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About the DVA Privacy Class Action

Gordon Legal has commenced a class action in the Supreme Court of Victoria against the Commonwealth in relation to the unauthorised use and disclosure of the sensitive personal information, including medical records, of veterans and their family members to the University of South Australia as part of the Veterans Medicines Advice and Therapeutics Education Services Program (MATES Program).

The class action is brought on behalf of group members, who are any person who at any time between 2004 and February 2024 held a healthcare card issued by the DVA (Veteran Card), had their personal information collected in connection with the use of their Veteran Card, and whose information was disclosed by the DVA to the University of South Australia as part of the MATES Program.

The class action seeks payment of compensation to group members for their loss caused by the DVA’s conduct in sharing their sensitive personal information without consent. It also seeks a declaration by the Supreme Court that the DVA breached its obligations of confidence owed to group members, as well as interest, and costs.

Sign Up for Updates

We encourage anyone who considers that they are, or may be, a group member to sign up with Gordon Legal via the following form, to follow the progress of the proceedings, and to be provided with timely updates. Signing up for updates is free, confidential, and without obligation.

Timeline

January 2004

The Veteran MATES Program commenced.

26 April 2023

The Office of the Australian Information Commissioner found, in response to a complaint made by a veteran, that DVA had interfered with their privacy and awarded them $5,000 in compensation.

29 July 2023

An article published in The Saturday Paper revealed that the Department of Veterans’ Affairs had been providing identified, complete, medical records of approximately 300,000 individuals to the University of South Australia.

10 August 2023

In a letter to Senator Jacqui Lambie, the Minister for Veterans’ Affairs Matt Keogh stated that medical information had been provided by the DVA to the University of South Australia since 2004.

18 December 2023

Gordon Legal lodged a representative complaint with the Office of the Australian Information Commissioner (OAIC) on behalf of all affected individuals.

05 February 2024

The Department of Veterans’ Affairs Human Research Ethics Committee withdrew its ethics approval of the MATES Program.

12 February 2024

DVA publicly announced that it has decided to close down the Veteran MATES Program.

October 2026

Gordon Legal issued Proceedings in the Supreme Court of Australia against the Department of Veterans’ Affairs, through the Commonwealth.

More Information?

The “Frequently Asked Questions” section below is very likely to have the information you need.

If you have a specific question that is not answered by the information contained on this website, please call us on (03) 9072 8691 or email us at [email protected].

Frequently Asked Questions

VETERANS’ PRIVACY CLASS ACTION

On 2 October 2026 Gordon Legal commenced a class action proceeding in the Supreme Court of Victoria against the Department of Veterans’ Affairs (DVA). The proceeding is brought on behalf of any person who at any time between 2004 and February 2024 held a healthcare card issued by the DVA (Veteran Card), had their personal information collected in connection with the use of their Veteran Card, and whose information was disclosed by the DVA to the University of South Australia as part of the Veterans’ Medicines Advice and Therapeutics Education Services (MATES Program).

It alleges that their sensitive personal information, including medical histories, was shared by the DVA without their consent to the University of South Australia as part of the MATES Program. The MATES Program operated between 2004 and 2024. It was discontinued in February 2024 after ethics approval was withdrawn.

The class action seeks payment of compensation to group members for their loss caused by the DVA’s conduct in sharing their sensitive personal information without consent. It also seeks a declaration by the Supreme Court that the DVA breached its obligations of confidence owed to group members, as well as interest, and costs.

The class action will cover any person any person who at any time between 2004 and February 2024 held a healthcare card issued by the DVA (Veteran Card), had their personal information collected in connection with the use of their Veteran Card, and whose information was disclosed by the DVA to the University of South Australia as part of the Veterans’ Medicines Advice and Therapeutics Education Services (MATES Program).

We encourage anyone who considers that they are, or may be, a group member to sign up with Gordon Legal at gordonlegal.com.au/dva to follow the progress of the proceedings, and to be provided with timely updates. Signing up is free, confidential, and without obligation.

If you would like to speak to someone at Gordon Legal about the class action, please email us on [email protected]. Alternatively, you can call us on (03) 9072 8691.

As noted, on 2 October 2026 Gordon Legal filed the class action in the Supreme Court of Victoria. We intend to seek a trial date as soon as possible in this matter, likely in the first half of 2027. The timing of any trial will ultimately be a matter for the Court and subject to the Court’s availability.

We will provide updates at each key development in the class action. We strongly encourage anyone who considers that they are or may be a group member to sign up with Gordon Legal at gordonlegal.com.au/dva to follow the progress of the class action and to be provided with regular updates. Signing up is free, confidential, and without obligation.

No. You do not need to prove anything to sign up for updates or to be a group member in the class action.

By signing up at gordonlegal.com.au/dva you will receive timely updates on the progress of the class action. It will also allow us to communicate with you about other matters relevant to the class action. Signing up is free, confidential, and without obligation.

No, it will not cost you any money to sign up or to participate in the class action.

The class action is funded by Omni Bridgeway on a “no win, no fee” basis in accordance with the terms of a funding agreement and as otherwise ordered by the Court. If the class action successfully resolves and there is payment of compensation, the legal costs incurred in the class action will be paid from the compensation (if approved by the Court). Omni Bridgeway will also seek payment of a commission from the compensation in accordance with the terms of the litigation funding agreement.

No, you will not have to pay anything if the class action is unsuccessful.

The litigation funder, Omni Bridgeway, has agreed to pay the legal costs of DVA is the class action is unsuccessful.

If you have another issue with the DVA that is unrelated to the class action, we recommend that you contact your usual veteran support person or advocate, or the DVA, as appropriate. If your issue is legal in nature, we recommend you contact a law firm that specialises in your particular issue. There are legal referral services, including (for example) through the Law Institute of Vitoria.

In the event of a successful outcome in the class action, compensation payable to group members will be determined by a number of factors, including the type and extent of loss suffered by group members. Our aim is to secure the most amount of compensation as possible for group members. At this stage, we are unable to provide any information regarding possible compensation in individual cases.

Gordon Legal will only use your personal information for the purposes for which it was collected and in line with our Privacy Policy. We will never disclose your personal information to a third party without your express consent. You can see our Privacy Policy here.

Written by Sebastian O’Meara, Partner, Class Actions. Last updated 07 October 2026.

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