Frequently Asked Questions (FAQ)
Prior to calling the call centre, please review the following Frequently Asked Questions.
We advise that these FAQs are continually updated with the latest information to assist you with the claim process.
We advise that these FAQs are continually updated with the latest information to assist you with the claim process.
has the stolen wages scheme been approved by the court?
Yes it has.
On 12 December 2024, Justice Murphy of the Federal Court of Australia approved the settlement of the Stolen Wages Class Action (WAD 237/2020) agreed between the Western Australian Government and Mr Mervyn Street (the lead plaintiff). The Western Australian Government has agreed to pay up to $180.4 million to settle the court proceedings.
The settlement monies are paid to claimants according to a Settlement Distribution Scheme approved by Justice Murphy.
A copy of Justice Murphy’s orders and the Settlement Distribution Scheme are available now on the Documents page.
On 12 December 2024, Justice Murphy of the Federal Court of Australia approved the settlement of the Stolen Wages Class Action (WAD 237/2020) agreed between the Western Australian Government and Mr Mervyn Street (the lead plaintiff). The Western Australian Government has agreed to pay up to $180.4 million to settle the court proceedings.
The settlement monies are paid to claimants according to a Settlement Distribution Scheme approved by Justice Murphy.
A copy of Justice Murphy’s orders and the Settlement Distribution Scheme are available now on the Documents page.
WHAT IS THE STOLEN WAGES SETTLEMENT DISTRIBUTION SCHEME?
The Stolen Wages Settlement Distribution Scheme is the document approved by the Federal Court that sets out who is eligible to a payment, how the amount of payments are worked out, when payments are made and how the scheme is administered.
A copy of the Settlement Distribution Scheme document is available on the Stolen Wages website, www.stolenwagesWA.com.au under the Documents tab.
A copy of the Settlement Distribution Scheme document is available on the Stolen Wages website, www.stolenwagesWA.com.au under the Documents tab.
IS IT TOO LATE TO REGISTER?
Registrations for the Stolen Wages scheme closed on 30 September 2024.
No new Original Potential Claimant registrations can be accepted after 30 September 2024, without permission from the Court.
However, if you are a Child or Spouse of a registered Original Potential Claimant, then you may lodge an Application for Registration Form, at any time prior to a Distribution, with the Administrators in respect of the registered Original Potential Claimant. The acceptance of this registration would be considered by the Administrators only if it will not delay the Distribution process.
If you have a good reason for not lodging an Application for Registration Form before 30 September 2024, you can provide your details to Grant Thornton with an explanation of why you were not able lodge your application by 30 September 2024, and Grant Thornton will consider whether to make an application to the Court for permission to include your claim.
No new Original Potential Claimant registrations can be accepted after 30 September 2024, without permission from the Court.
However, if you are a Child or Spouse of a registered Original Potential Claimant, then you may lodge an Application for Registration Form, at any time prior to a Distribution, with the Administrators in respect of the registered Original Potential Claimant. The acceptance of this registration would be considered by the Administrators only if it will not delay the Distribution process.
If you have a good reason for not lodging an Application for Registration Form before 30 September 2024, you can provide your details to Grant Thornton with an explanation of why you were not able lodge your application by 30 September 2024, and Grant Thornton will consider whether to make an application to the Court for permission to include your claim.
WHO IS GRANT THORNTON?
Grant Thornton is one of the world's leading independent accounting, audit, tax and advisory firms. It has more than 1,500 people working in offices in Adelaide, Brisbane, Cairns, Melbourne, Perth and Sydney. The Stolen Wages Administrators, David Hodgson and Tony Jonsson are based in Grant Thornton’s Perth and Cairns office respectively.
Grant Thornton will be reviewing the eligibility of claims under the Stolen Wages Settlement Distribution Scheme, processing claims and making payments under the scheme to eligible claimants or registered representatives.
