Queensland Health accused of racial discrimination in class action

The claim, filed by class action law firm JGA Saddler, alleges that the State of Queensland racially discriminated against First Nations people by failing to provide adequate or appropriate medical or health services. The action alleges this occurred in the regions serviced by the North West Hospital and Health Service and the Torres and Cape Hospital and Health Service.

JGA Saddler director Rebecca Jancauskas said the state needed to be held accountable for systemic practices that have resulted in Aboriginal and Torres Strait Islander people allegedly receiving a lower standard of health care.

“We’ve heard heartbreaking stories of First Nations patients being ignored, misdiagnosed, or dismissed in ways that would simply not happen to other Australians,” she said.

“This case is about ensuring those voices are heard, and change is made. No one should be treated differently in our hospitals because of their race.”

According to the class action claim, the state of Queensland has allegedly failed to address systemic racism in the provision of healthcare for the past three decades and has not taken sufficient action to address concerns within its hospitals and health services.

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This news comes after the North West Hospital and Health Service (NWHHS) launched a health equity strategy in 2022 to improve health outcomes for Aboriginal and Torres Strait Islander people in Queensland.

That inquiry found that when looking at the health status of the First Nations people of the far north and north-west, “it is clear there is something fundamentally different about their experience and attitudes to health and wellbeing.”

“It can’t be explained away by just their remoteness, or the significant social and economic disadvantages they experience, or the fact they are 17 times more likely to be involved in the justice system. The experience of many First Nations people and their inability to achieve a life expectancy free from disease like other Australians is also indicative of institutional racism,” the inquiry said.

The class action, funded by Litigation Lending Services, alleges breaches of the Racial Discrimination Act 1975 (Cth) – and is open to Aboriginal and Torres Strait Islander people who, between December 1996 and September 2024, were either subject to discriminatory conduct by a healthcare provider because of their race, or who experienced harm, hurt, loss, damage, or injury as a result of a family member being subject to discriminatory conduct.

“Imagine the anguish of being a parent of a child in significant, ongoing pain – presenting to hospital on multiple occasions, only to have your concerns dismissed without adequate investigation. After repeatedly seeking help, you are forced to advocate for a transfer to another hospital for appropriate care – but by then, it is too late, and your child dies,” Jancauskas said.

“This has sadly been the experience of Aboriginal and Torres Strait Islander people who have sought medical care from public hospitals and health services in these regions. This case goes beyond individual harm. It challenges a pattern of institutional racism that continues to impact the health and lives of First Nations people across Queensland.”

Litigation Lending Services CEO Susan Wynne added that any Australian should receive appropriate medical assessment and intervention, regardless of their race.

“Every Australian has the right to access healthcare free from discrimination. This claim alleges that Queensland Health has failed in this basic obligation, and we are seeking justice on their behalf,” she said.

“For too long, complaints of racism in the public health system have been minimised or ignored.”