State-sanctioned wage theft: The WA government brought to account for historic abuse of Indigenous workers

A class action has, in principle, secured a $180 million payment to compensate West Australian Aboriginal and Torres Strait Islander workers and their descendants.

For most of the previous century, the West Australian government could, and often did, withhold up to 75 per cent of the pay owed to Aboriginal and Torres Strait Islander workers. The justification of the legislation: to “make provision for the better protection and care” of Indigenous workers in Western Australia.

Last week, a claim for wages stolen under the policy from 1936 to 1972 was settled with the government to the tune of $180 million, pending settlement approval. The sum recognises not only the real wages lost at the time of the legislation but also the ongoing disadvantage experienced by the descendants of affected workers.

If the settlement is approved, it will be up to the Federal Court to determine how the sum is divided among the claimants. Those who worked the longest under the policy are expected to get the most compensation.

“Financial compensation is one way to acknowledge the suffering of First Nations people,” said Shine Lawyers joint head of class actions Vicky Antzoulatos. “It doesn’t correct the past, but it offers a way forward.”

Financial compensation may be one avenue for redress, but it certainly isn’t the only one. Also required by the settlement, this month, the West Australian government will deliver a formal apology in the State Parliament.

“The apology is an important piece for Australia to recognise this has happened. Because, unfortunately, there are a lot of mistruths out there about Aboriginal people and what we went through in the past,” said claimant Angela Kickett.

As noted in a recent article for ABC News, while the legal process was necessary and productive, it also required claimants to comb through a dark, traumatic past.

“One of the hardest parts for me was talking about my family and how they’ve been treated,” said Miriwoong elder David Newry.

“I’m happy in one way, but in the other way, I’m sad to know my people, my parents deserved this [news] more and they’re gone now.”

The settlement comes several years after the class action of Hans Pearson v State of Queensland, which, also represented by Shine Lawyers, secured a $190 million in-principle settlement. In that case, a claim was brought for stolen wages allowed to occur under similar legislation.

Wages were paid to a so-called protector or superintendent of Aboriginal and Torres Strait Islander workers to be distributed on trust. The class action found that the Queensland government breached its responsibilities as a fiduciary or trustee by failing to repay the affected workers.

“We acknowledge the Western Australian government’s efforts in seeking to correct a historical wrong and improve reconciliation with the state’s Aboriginal population through this class action,” said Ms Antzoulatos.

“Hopefully, greater understanding of the experiences of Aboriginal people in Western Australia during this sad earlier time in history is also a lasting legacy of this class action.”