Aboriginal and Torres Strait Islanders launch a class action against Queensland Health over racial discrimination

A class action has been launched against Queensland Health by Aboriginal and Torres Strait Islanders over claims of racial discrimination stretching back to 1996.

Queensland Health have been hit with a class action over allegations of racial discrimination that claim Aboriginal and Torres Strait Islander people received inadequate healthcare spanning three decades.

The class action alleges First Nations people were withheld or denied adequate treatment, had their concerns dismissed and received substandard medical care, which was unlawful and breached the Racial Discrimination Act 1975 (Cth).

Litigators JGA Saddler filed the class action on Tuesday on behalf of Aboriginal and Torres Strait Islander people who were subject to discriminatory conduct by the North West and Torres and Cape Hospital and Health Services between 1996 and 2024.

JGA Saddler director Rebecca Jancauskas said the state of Queensland needed to be held accountable for systematic racism experienced by Aboriginal and Torres Strait Islander people in the public health system. Photo: Supplied.

JGA Saddler director Rebecca Jancauskas said the state needed to be held accountable for systematic practices that resulted in Aboriginal and Torres Strait Islander people who interacted with certain healthcare providers in Queensland receiving a lower standard of healthcare.

“We’ve heard heartbreaking stories of First Nations patients being ignored, misdiagnosed, or dismissed in ways that would simply not happen to other Australians,” she said.

“This case is about ensuring those voices are heard, and change is made.

“No one should be treated differently in our hospitals because of their race.”

Litigators JGA Saddler filed the class action on Tuesday on behalf of Aboriginal and Torres Strait Islander people who were subject to discriminatory conduct by the North West and Torres and Cape Hospital and Health Services between 1996 and 2024.

Ms Jancauskas said the claim alleged the State of Queensland failed to take sufficient action to address concerns about systematic racism in hospitals and health services over 30 years despite investigations and inquiries identifying these issues.

She said there were examples of Aboriginal and Torres Strait Islander people who had sought medical care from public hospitals and health services in the North West and Cape regions but been repeatedly dismissed, which the case alleges led to children dying.

“This has sadly been the experience of Aboriginal and Torres Strait Islander people who have sought medical care from public hospitals and health services in these regions,” she said.

“This case goes beyond individual harm. It challenges a pattern of institutional racism that continues to impact the health and lives of First Nations people across Queensland.”

The class action alleges the state withheld or denied First Nations people adequate treatment, dismissed patients’ concerns and delivered substandard medical care to them breaching the Racial Discrimination Act 1975 (Cth).

Litigation Lending Services chief executive officer Susan Wynne said they were funding the class action to seek justice on behalf of the Aboriginal and Torres Strait Islander people who were failed by Queensland Health.

“Every Australian has the right to access healthcare free from discrimination,” she said.

“For too long, complaints of racism in the public health system have been minimised or ignored.”

Queensland Health declined to comment on the case, as the matter is before the courts.

Health Minister Tim Nicholls has been contacted for comment.

Originally published as Aboriginal and Torres Strait Islanders launch a class action against Queensland Health over racial discrimination