Australia judge refers Indigenous age pension case to full federal court News
© WikiMedia (Stephen Hass )
Australia judge refers Indigenous age pension case to full federal court

An Australian judge Tuesday referred an Indigenous Australian man’s request to receive his social security age pension three years early to a full panel of the Federal Court of Australia. Justice Debra Mortimer ordered the full federal court to consider the case in an 87-page decision.

Dennis James Fisher, a 64-year-old Indigenous Australian man, seeks early access to the age pension on account of his lower life expectancy. Fisher will satisfy the pension age requirement when he reaches the age of 67. Fisher attempted to claim his age pension, but it was refused because he has does not qualify due to the age requirements, and therefore, he will not qualify until June 23, 2024. Fisher argues due to his lower life expectancy as an Indigenous Australian, he should be able to gain early access to the pension. Fisher also argues that Australia is violating the Racial Discrimination Act 1975 by its failure to account for individuals’ varying life expectancies.

The varying life expectancy of Indigenous individuals, specifically for Aboriginal and Torres Strait Islander Australians “reflect[s] adverse health outcomes in a range of areas, for example, in chronic disease[.]” Additionally, “[t]he life expectancy gap reflects the fact that Indigenous Australians experience substantial and economic disadvantages which are linked to poorer health.”

 

 

THIS DAY @ LAW

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