The case is seeking compensation for thousands of Aboriginal and Torres Strait Islander people who worked as part of the Community Development Program
Thousands of Aboriginal and Torres Strait Islander people are seeking compensation as part of a class action legal case against the Commonwealth Government, alleging the Work for the Dole scheme was discriminatory.
The case, lodged in the Federal Court by Maurice Blackburn Lawyers, concerns the Community Development Program (CDP), alleging the program disproportionately targeted First Nations communities in remote areas and was "discriminatory and unjust."
A statement released by Maurice Blackburn said the class action alleges participants were required to undertake Work for the Dole activities for up to 25 hours per week to receive income support, working longer hours under more onerous conditions than applied in urban settings.
"Maurice Blackburn contends that the CDP breached laws against racial discrimination, resulting in First Nations people working millions more hours than if they had been doing Work for the Dole under the equivalent program in cities," the statement said.
Claims of racial discrimination
In a statement announcing the class action, principal lawyer Miranda Nagy said the structure of the program unfairly burdened First Nations Australians compared with those in metropolitan areas.
“This case is about justice and accountability. The CDP was a deeply flawed program that unfairly targeted Aboriginal and Torres Strait Islander people and recalled racist stereotypes, describing them as “idle” and needing enforced daily activities," she said.
The legal team is seeking compensation for lost income, penalties imposed on participants, and the stress associated with the scheme for people who participated in the CDP between July 2015 and May 2021.
Lived experience of penalties
In the statement released by Maurice Blackburn, Yolngu Elder Baru Pascoe claimed CDP harmed the community.
"A lot of people had nightmares, even getting sick," he said. "We saw it like Cyclone Tracey, causing a big storm. The government were creating a mess in the community, and the blackfellas were cleaning up the government's mess.... There was shame in doing this to our own people."
Policy and workforce implications
The CDP required remote participants to work 50 hours a fortnight, five days a week, year-round. In contrast, city jobseekers faced obligations of no more than 30 hours per fortnight and only for half the year. Ms Nagy said First Nations participants were 27 times more likely to be penalised than city counterparts.
Government reform
The CDP is being replaced by a new program the $707 million Remote Jobs and Economic Development (RJED) program.
Announcing the first round of grants under the RJED in April this year, Federal Indigenous Affairs Minister Senator Malarndirri McCarthy said the new program was about giving people in remote communities the dignity of work, with decent wages and conditions, including superannuation and leave.
The CDP will be formally replaced by the Remote Australia Employment Service on November 1.
Broader debate
The case rekindles debate about Work for the Dole, a long-standing welfare-to-work measure dating back to the late 1990s. Supporters argued it builds routine and skills, while critics say it fails to improve job prospects and can entrench disadvantage.
