Settlement Reached In NT Historical Wages Class Action

Minister for Indigenous Australians

The Northern Territory historical wages class action (Minnie McDonald v Commonwealth of Australia) has moved closer to resolution, with the parties reaching a settlement for up to $202 million.

The class action was brought by Minnie McDonald on behalf of thousands of First Nations people who lived and worked in the Northern Territory between 1933 and 1971.

During that time, Commonwealth laws allowed First Nations people in the Northern Territory to be paid much less than non-Indigenous people for the same work.

In some circumstances, the laws allowed First Nations people to be paid no money at all for their work.

The Federal Court heard evidence in Darwin, Tennant Creek, Katherine and Alice Springs last year.

In the hearings, Ms McDonald and other witnesses described working from a young age on stations for minimal or no pay.

In the settlement, which is subject to approval by the Federal Court, the Commonwealth has agreed to pay up to $180 million to be distributed to eligible claimants, after Court-approved deductions.

The money will be distributed according to a future Court-approved scheme.

The Commonwealth has also agreed to contribute to legal costs and administration.

The parties have agreed to ask the Court to approve equality in settlement payments between men and women, noting that women were historically paid less than men for the same hours of work.

Quotes attributable to the Minister for Indigenous Australians, Malarndirri McCarthy:

“This is a significant step towards fixing the wrongs of the past and I acknowledge Minnie McDonald and every First Nations person involved in bringing this class action forward to seek redress and healing.

“The NT historical wages class action concerns a deeply regrettable and shameful chapter in Australian history.

“It is my hope that, if approved, the settlement will bring closure to many First Nations people impacted by these Commonwealth laws.”

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