Grant Thornton has a Stolen Wages Information Centre and all questions about the scheme should now be directed to Grant Thornton. The Administrators’ Stolen Wages Information Centre can be contacted at:
Phone: (08) 9480 2005
Operating Hours: (8.30 am - 5.00 pm (AWST) Monday to Friday (not public holidays))
Email: [email protected]
Address: Level 43, 152-158 St Georges Terrace, Perth WA 6000
Grant Thornton will be reviewing the eligibility of claims under the Stolen Wages Settlement Distribution Scheme, processing claims and making payments under the scheme to eligible claimants or registered representatives.
Grant Thornton has a Stolen Wages Information Centre and all questions about the scheme should now be directed to Grant Thornton. The Administrators’ Stolen Wages Information Centre can be contacted at:
Phone: (08) 9480 2005
Operating Hours: (8.30 am - 5.00 pm (AWST) Monday to Friday (not public holidays))
Email: [email protected]
Address: Level 43, 152-158 St Georges Terrace, Perth WA 6000
WHO DO I CONTACT ABOUT MY PAYMENT?
Justice Murphy appointed David Hodgson and Tony Jonsson from Grant Thornton as the Administrators of the Settlement Distribution Scheme. The Administrators’ Stolen Wages Information Centre can be contacted at:
Phone: (08) 9480 2005
Operating Hours: 8.30 am - 5.00 pm (AWST) Monday to Friday (excluding public holidays)
Email: [email protected]
Phone: (08) 9480 2005
Operating Hours: 8.30 am - 5.00 pm (AWST) Monday to Friday (excluding public holidays)
Email: [email protected]
WHO IS ELIGIBLE TO RECEIVE PAYMENT UNDER THE STOLEN WAGES SETTLEMENT DISTRIBUTION SCHEME?
A full definition of who is eligible to receive a payment is set out in Paragraphs 50 and 51 of the Settlement Distribution Scheme. A copy is available on the Stolen Wages website, www.stolenwagesWA.com.au under the Documents tab.
A guide to eligibility under the scheme is set out below. A claimant must satisfy all of the listed criteria:
A guide to eligibility under the scheme is set out below. A claimant must satisfy all of the listed criteria:
- an eligible claimant must be Aboriginal or Torres Strait Islander
- at any time from 11 December 1936 to 9 June 1972 (the Claim Period), lived in Western Australia and worked at some time or had your property controlled in that period
- an aged of at least 10 years old in the Claim Period (i.e. born before 9 June 1962)
- the claimant was paid no or nominal wages in the Claim Period at one or more specific nominated workplaces in WA
- was employed or was required to work at any time during the Claim Period and that employment was controlled by the Western Australian Government
- registered a claim with Shine Lawyers by 30 September 2024
WHAT IF A CLAIMANT HAS PASSED AWAY?
If an Original Potential Claimant has passed away, their spouse, could register as a Descendent Potential Claimant for them by 30 September 2024. However, if a living spouse made a claim, then no children are eligible and the entire Original Eligible Claimant Payment will go to the spouse.
If no living spouse claims, the Original Eligible Claimant Payment will be divided equally amongst the Descendant Eligible Claimants that are living children.
If more than one spouse registers, the Administrators will determine the most recent spouse of a deceased Original Eligible Claimant prior to their death and that person will be deemed to be the only spouse of the Original Eligible Claimant.
If a Descendant Potential Claimant has passed away since lodging their Application for Registration, the spouse or child of the Descendant Eligible Claimant will be able to claim their entitlement provided notice is given prior to distribution.
If no living spouse claims, the Original Eligible Claimant Payment will be divided equally amongst the Descendant Eligible Claimants that are living children.
If more than one spouse registers, the Administrators will determine the most recent spouse of a deceased Original Eligible Claimant prior to their death and that person will be deemed to be the only spouse of the Original Eligible Claimant.
If a Descendant Potential Claimant has passed away since lodging their Application for Registration, the spouse or child of the Descendant Eligible Claimant will be able to claim their entitlement provided notice is given prior to distribution.
WHO IS A SPOUSE?
