of the hardest parts for me was talking about my family and how they've been treated," he said, via the ABC.

"One of my father's brothers got tied to a tree and got whipped for not hopping on a horse that morning because he was really sick in the stomach.

"That sort of information was really hard to tell."

Under this agreement, the Western Australian Government will contribute a total sum of $165 million into an administered fund, with each eligible claimant entitled to a payment of $16,500.

The full $165 million will only be disbursed if there are 10,000 or more eligible claimants.

An additional $15.4 million is set aside to cover the assessed legal costs of the applicants.

The specific amount allocated to each eligible claimant will be determined by the Federal Court, taking into account the number of eligible claimants and any approved deductions.

In announcing the settlement, Western Australian Premier Roger Cook expressed his satisfaction with outcome.

"The WA Government has been committed to resolving this matter in the spirit of reconciliation, and I am glad we have been able to now reach a settlement," Mr Cook said.

"It is an important development in recognising the past injustices inflicted on Aboriginal and Torres Strait Islander people.

"We hope this agreement can contribute to healing for those impacted."

Aboriginal Affairs Minister Dr. Tony Buti emphasised the significance of this settlement in acknowledging the wrongs of the past.

"Throughout the process, the WA Government has worked with the applicants to resolve the proceeding in a respectful and cooperative way," Mr Buti said.

"This settlement is also an opportunity to acknowledge the valuable contributions that Aboriginal and Torres Strait Islander people have made to our State, both past and present."

The distribution process will commence following a registration procedure to be led by Shine Lawyers, whose proposal will be subject to approval by the Federal Court.

Shine Lawyers joint head of class actions, Vicky Antzoulatos, said the outcome was a victory for First Nations peoples.

"Workers and their descendants suffered inter-generational disadvantage because of the legislation in place in Western Australia over many decades," Ms Antzoulatos said, via the ABC.

"Financial compensation is one way to acknowledge the suffering of First Nations people.

"It doesn't correct the past, but it offers a way forward."

Individuals wishing to submit a claim or seek more information about the process are encouraged to contact Shine Lawyers via [email protected].

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