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| Indigenous activist leads class action to recover wages 'stolen' by state | |
| (35 minutes later) | |
| The uncle of the prominent Indigenous figure Noel Pearson is leading a class action to reclaim the wages of hundreds of Indigenous people “stolen” by the Queensland government up until the early 1970s. | The uncle of the prominent Indigenous figure Noel Pearson is leading a class action to reclaim the wages of hundreds of Indigenous people “stolen” by the Queensland government up until the early 1970s. |
| Hans Pearson is joined by about 300 claimants in a federal court action filed on Monday over unpaid wages held in government trust accounts under laws controlling the earnings of Indigenous men, women and children between 1939 and 1972. | Hans Pearson is joined by about 300 claimants in a federal court action filed on Monday over unpaid wages held in government trust accounts under laws controlling the earnings of Indigenous men, women and children between 1939 and 1972. |
| The case could be followed by class actions elsewhere, with the firm Shine Lawyers signalling possible claims in New South Wales, Western Australia and the Northern Territory, which could enmesh the commonwealth. | The case could be followed by class actions elsewhere, with the firm Shine Lawyers signalling possible claims in New South Wales, Western Australia and the Northern Territory, which could enmesh the commonwealth. |
| Pearson’s claim from unpaid wages as a north Queensland stockman for a decade from 1953 details a financial impact that dwarfs previous reparations payouts by the state government. | Pearson’s claim from unpaid wages as a north Queensland stockman for a decade from 1953 details a financial impact that dwarfs previous reparations payouts by the state government. |
| The £2,506 in Pearson’s gross wages received and held “in trust” by the government had a “present day value” of about $171,150, his legal representatives, Bottoms English Lawyers, state in the claim. | The £2,506 in Pearson’s gross wages received and held “in trust” by the government had a “present day value” of about $171,150, his legal representatives, Bottoms English Lawyers, state in the claim. |
| In 1964, Pearson was informed the balance of his wages in trust after having the vast bulk withheld over a decade was £55. Weeks later he was given a cheque for £26, “which purported to be the balance held” by the state. | In 1964, Pearson was informed the balance of his wages in trust after having the vast bulk withheld over a decade was £55. Weeks later he was given a cheque for £26, “which purported to be the balance held” by the state. |
| The claim states that money withheld from Indigenous people such as Pearson – who worked on cattle stations, farms, in laundries and homesteads – was sometimes channelled into building hospitals and other regional infrastructure. | The claim states that money withheld from Indigenous people such as Pearson – who worked on cattle stations, farms, in laundries and homesteads – was sometimes channelled into building hospitals and other regional infrastructure. |
| State government payouts since 2002 range from $2,000 to $4,000, while a state Stolen Wages taskforce led by Mick Gooda this year recommended a maximum of $9,200. | State government payouts since 2002 range from $2,000 to $4,000, while a state Stolen Wages taskforce led by Mick Gooda this year recommended a maximum of $9,200. |
| The state of Queensland alone may owe Indigenous people $500m, a figure supported by historians such as Rosalind Kidd and cited in state parliament and a federal Senate inquiry. | The state of Queensland alone may owe Indigenous people $500m, a figure supported by historians such as Rosalind Kidd and cited in state parliament and a federal Senate inquiry. |
| Pearson, who at the age of 15 began work as a stockman six days a week in far north Queensland, told the ABC: “We’ve got to have justice. We worked for over 10 to 12 years for nothing.” | Pearson, who at the age of 15 began work as a stockman six days a week in far north Queensland, told the ABC: “We’ve got to have justice. We worked for over 10 to 12 years for nothing.” |
| “They’ve got to pay for what they’ve done, we’re not asking for their money, it’s our money.” | “They’ve got to pay for what they’ve done, we’re not asking for their money, it’s our money.” |
| Noel Pearson said his uncle’s legal fight was “as important as Mabo”, the landmark case on Indigenous land rights. | Noel Pearson said his uncle’s legal fight was “as important as Mabo”, the landmark case on Indigenous land rights. |
| The claim states that Pearson’s work mustering cattle was “ardous” and required him to be “in the saddle” for up to 12 hours a day. | The claim states that Pearson’s work mustering cattle was “ardous” and required him to be “in the saddle” for up to 12 hours a day. |
