If you are an Aboriginal or Torres Strait Islander person in the North West, Torres Strait, or Cape York regions and believe that you have experienced discrimination or negative outcomes while accessing public health care services, click “Register” now and follow the prompts.
RegisterOn 19 May 2025, a representative proceeding was lodged with the Federal Court of Australia on behalf of Aboriginal and Torres Strait Islander persons in the areas serviced by the North West Hospital and Health Service (NWHHS) and the Torres and Cape Hospital and Health Service (TCHHS) alleging that the State of Queensland has unlawfully prevented class members from accessing healthcare in a manner consistent with their human rights and fundamental freedoms. The Statement of Claim alleges that this conduct has amounted to breaches of various provisions of the Racial Discrimination Act 1975.
This proceeding addresses the conduct of the State of Queensland which, together with the NWHHS and TCHHS, through which it provided public health services (healthcare providers), has prevented Aboriginal and Torres Strait Islander peoples in the regions from accessing healthcare free from discrimination, in a manner consistent with their human rights and fundamental freedoms.
In this proceeding, the relevant Claim Period is from 20 December 1996 until 12 September 2024. During the Claim Period, the Class Members have experienced discriminatory conduct by the healthcare providers by reason of their race, including inadequate and/or inappropriate:
medical assessment;
medical monitoring;
medical observation;
clinical interventions, such as the provision of temporary and low-level pain relief in the place of more involved intervention;
follow-up assessment and management;
patient engagement and communication, including overt racism, implicit or subconscious bias, racial stereotyping, paternalism, pessimism or low expectations as to health outcomes, and dismissive attitudes;
patient support, including in the way of unsupportive and unsafe environments (for example, by the use of metal grilles) for patients and visitors, which environments tended to deter visitors
clinical documentation and communication.
The people included within this case are Aboriginal and Torres Strait Islander persons:
who have been subjected to one or more instances of the above conduct by either the NWHHS or TCHHS between 20 December 1996 and 12 September 2024; and
whose relation, spouse or family member was or is a person referred above and, by reason of their relation, spouse or family member being the subject of the above conduct, have suffered loss, damage or injury.
In order to register your interest to participate we require:
Your full name;
Your best contact number;
Email address; and
Postal address.
A member of our team will contact you over the phone, as soon as possible at a time convenient for you, to discuss the details of your potential claim.
If you are an Aboriginal or Torres Strait Islander person in the relevant regions and believe you have experienced or witnessed a family member experience discrimination in healthcare, please register with us to participate now.
This proceeding addresses the conduct of Queensland Health which, through the NWHHS and TCHHS, has prevented Aboriginal and Torres Strait Islander peoples in the regions from accessing healthcare in a manner consistent with their human rights and fundamental freedoms.
It covers not only the direct discriminatory conduct, but also the wider impact on the family members and the community.
If you believe you have been affected by these issues, then you may be entitled to compensation and should register your details above.
Yes. We encourage all Aboriginal and Torres Strait Islander peoples in the North West and Torres and Cape who believe they have been affected by these issues to register their interest with us. If a spouse or relative has experienced the discriminatory conduct during the claim period, you should register your details.
JGA Saddler is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
The class action is being funded by Litigation Lending Services (LLS) on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, LLS will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.
Further, Group Members do not have to pay anything in the event that the class action is unsuccessful, as LLS agrees to pay any legal costs that might be awarded to the State of Queensland.
Unfortunately, we are unable to provide a timeframe of how long the class action will take to resolve. Our objective will always be to act in the best interests of the group to ensure any resolution is reached as quickly as possible while ensuring the best outcome for group members.
A class action is a group proceeding comprised of seven or more people who have been wronged by an individual or corporation. These claims generally arise out of similar circumstances that allow the group an opportunity to be heard based on common issues of law or fact. These proceedings are often commenced by one lead litigant on behalf of the group.
No. Group members do not have to pay anything in the event that the class action is unsuccessful, as LLS agrees to pay any legal costs that might be awarded to the State of Queensland.