Paying It Back: On Litigating First Peoples’ Stolen Wages in Victoria

The Stolen Wages practices refer to the policies and actions of Australian states and territories under so-called ‘protection legislation’ throughout the 19th and 20th centuries which withheld, mismanaged and underpaid First Peoples’ wages and entitlements. In Victoria, despite decades of advocacy and a considerable body of evidence of such practices, there have been no government attempts to provide redress for the Stolen Wages. This article analyses the potential liabilities of the Victorian Government for these historical wrongs, in light of recent legal developments and parallel claims in other jurisdictions, focusing in particular on claims under trust and fiduciary duties. We argue that despite significant hurdles and constraints facing claimants, Victoria is potentially liable for substantial sums for breaches of its duties to First Peoples. Our analysis of such liabilities, and the limitations of courts as an avenue for reparations, speaks directly to the current truth-telling and Treaty processes in Victoria.