First Nations launch class action against Australian government’s flawed, racist Work for the Dole program

30 September 2025 

The class action alleges that the CDP – which disproportionately targeted First Nations communities in remote areas – was discriminatory and unjust. Under the program, participants were required to undertake ‘Work for the Dole’ activities for up to 25 hours per week to receive income support, working longer hours under more onerous conditions than applied in urban settings.

Maurice Blackburn contends that the CDP breached laws against racial discrimination, resulting in First Nations people working millions more hours than if they had been doing Work for the Dole under the equivalent program in cities; causing financial hardship through the imposition of millions of dollars in fines; and emotional distress for thousands of First Nations people already struggling to survive on incomes well below the Henderson Poverty index.

Baru Pascoe, a Yolngu elder of Maningrida in the Northern Territory, said CDP caused untold damage and had been imposed by Canberra bureaucrats with next to no consultation with the community.

“It was rolled out and a lot of people suffered or were confused, stressed, traumatised. 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, Mr 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.”

Maurice Blackburn Lawyers Principal Miranda Nagy said:

“This case is about justice and accountability. The CDP was a deeply flawed program that unfairly targeted Aboriginal and Torres Strait Islander people and recalled racist stereotypes, describing them as “idle” and needing enforced daily activities. But 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.  We are seeking compensation for the harm caused and recognition of the dignity and equal rights of those affected.”

In March 2025 it was reported that the Commonwealth was advised in 2015 that there was a “medium to high risk” that the CDP program was likely to breach the Racial Discrimination Act.  It was reported that the Commonwealth and received legal advice on the same issue in 2018 and again in 2021, when the program was made voluntary.

The legal action follows recent High Court rulings affirming the constitutional rights of First Nations Australians to just compensation, including the landmark decision in Commonwealth v Yunupingu, which confirmed that native title extinguishment must be compensated on just terms.

Maurice Blackburn has a long-standing commitment to advancing justice for First Nations communities, including successful actions related to land rights, cultural heritage protection, and reparations for members of the Stolen Generations.

One of Maurice Blackburn’s recent class actions was the NT Youth / Don Dale detention centre class action against the Northern Territory government on behalf of 1200 young people who were mistreated in youth detention, most of whom were First Nations.  In 2021, the Northern Territory government agreed to pay $35m before the case went to a trial. The Federal Court approved this. The Court commended the way the case was conducted and how compensation was distributed to group members.