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Issue #1442 10 February 2010
Nuclear test victims may be able to sue
Darren Coyne
Aboriginal people affected by nuclear testing in Australia in the 1950s and 1960s may be able to sue the United Kingdom government. Australian Legal Rights Movement (ALRM) Chief Executive Neil Gillespie said a ruling by English courts in June 2009 had opened the way for military personnel and their families to pursue personal injury actions against the British government. That litigation is ongoing.
“ALRM has legal advice that civilians in Australia and their families who were similarly affected by the tests (including Aboriginal people) may be able to seek compensation from the UK government,” Mr Gillespie said. ALRM would welcome contact from people who may be interested in pursuing a claim for compensation.”
Mt Gillespie said there were a number of options available to potential claimants to cover legal costs.
The announcement of possible legal action follows the handing back in December last year of the final section of the former Maralinga nuclear testing site in remote South Australia. Other areas were handed back in 1984, and then more in the 1990s.
50-year struggle
The official return of the 3,100 square kilometres “Section 400”, about 300 kilometres north-west of Ceduna, marked the end of a 50-year struggle for the Maralinga-Tjarutja people.
They were moved from the area during the early 1950s so the British government could test atomic bombs there, heavily contaminating it with radioactive substances and a range of hazardous chemicals.
And while the area was restricted, many Aboriginal people came into contact with radioactive materials.
In 1994, the Australian government reached a compensation settlement with Maralinga Tjarutja people, which resulted in the payment of $13.5 million in settlement of all claims in relation to the nuclear testing.
The Koori Mail 
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