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You can find the current article at its original source at https://www.theguardian.com/australia-news/2025/sep/30/federal-class-action-lodged-over-racially-discriminatory-work-for-the-dole-scheme
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| Federal class action lodged over ‘racially discriminatory’ work for the dole scheme | Federal class action lodged over ‘racially discriminatory’ work for the dole scheme |
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| The community development program required those in remote areas – mostly Indigenous people – to work more than city-based participants | The community development program required those in remote areas – mostly Indigenous people – to work more than city-based participants |
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| A class action seeking compensation for about 20,000 Aboriginal and Torres Strait Islander people who were part of a work for the dole scheme that made remote participants work longer hours under more onerous conditions than people in the cities has been lodged in the federal court. | A class action seeking compensation for about 20,000 Aboriginal and Torres Strait Islander people who were part of a work for the dole scheme that made remote participants work longer hours under more onerous conditions than people in the cities has been lodged in the federal court. |
| The community development program required remote participants to work up to 50 hours a fortnight, five days a week, 52 weeks a year as a condition of income support. More than 80% of participants were Indigenous. | The community development program required remote participants to work up to 50 hours a fortnight, five days a week, 52 weeks a year as a condition of income support. More than 80% of participants were Indigenous. |
| Miranda Nagy, a principal lawyer at Maurice Blackburn, said the requirements exceeded equivalent programs in cities. | Miranda Nagy, a principal lawyer at Maurice Blackburn, said the requirements exceeded equivalent programs in cities. |
| “I would describe the community development program in its design, in its administration and in its effect, as racially discriminatory,” she said. | “I would describe the community development program in its design, in its administration and in its effect, as racially discriminatory,” she said. |
| The CDP was introduced in 2015 by the former Indigenous affairs minister Nigel Scullion. | The CDP was introduced in 2015 by the former Indigenous affairs minister Nigel Scullion. |
| In the subsequent years, Indigenous people were more likely to have payments withheld for failing to meet their requirements, about 6,000 mostly young people disappeared from the program entirely, and more than a third of participants said their communities were worse off. | In the subsequent years, Indigenous people were more likely to have payments withheld for failing to meet their requirements, about 6,000 mostly young people disappeared from the program entirely, and more than a third of participants said their communities were worse off. |
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| Wood sculptor Serena Marrkuwatj Bonson, an artist from Arnhem Land in the Northern Territory whose work has been displayed at the Art Gallery of South Australia, is the lead plaintiff of the class action. | Wood sculptor Serena Marrkuwatj Bonson, an artist from Arnhem Land in the Northern Territory whose work has been displayed at the Art Gallery of South Australia, is the lead plaintiff of the class action. |
| She says she was made to paint shelves to earn income support under the CDP. | She says she was made to paint shelves to earn income support under the CDP. |
| Bonson was penalised 17 times over about five years, her lawyers say, cutting off her welfare payments for four weeks. She was caring for her grandchildren at the time and says she was forced to ask extended family for money to help feed them. | Bonson was penalised 17 times over about five years, her lawyers say, cutting off her welfare payments for four weeks. She was caring for her grandchildren at the time and says she was forced to ask extended family for money to help feed them. |
| Her uncle and fellow claimant, Yolngu elder Baru Pascoe, signed up to the CDP voluntarily despite exceeding the age cap – only to find he was unable to opt out after realising its flaws, his lawyers say. | Her uncle and fellow claimant, Yolngu elder Baru Pascoe, signed up to the CDP voluntarily despite exceeding the age cap – only to find he was unable to opt out after realising its flaws, his lawyers say. |
| Pascoe was required to make mud bricks alongside the younger men – work that was “shameful” and “culturally inappropriate” for the senior elder, his lawyers say. They say he was financially penalised five times for breaching his obligations. | Pascoe was required to make mud bricks alongside the younger men – work that was “shameful” and “culturally inappropriate” for the senior elder, his lawyers say. They say he was financially penalised five times for breaching his obligations. |
| Pascoe alleged the CDP caused a lot of harm to his community of Maningrida. | Pascoe alleged the CDP caused a lot of harm to his community of Maningrida. |
| “It was rolled out and a lot of people suffered or were confused, stressed, traumatised,” he said. | “It was rolled out and a lot of people suffered or were confused, stressed, traumatised,” he said. |
| “A lot of people had nightmares, even getting sick. A lot of people with disabilities were asked to perform work duties in CDP … We saw it like Cyclone Tracy, causing a big storm.” | “A lot of people had nightmares, even getting sick. A lot of people with disabilities were asked to perform work duties in CDP … We saw it like Cyclone Tracy, causing a big storm.” |
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| While the scheme was overhauled in 2021, Nagy said its impacts were still front of mind for those in communities where people were “begging outside supermarkets because they didn’t have enough money to live”. | While the scheme was overhauled in 2021, Nagy said its impacts were still front of mind for those in communities where people were “begging outside supermarkets because they didn’t have enough money to live”. |
| “We’d like to get compensation for people that recognises the time that they lost was valuable to them,” she said. | “We’d like to get compensation for people that recognises the time that they lost was valuable to them,” she said. |
| “We want to claw back some of the penalties that people paid … we want the commonwealth to apologise, and we want this not to happen again.” | “We want to claw back some of the penalties that people paid … we want the commonwealth to apologise, and we want this not to happen again.” |
| The claim covers people in Queensland, the Northern Territory, Western Australia, South Australia and New South Wales who took part in the scheme between 2015 and 2021. The federal government in 2021 paid out $2m to settle a class action claim from the Ngaanyatjarra traditional owners’ council in WA’s remote Goldfields region, which claimed the program was racist. The government made no admission or concession of legal liability in making the settlement. | The claim covers people in Queensland, the Northern Territory, Western Australia, South Australia and New South Wales who took part in the scheme between 2015 and 2021. The federal government in 2021 paid out $2m to settle a class action claim from the Ngaanyatjarra traditional owners’ council in WA’s remote Goldfields region, which claimed the program was racist. The government made no admission or concession of legal liability in making the settlement. |
| The minister for Indigenous Australians, Malarndirri McCarthy, said the Albanese government was already fulfilling its pledge to dismantle the CDP. | |
| “We have invested more than $700m into our new Remote Jobs and Economic Development Program to give First Nations Australians the dignity of real work, real pay and better conditions,” she said. | |
| “Our program is a gamechanger and making a real difference in people’s lives. It is grounded in self-determination and focused on economic opportunity and community development.” | “Our program is a gamechanger and making a real difference in people’s lives. It is grounded in self-determination and focused on economic opportunity and community development.” |