Aboriginal people from the Northern Territory who had their wages stolen have reached a settlement with the Commonwealth for $202 million.
Minnie McDonald launched a class action in 2021 on behalf of thousands of First Nations people who lived and worked in the NT between 1933 and 1971 and their surviving relatives.
During that time, Commonwealth laws allowed First Nations people in the NT 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, amounting to virtual slavery.
Ms McDonald said it was hard growing up in the bush and without any schooling, she started working on stations when she was young.
“I was working with my family – my father, my mother and my brothers were on the station,” she said.
“I later met my husband when working on stations.
“We had nothing and had to live on bush tucker and a bit of bread.
“A lot of those people we worked with are gone now.
This is about all the people who were working everywhere and never got paid nothing.
The Federal Court heard evidence in Darwin, Tennant Creek, Katherine and Alice Springs last year, when Ms McDonald and other witnesses described working from a young age on stations for minimal or no pay.
Minister for Indigenous Australians Malarndirri McCarthy said the settlement was a significant step towards fixing the wrongs of the past.
“The NT historical wages class action concerns a deeply regrettable and shameful chapter in Australian history,” she said.
“It is my hope that, if approved, the settlement will bring closure to many First Nations people impacted by these Commonwealth laws.”
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.
A registration process for group members and outreach program throughout the Northern Territory will likely begin in October, subject to court orders.
A settlement approval hearing may be held towards the end of 2024.
As part of the historic class action settlement, the Commonwealth will pay up to $202 million to eligible Aboriginal and Torres Strait Islander workers or their surviving spouses and children.
This amount includes up to $15 million towards the legal costs of bringing the claim, and up to $7 million for the costs of the administering the settlement, and associated costs.
Shine Lawyers, who represented Ms McDonald, is proposing to conduct an outreach program throughout the NT to inform people about the settlement and to assist them with registration.
Sarah Thomson, from Shine Lawyers, said the settlement was a step forward for the many thousands of First Nations people affected across the NT.
“This settlement cannot correct the past, but it acknowledges the suffering of these workers and their descendants, who have experienced disadvantage because of the Commonwealth legislation in place over many decades which controlled their wages,” she said.
“We are grateful to the lead applicant Minnie McDonald and the witnesses who had the courage to share their stories with the court during the evidence preservation hearings throughout the Northern Territory last year.
“It is our hope that a greater understanding of the experiences of Aboriginal and Torres Strait Islander peoples in the Northern Territory during the Stolen Wages era is a legacy of this class action.
“We acknowledge the Commonwealth Government’s efforts in seeking to right a historical wrong and work towards reconciliation with the Northern Territory’s Aboriginal and Torres Strait Islander population through this settlement.”