| During his first decade of work, Pearson, who like other Aboriginal station workers was paid two-thirds the wages of white workers, earned up to £14 a week. Six pounds would be held by the government and eight given to him as “pocket money” after he was married in 1960. | During his first decade of work, Pearson, who like other Aboriginal station workers was paid two-thirds the wages of white workers, earned up to £14 a week. Six pounds would be held by the government and eight given to him as “pocket money” after he was married in 1960. |
| Over the decade, Pearson withdrew a total of £55 from his own wages held in trust and, apart from food and accommodation provided by his employer, was paid a total of £45 pocket money”. | Over the decade, Pearson withdrew a total of £55 from his own wages held in trust and, apart from food and accommodation provided by his employer, was paid a total of £45 pocket money”. |
| Jan Saddler, a partner with Shine Lawyers who is assisting with the class action, said the government’s conduct around its so-called welfare fund “left thousands of Indigenous people effectively working as slaves because they never received their wages”. | Jan Saddler, a partner with Shine Lawyers who is assisting with the class action, said the government’s conduct around its so-called welfare fund “left thousands of Indigenous people effectively working as slaves because they never received their wages”. |
| The claim would allege a systemic breach of trust and fiduciary responsibilities by the Queensland government, which set up the wage controls to “protect” Indigenous people. | The claim would allege a systemic breach of trust and fiduciary responsibilities by the Queensland government, which set up the wage controls to “protect” Indigenous people. |
| “It’s a classic abuse of a breach of a trust and it shocks me that Australians during my lifetime had their wages withheld in that way,” Saddler said. | “It’s a classic abuse of a breach of a trust and it shocks me that Australians during my lifetime had their wages withheld in that way,” Saddler said. |
| “It’s a story over and over again about Indigenous Australians who were denied the opportunity to get a leg up in society because of a very harsh and unfair world that they lived in. It’s quite heartbreaking.” | “It’s a story over and over again about Indigenous Australians who were denied the opportunity to get a leg up in society because of a very harsh and unfair world that they lived in. It’s quite heartbreaking.” |
| Of the Queensland claim, Saddler said: “We expect it to grow.” | Of the Queensland claim, Saddler said: “We expect it to grow.” |
| She was meanwhile focusing on possible future claims in NSW, WA and the NT, where similar legislation to Queensland’s Aboriginal Protection and Preservation Act of 1939 had existed from as early as the 1890s. | She was meanwhile focusing on possible future claims in NSW, WA and the NT, where similar legislation to Queensland’s Aboriginal Protection and Preservation Act of 1939 had existed from as early as the 1890s. |
| Saddler said there were “very good records” to back claims in Queensland government archives, including of “various trust accounts that were held, the retention of particular Aboriginal people’s wages, records of particular communities that may have been affected or particular employers who may have been part of this program”. | Saddler said there were “very good records” to back claims in Queensland government archives, including of “various trust accounts that were held, the retention of particular Aboriginal people’s wages, records of particular communities that may have been affected or particular employers who may have been part of this program”. |
| “I would say too that Indigenous people are very good record keepers of their own history, so I think that stands them in very good stead in terms of being able to demonstrate what’s rightfully due to them,” she said. | “I would say too that Indigenous people are very good record keepers of their own history, so I think that stands them in very good stead in terms of being able to demonstrate what’s rightfully due to them,” she said. |
| Last month Curtis Pitt, the Queensland minister for Aboriginal and Torres Strait Islander partnerships, signalled a reparations review panel for stolen wages claims would for the first time accept oral testimony as evidence where formal documentation was lacking. | Last month Curtis Pitt, the Queensland minister for Aboriginal and Torres Strait Islander partnerships, signalled a reparations review panel for stolen wages claims would for the first time accept oral testimony as evidence where formal documentation was lacking. |
| Saddler said family of Indigenous people who had passed away without receiving their full wages could also have a claim on wages held in trust. | Saddler said family of Indigenous people who had passed away without receiving their full wages could also have a claim on wages held in trust. |
| The Queensland government has to date paid out $5.8m of a $21m stolen wages reparation scheme to more than 3,000 claimants. | The Queensland government has to date paid out $5.8m of a $21m stolen wages reparation scheme to more than 3,000 claimants. |