A new Federal Court class action alleged the Australian government’s Work for the Dole program was discriminatory and unjust.
Maurice Blackburn has filed a class action on behalf of thousands of Aboriginal and Torres Strait Islander people who were allegedly discriminated against by the Commonwealth’s Work for the Dole in the Community Development Program (CPD) between 2015 and 2021.
It was alleged that participants from remote communities were required to work longer hours and under more onerous conditions than those who were involved in an equivalent program in cities.
Maurice Blackburn principal lawyer Miranda Nagy said the program was “deeply flawed”, unfairly targeted Aboriginal and Torres Strait Islander people, “and recalled racist stereotypes, describing them as idle and needing enforced daily activities”.
“The government applied rules that demanded more of First Nations people than those in the cities and punished them more harshly when they did not or could not comply,” Nagy said.
“We are seeking compensation for the harm caused and recognition of the dignity and equal rights of those affected.”
Yolngu elder of Maningrida in the Northern Territory, Baru Pascoe, alleged the program caused untold damage and was rolled out across the country with “next to no” consultation with the community.
“A lot of people had nightmares, even getting sick. A lot of people with disabilities were asked to perform work duties in CDP. That was the only living they would get to survive,” Pascoe said.
“CDP harmed the community. People didn’t understand it. 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.”
In March 2025, it was reported that the Commonwealth had been advised that there was a “medium to high risk” the program was likely to breach the Racial Discrimination Act back in 2015.
The Commonwealth received legal advice in 2018 and again in 2021, when the program was then made voluntary.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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