VALS state-wide community justice programs leader Lee-Anne Carter argued that the current rules relating to the age pension do not reflect the fact that Aboriginal and Torres Strait Islander people have much shorter lives than other Australians. 

“It has been almost 15 years since Australian governments agreed to the original Closing the Gap targets. They have failed so far, and Aboriginal and Torres Strait Islander people are still dying younger than non-Indigenous people because of that failure. Ensuring equitable access to the age pension is an important step that would demonstrate that Australia is serious about Closing the Gap,” Ms Carter said. 

Currently, Indigenous men have an average life expectancy of 8.6 years shorter than non-Indigenous men, while Indigenous women are on average 7.8 years shorter than non-Indigenous women. The productivity commission recently confirmed that the target for equal life expectancy is not on track to be met until 2031. 

The gap and the standard pension age – due to increase to 67 years of age by 2023 – means that Aboriginal and Torres Strait Islanders are less likely to live to pension age and have fewer years to benefit from services like the age pension. Fewer than one per cent of people currently receiving the pension are Indigenous people. 

Dennis, who has asked that his surname not be used, said that as an Aboriginal man, he had witnessed too many Indigenous people dying at a very early age, often over a decade before they are old enough to access the age pension. 

“So many things that Aboriginal people are suffering from today are because of how we have been treated since colonisation,” Dennis said, and added that it’s only fair for the pension to be lowered to reflect this: “The pension is an important part of caring for and looking after our people when they can’t work anymore.” 

The Federal Court will hear that lowering the pension would not only rectify the existing inequality of access but would in itself support a number of the closing the gap targets by helping to improve the economic participation, financial security and wellbeing of Aboriginal and Torres Strait Islander people who can no longer work. 

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DLA Piper Australian pro bono manager Nesha Balasubramanian said the firm is proud to provide legal support for this "important case". 

"Over many decades, our governments have failed to close the significant life expectancy gap between Indigenous and non-Indigenous Peoples. This follows from a long history of exclusion and mistreatment of First Nations Peoples in Australia. This case is about recognising the ongoing disadvantage that past injustices create."

HRLC senior advisor Meena Singh said it is a national shame that Aboriginal and Torres Strait Islander people are still dying too young, and waiting for 2031 would be a decade too long for many. Ms Singh added the case would also be a chance to address the long term hardship that comes from “years of racist policies and laws”. 

“Until we have equality in life expectancy, Aboriginal and Torres Strait Islander people should be able to access the pension earlier. This is just one way the Australian government can recognise the health impacts of generations of systemic discrimination and be accountable for the lack of progress,” Ms Singh said. 

“Aboriginal men and women must have equal rights to age with dignity. Changing the pension age is about helping our people to lead a good life as they age.”