Fair access to the age pension for Aboriginal and Torres Strait Islander people
KEY PROJECT | Aboriginal & Torres Strait Islander Peoples’ Rights
The Human Rights Law Centre supported Wakka Wakka man, Dennis, in a legal challenge that called for Aboriginal and Torres Strait Islander people to be able to access the Age Pension earlier, to account for the gap in life expectancy.
Uncle Dennis
Image credit: Royal Botanic Gardens
Every person should have the right to age and retire with dignity, but because of the gap in life expectancy, Aboriginal and Torres Strait Islander people are being denied equal access to fundamental support in later life.
The age pension was designed to support people when they can no longer work, but the system isn’t working as fairly as it should. Because of the ongoing impacts of colonisation and systemic racism, and the failure of governments to meet Closing the Gap targets, Aboriginal and Torres Strait Islander men have an average life expectancy 8.6 years lower than non-Indigenous men, while for women the gap is 7.8 years. This results in Aboriginal and Torres Strait Islander people being denied the same opportunity to retire and receive support through the age pension.
The Victorian Aboriginal Legal Service and Human Rights Law Centre worked with proud Wakka Wakka man, Dennis, to challenge this injustice. We brought a legal challenge in the Federal Court that called for Aboriginal and Torres Strait Islander people to be able to access the Age Pension earlier, to account for the gap in life expectancy.
Dennis’ Story
Dennis is a proud Wakka Wakka man who grew up and worked on a mission in Queensland. His wages were stolen by the state Government. These days Dennis works in community radio and as a cultural guide, but like many people, he doesn’t have the assets and wealth now required to meet the costs of living in retirement.
The self-funded retirement system is stacked against Dennis and many other Aboriginal and Torres Strait Islander people, particularly people with caring responsibilities, people living with disability, and people who have survived policies of cultural genocide, such as the Stolen Generations. That’s why fair access to the Age Pension is crucial.
“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. So many things that Aboriginal people are suffering from today, are because of how we have been treated since colonisation. 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. Things will never get better unless we acknowledge something is wrong. Truth and accountability are important. This case is about telling the truth, and asking the Government to work together with us, to give our people the same chance in life as everyone else.”
Dennis, Proud Wakka Wakka man
On July 12 2023, the Federal Court dismissed the case. Despite recognising the ongoing gap in life expectancy, the Court did not accept that Australia's racial discrimination laws should give Aboriginal and Torres Strait Islander people earlier access to the age pension. The case was dismissed on the same day as The Closing the Gap Annual Data Compilation Report found that Australia is still not on track to meet the target of equal life expectancy by 2031. No progress towards this target was reported since the previous year.
The Human Rights Law Centre will continue to advocate for fair access to the age pension. The Albanese Government has a responsibility to address age pension inequality out of court, by lowering the pension age for all Aboriginal and Torres Strait Islander people. Equal access to the pension would also support several Closing the Gap targets.