A spouse is a person who is alive on the Effective Date and who was the most recent party to a marriage or Defacto Spouse of an Original Potential Claimant before the death of the Original Potential Claimant, unless the relationship had ceased before the Effective Date.
WHO IS A CHILD?
A child is a person who was alive on the Effective Date and who is a natural child of a person as well as any child who was legally adopted or was adopted pursuant to Aboriginal laws and customs
HOW MUCH WILL I BE PAID?
The Court has ordered that minimum payment in the amount of $10,000 will be made for each Original Eligible Claimant. For living Original Eligible Claimants that will result in a minimum payment of $10,000. For Deceased Original Eligible Claimants, the minimum payment of $10,000 will be distributed amongst the Descendant Eligible Claimants. The minimum payment of $10,000 will be paid to the Descendant Eligible Claimant who was the spouse of the Deceased Original Eligible Claimant, or if there is no spouse the minimum payment of $10,000 will be divided equally amongst the Descendant Eligible Claimants who are the children of the Deceased Original Eligible Claimant.
The Administrators are not able to provide estimates of how much each Descendant Eligible Claimant will be paid until they have assessed the eligibility of all Descendant Eligible Claimant claims. This process will likely take some time to complete the necessary reviews.
Once the minimum payments have been made and approved costs have been deducted from the Settlement Fund, any funds remaining will be paid in a Top Up Payment in respect of each Original Eligible Claimant born on or before 1 January 1930. For Top Up Payments made to deceased Original Eligible Claimants, the top up payment will be distributed amongst the Descendant Eligible Claimants in the same manner as the earlier payment.
We appreciate your patience in this regard.
WHEN WILL I BE PAID?
We will not be able to finalise the entitlement of claimants until after the Federal Court appeal period expires on 21 February 2025. If no appeal is lodged, then from the expiration of the appeal period we will commence the process of requesting payment from the State for eligible claims. The Administrator needs to determine which claims are eligible prior to requesting payment from the State. This may be more difficult for some applications than others.
Once the Administrator receives payment from the State in respect of eligible claims, the Administrator will process and distribute the funds. It is expected that payment of all eligible claims will be made over a period of at least 6 months, however, we will continue to post updates to this website with regards to any further developments.
The Administrator will send Distribution Statements to each living Original Eligible Claimant and each Descendant Eligible Claimant that is entitled to receive a payment.
The sequence of payments is expected to be:
1. Minimum payments of $10,000 to living Original Eligible Claimants;
2. Initial payments to Descendant Eligible Claimants based on a minimum payments of $10,000 to deceased Original Eligible Claimants. These payments will not be able to be made until all Descendant Potential Claimant applications for registration are assessed.
3. Top Up payments in relation to each Original Eligible Claimant born on or before 1 January 1930.
Where the Administrator is not able to confirm the eligibility of a claim, it may request more information or documents from the claimant.
Once the Administrator receives payment from the State in respect of eligible claims, the Administrator will process and distribute the funds. It is expected that payment of all eligible claims will be made over a period of at least 6 months, however, we will continue to post updates to this website with regards to any further developments.
The Administrator will send Distribution Statements to each living Original Eligible Claimant and each Descendant Eligible Claimant that is entitled to receive a payment.
The sequence of payments is expected to be:
1. Minimum payments of $10,000 to living Original Eligible Claimants;
2. Initial payments to Descendant Eligible Claimants based on a minimum payments of $10,000 to deceased Original Eligible Claimants. These payments will not be able to be made until all Descendant Potential Claimant applications for registration are assessed.
3. Top Up payments in relation to each Original Eligible Claimant born on or before 1 January 1930.
Where the Administrator is not able to confirm the eligibility of a claim, it may request more information or documents from the claimant.
HOW WILL PAYMENTS BE MADE?
All payments to eligible claimants, or the registered representatives of deceased claimants, will be made by electronic funds transfer direct to a bank account in their name. No payments will be made by cash and payments will only be made by cheque in circumstances where a claimant or registered representative has not registered a bank account.
