Case challenging age pension discrimination for Aboriginal and Torres Strait Islander people to be heard

A legal challenge against the Australian Government, seeking fair and equal access to the age pension for Aboriginal and Torres Strait Islander people, will be heard by the Full Federal Court next week.

Proud Wakka Wakka man Uncle Dennis* is bringing the case, where the Federal Government will face court for the first time in connection with its failure to close the gap in life expectancy between Aboriginal and Torres Strait Islander people and non-Indigenous people. Uncle Dennis is bringing this case with the Victorian Aboriginal Legal Service and the Human Rights Law Centre, with support from DLA Piper. 

The Full Court will consider whether Aboriginal and Torres Strait Islander people are denied equal access to the age pension due to lower average life expectancy, and whether the pension age for Aboriginal and Torres Strait Islander people should be lowered. Uncle Dennis and his legal team will argue that the gap in life expectancy means that Aboriginal and Torres Strait Islander people do not have the same opportunity to retire and receive support through the age pension as other Australians.

The Full Court has been presented with facts agreed between the parties, including that social, economic and health inequalities experienced by Aboriginal and Torres Strait Islander people as a direct result of colonisation contribute to the gap in life expectancy today.

Earlier this week, the Federal Government publicly acknowledged that the gap is not closing fast enough, and committed millions in additional funding towards Closing the Gap initiatives. It remains open to the Albanese government to take the initiative to address age pension inequality out of court, by making simple changes to the eligibility age for Aboriginal and Torres Strait Islander people in the Social Security Act. Such a move would support several Closing the Gap targets, by improving financial security and wellbeing for Aboriginal and Torres Strait Islander people later in life.  

Proud Wakka Wakka man Uncle Dennis said:   
“As an Aboriginal man, I’ve seen too many of my people dying at a very early age. We are lucky to get to 50 years old.

“White people are living longer because they haven’t lost what we have lost. This is about acknowledging what happened here. So many things that Aboriginal people are suffering from today, are because of how we have been treated since colonisation. Our language, our culture, our identity comes from this land. We didn’t have a problem, a problem came here.

“It’s only fair for the pension age to be lowered. The pension is an important part of caring for and looking after our people when they can’t work anymore.

“But this isn’t just about money. This is about telling the truth and doing what’s right. If we don’t tell the truth we will never be free.Things will never get better unless we acknowledge something is wrong. Truth and accountability are important. We are asking the government to work together with us, to give our people the same chance in life as everyone else.”

Julianne Lomas (nee Rose), proud Gamilaraay woman said:
“I’ve seen too many people pass away before their time. My sister passed away at 65 and I watched her work right up until her death. She never had a chance to just retire and look after her health.

“I’ve had a lot of health issues too. I’ve gone back to work not necessarily because I want to, but because I have to. I have care of my granddaughter and I need to support her.

“The pension could make a real difference for me and all Aboriginal and Torres Strait Islander women.”

Nerita Waight, CEO at the Victorian Aboriginal Legal Service said:
“All the promises and commitments that Federal Governments have made over the years to Close the Gap need to mean something and need to be enforceable.

“The Closing the Gap targets are now 15 years old, but the life expectancy gap isn’t narrowing. At the current rate, the Government won’t get close to closing the gap by 2031 – as they said they would do all those years ago.

“The gap in life expectancy is a direct result of decades of racist colonial policies. Lowering the age for Aboriginal and Torres Strait Islander people to access the age pension is a simple and practical measure that will meaningfully respond to the history and systemic discrimination that causes our people to die before their time.

“Lowering the pension age to ensure our Elders have the necessary support to lead a dignified life in later life is a concrete step the Albanese Government can take for reconciliation. Our Elders deserve to retire in dignity and afford essentials such as housing, food and healthcare. The pension age should be lowered, so our people have a retirement which lets them properly care for themselves and their families, while Governments at all levels work to close the gap.”

Fisher v The Cth & Ors (VID 545 of 2021) - Special Case hearing
DATE: Monday 20 and Tuesday 21 February 2023
LOCATION: Owen Dixon Commonwealth Law Courts Building (305 William Street, Melbourne Victoria 3000, Australia)

The Federal Court will livestream the hearing here.

*Dennis prefers that his surname not be published.
Orders made by the Federal Court can be found here.

Media contact:
Thomas Feng, Media and Communications Manager, 0431 285 275, thomas.feng@hrlc.org.au

Patrick Cook, Acting Head of Policy, Communications and Strategy, 0417 003 910 pcook@vals.org.au