Wadeye seeks apology for NT government’s human rights healthcare ‘breach’

Residents in Wadeye are suing the NT government for allegedly breaching their human rights.

RESIDENTS in Wadeye are suing the NT government, demanding an apology and damages, for allegedly breaching their human rights by failing to provide them with the same level of healthcare as non-Indigenous Territorians.

In documents filed with the Federal Court, lead applicant Assumpta Gumbaduck claims the government has underserviced the community “in comparison with its provision of health services to other communities which were not predominantly Indigenous but which were otherwise comparable to Wadeye”.

“The acts, omissions or practices described in subparagraph (a) above were acts which involved a distinction, exclusion or restriction based on the race, colour or ethnic origin of the applicant and group members,” the documents read.

“Those acts, omissions or practices had the effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, by the applicant and group members, of human rights or fundamental freedoms, including the right to access public services.”

A complaint to the Australian Human Rights Commission that preceded the class action and is annexed to the application details examples of instances when residents had to travel to Darwin to access health services that would have been available in comparable towns like Nhulunbuy and Tennant Creek.

It claims resident Mary Berida required an ear operation that could only be performed in Darwin but “for a variety of reasons, the trip to Darwin for surgery has been repeatedly delayed”.

“Often enough, complainants and group members require medical care that is available in Darwin but not in Wadeye, but are not told by medical staff in Wadeye that they need to travel to Darwin,” it reads.

“The result is that they do not travel, and receive substandard medical care.”

The latest legal action follows an earlier class action against the NT Government, claiming “institutionalised racism” and inadequate service provision after the lead claimant in that lawsuit, Patrick Cumaiyi, allegedly suffered a fractured skull while in police custody in 2016.

The NT government is yet to file a defence with the court in the latest case.

Originally published as Wadeye seeks apology for NT government’s human rights healthcare ‘breach’