All claimants should have provided their bank account details in their registration form. If you wish to confirm your bank account details stored on file, please contact the Stolen Wages Information Centre on:
Phone: (08) 9480 2005
Operating Hours: (8.30 am - 5.00 pm (AWST) Monday to Friday (not public holidays))
Email: [email protected]
All claimants should have provided their bank account details in their registration form. If you wish to confirm your bank account details stored on file, please contact the Stolen Wages Information Centre on:
Phone: (08) 9480 2005
Operating Hours: (8.30 am - 5.00 pm (AWST) Monday to Friday (not public holidays))
Email: [email protected]
CAN MY STOLEN WAGES PAYMENT BE PAID TO SOMEONE ELSE?
Payments will only be made to the Eligible Claimant (Descendent Eligible Claimant). Should you not have a bank account in your name, please contact the call centre at the following and we will arrange for your payment to be made via cheque.
Phone: (08) 9480 2005
Operating Hours: 8.30 am - 5.00 pm (AWST) Monday to Friday (excluding public holidays)
Email: [email protected]
Phone: (08) 9480 2005
Operating Hours: 8.30 am - 5.00 pm (AWST) Monday to Friday (excluding public holidays)
Email: [email protected]
What if I disagree with my payment?
You have the right to request a review of your claim. The Administrators will consider the request and copies of documents provided on which the Claimant relies for the purpose of the review.
If satisfied that the review request discloses an error, slip or omission by the Administrators or any other administrative or clerical error, the Administrators will correct the notice to which the request relates. In all other cases, the Administrators will refer the request to one of the Independent Counsel.
If a review is referred to an Independent Counsel, the Independent Counsel may by written notice direct the Claimant to submit such further documentation or information in support of the review as the Independent Counsel may consider appropriate. Such documentation or information must be submitted within 21 days of the date of any such written notice, failing which the request for review shall be deemed never to have been made and the accuracy of the Distribution Statement shall be deemed to be accepted by the Claimant.
The Independent Counsel shall, within 21 days after either the receipt by the Administrators of the request for the review or receipt by the Independent Counsel of documentation provided in response to a written direction, whichever is the later, review the information provided by the Claimant and give written notice of the result of the review to the Claimant and the Administrators (“Review Determination”).
The Review Determination is final and binding.
The costs to of the review application will be deducted by the Administrators from the Net Settlement Fund Amount.
If satisfied that the review request discloses an error, slip or omission by the Administrators or any other administrative or clerical error, the Administrators will correct the notice to which the request relates. In all other cases, the Administrators will refer the request to one of the Independent Counsel.
If a review is referred to an Independent Counsel, the Independent Counsel may by written notice direct the Claimant to submit such further documentation or information in support of the review as the Independent Counsel may consider appropriate. Such documentation or information must be submitted within 21 days of the date of any such written notice, failing which the request for review shall be deemed never to have been made and the accuracy of the Distribution Statement shall be deemed to be accepted by the Claimant.
The Independent Counsel shall, within 21 days after either the receipt by the Administrators of the request for the review or receipt by the Independent Counsel of documentation provided in response to a written direction, whichever is the later, review the information provided by the Claimant and give written notice of the result of the review to the Claimant and the Administrators (“Review Determination”).
The Review Determination is final and binding.
The costs to of the review application will be deducted by the Administrators from the Net Settlement Fund Amount.
HOW DO I REGISTER OR CHANGE MY BANK ACCOUNT DETAILS?
All Stolen Wages claimants and registered representatives of deceased claimants were required to provide their bank account details as part of the registration process. This is because payments will only be made by the administrators to a bank account in the claimant's name.
To prevent fraud and to protect the privacy of claimants and registered representatives, the Stolen Wages Information Centre will not take or change bank account details over the phone or in an email.
If a claimant or registered representative did not provide their bank account details when they registered for the Stolen Wages Settlement or wish to change their registered bank account, they must complete a Bank account details or change form, sign it and return it to the Stolen Wages Information Centre. The form can be downloaded from the DOCUMENTS tab.
