Aboriginal people should be able to retire and access their pension sooner because they die younger than other Australians, a court has heard.
he legal challenge to reduce the retirement age argues that indigenous men have faced “historical disadvantages”, causing them to die younger.
Lawyers representing an Aboriginal man, who was identified only as Dennis, argued that the age at which he can retire should be decreased from 67 to at least 64.
Australian government statistics show that the average life expectancy for Aboriginal men, at 72, is almost nine years lower than non-indigenous men.
Barrister Ron Merkel told the court that because of the life expectancy gap, indigenous men received their pension for far fewer years than other Australians.
“The relief we’re seeking is to correct disadvantage, a historical disadvantage that’s continued up to the present time,” said Mr Merkel.
Dennis told the court: “I have seen too many of my people dying at a very early age. White people are living longer because they haven’t lost what we have lost.
“So many things that Aboriginal people are suffering from today are because of how we have been treated since colonisation.”
Dennis, 64, who grew up on an Aboriginal settlement in Queensland, currently works at an indigenous radio station in Melbourne.
His case centres on the argument that the government’s current pension policy fails to account for different life expectancy for Aboriginals and therefore is in breach of the racial discrimination act.
If successful, his federal court bid could also benefit indigenous women. The Australian government argued that although the life expectancy gap was real, racial discrimination laws did not apply in this case.
Like many other countries, the pension age has been gradually increasing in Australia. From July, those born after 1957 will have to reach the age of 67 before being eligible for the payment.
Indigenous health and legal organisations have been arguing for years that the pension age should be lowered for First Nations people.
Dennis believes it is the least his people deserve.
“We suffered for so long in this country – it would be good to help some of my people,” he told the Australian Broadcasting Corporation.
The case continues.
Telegraph Media Group Limited [2023]