Indigenous man sue Centrelink for early access to the age pension over shorter life expectancy

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Aboriginal man sues Centrelink to get old age pension sooner because he has a shorter life expectancy

  • Dennis James Fischer is suing the Commonwealth
  • Lawyer argues that he has a shorter life expectancy
  • Court Hears Early Access Could Have Significant Consequences

An Aboriginal man is suing the federal government arguing he should receive his old-age pension at 64, rather than 67, due to his shorter life expectancy, and the Commonwealth warns his lawsuit could trigger a spate of other changes .

Proud Wakka Wakka man Dennis James Fisher is suing the Commonwealth in Federal Court, arguing that he should receive his pension at age 64 instead of 67 due to his shorter life expectancy.

Australian Bureau of Statistics figures submitted to the court indicate that Indigenous men aged 65 are expected to live three years less than non-Indigenous men.

But Commonwealth lawyer Jenny Firkin KC argued on Tuesday that life expectancy was not part of the legislative criteria for assessing whether someone was eligible for age pension.

Wakka Wakka man Dennis James Fisher, known as Uncle Dennis, (pictured) is suing the Commonwealth for early access to his pension in a landmark case claiming he has a shorter life expectancy than men not indigenous.

Using life expectancy as a criterion would lead to “impracticable uncertainty” in which a person’s eligibility would change based on the year or their gender and race, Ms Firkin told the court.

The outcome of Fisher’s case could also combine the separation of powers and lead the court to questions it was not well equipped to answer, Firkin said.

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It could also have a flow effect on other areas of the law, including taxation and planning, he argued.

“The potential implications are undetermined,” Ms Firkin said.

But Fisher’s attorney, Ron Merkel KC, argued Monday that the case was about “correcting a historical disadvantage.”

Merkel said Aboriginal men should be able to enjoy the pension to the same extent as non-Indigenous men, otherwise it would be against section 10 of the Racial Discrimination Act.

He also argued that the government used a longer life expectancy as a reason to increase the retirement age in 2009 from 65 to 67, making it an appropriate measure for this special case.

Fisher’s lawyer argued that the case was about “correcting a historical handicap”, but the Commonwealth lawyer said that allowing early access to a pension would have major consequences (pictured, Australian Parliament seen through a Aboriginal flag in Canberra)

Ms Firkin denied that it was a relevant reference, telling the court that the purpose of raising the retirement age was to reduce demand and encourage people to stay in employment longer.

The legislation also did not suggest that everyone should be on the pension for the same amount of time, Ms Firkin said.

Judges Anna Katzmann, Debra Mortimer, Natalie Charlesworth, Wendy Abraham and Geoffrey Kennett reserved their decision.

Judgment will be delivered at a later date.

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