Indigenous leaders argued participants faced tougher welfare penalties than those in other parts of Australia
Justice Richard White officially approved the settlement, revealing the government will pay $2m to the Ngaanyatjarra council.
The court said the council “represents the interests of around 2,000 Ngaanyatjarra, Pintupi and Pitjantjatjara Traditional Owners who reside in the Ngaanyatjarra Communities”. It said it intended to use the money for an infrastructure program and an arts project at Warburton, the largest community in the area.
The government also agreed to redesign the CDP scheme for jobseekers in the 10 communities covered by the class action. Without referencing the case, the Indigenous affairs minister, Ken Wyatt, announced in the May budgetThe government made no admission or concession of legal liability, while the class action members waived the right to recoup lost welfare payments or damages. The government will also pay the applicants’ costs, worth $278,897.19.
The communities, based in sparsely populated land near the Northern Territory and South Australia borders, first raised concerns about the program to the Australian Human Rights Commission in 2016. They filed a lawsuit when mediation at the commission failed. It is the second time in 12 months the Morrison government has settled a class action over claims its welfare programs were unlawful, after it reached a $1.8bn deal overThe CDP followed a similar trajectory to that scandal, with the government steadfast for years despite sustained criticism from Aboriginal leaders, the Australian National Audit Office, a
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