Claimants and registered representatives that provided their bank account details when they registered for the Stolen Wages Settlement do not need to complete the bank account details form unless they change their bank account.
All claimants and registered representatives that have registered for the Stolen Wages Settlement need to provide a copy of a legal form of photo ID or alternate identification to the Stolen Wages Information Centre in order to verify their identity. Bank account details forms will not be registered unless a claimant or registered representative has provided valid identification in writing to the Stolen Wages Information Centre.
To prevent fraud and to protect the privacy of claimants and registered representatives, the Stolen Wages Information Centre will not take or change bank account details over the phone or in an email.
If a claimant or registered representative did not provide their bank account details when they registered for the Stolen Wages Settlement or wish to change their registered bank account, they must complete a Bank account details or change form, sign it and return it to the Stolen Wages Information Centre. The form can be downloaded from the DOCUMENTS tab.
Claimants and registered representatives that provided their bank account details when they registered for the Stolen Wages Settlement do not need to complete the bank account details form unless they change their bank account.
All claimants and registered representatives that have registered for the Stolen Wages Settlement need to provide a copy of a legal form of photo ID or alternate identification to the Stolen Wages Information Centre in order to verify their identity. Bank account details forms will not be registered unless a claimant or registered representative has provided valid identification in writing to the Stolen Wages Information Centre.
WHAT IS A DISTRIBUTION STATEMENT AND WHEN DO I RECEIVE IT?
The Administrators will send a Distribution Statement to each Original Eligible Claimant and each Descendant Eligible Claimant that is to receive a payment under this Scheme.
Each Distribution Statement will include, without limitation, the following information: the relevant information used to ascertain the Original Eligible Claimant or Descendant Eligible Claimant's eligibility and Settlement Entitlement; and the estimated amount of the Settlement Entitlement in respect of that Original Eligible Claimant or Descendant Eligible Claimant.
The accuracy of a Distribution Statement shall be deemed to be accepted by each Claimant, within 21 days of the date of sending the Distribution Statement, unless he or she delivers to the Administrator a written request for a Review together with copies of all documents on which that Claimant relies for the purposes of the Review, including any statement of reasons for seeking the Review.
Each Distribution Statement will include, without limitation, the following information: the relevant information used to ascertain the Original Eligible Claimant or Descendant Eligible Claimant's eligibility and Settlement Entitlement; and the estimated amount of the Settlement Entitlement in respect of that Original Eligible Claimant or Descendant Eligible Claimant.
The accuracy of a Distribution Statement shall be deemed to be accepted by each Claimant, within 21 days of the date of sending the Distribution Statement, unless he or she delivers to the Administrator a written request for a Review together with copies of all documents on which that Claimant relies for the purposes of the Review, including any statement of reasons for seeking the Review.
HOW IS MY PAYMENT CALCULATED?
The maximum Settlement Fund Amount eligible to claimants has been set to $159.775 million, this is based on a calculation of 8,750 eligible claimants multiplied by $16,500 per claimant. However, the Settlement Fund Amount cannot exceed $165 million.
Accordingly, your payment is subject to the number of approved claimants as follows:
Accordingly, your payment is subject to the number of approved claimants as follows:
- If 10,000 Original Eligible Claimants are determined by the Administrators to be eligible pursuant to the Settlement Distribution Scheme, the Settlement Fund Amount would be $165,000,000, and the payment for an Original Eligible Claimant would be $16,500.
- If 15,000 Original Eligible Claimants are determined by the Administrators to be eligible pursuant to the Settlement Distribution Scheme, the Settlement Fund Amount would be $165,000,000, and the payment for an Original Eligible Claimant would be $11,000.
- If 5,000 Original Eligible Claimants are determined by the Administrator to be eligible pursuant to the Settlement Distribution Scheme, the Settlement Fund Amount would be $82,500,000, and the payment for an Original Eligible Claimant would be $16,500.