Parker v State of Western Australia [2008] FCAFC 23

FEDERAL COURT OF AUSTRALIA

Parker v State of Western Australia [2008] FCAFC 23

ADMINISTRATIVE LAW – consideration by Tribunal of risk of interference to a site of particular significance to native title claimants under s 237(b) of the Native Title Act 1993 (Cth) – Tribunal's conclusion open to it – conclusion not so unreasonable as to render it invalid. ADMINISTRATIVE LAW – Tribunal did not spell out confidential evidence on which its determination was based – need to balance sensitivity of evidence with appropriate extent to which evidence should be recited in reasons – Tribunal stated findings of fact as required by s 162(2) of the Native Title Act 1993 (Cth).

Aboriginal Heritage Act 1972 (WA) ss 16, 17, 18 Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44 Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 430(1)(c) Mining Act 1978 (WA) Native Title Act 1993 (Cth) ss 29, 31, 32, 75, 139, 162(2), 169, 237, 253

Federal Court Rules O 78 r 24

Parker on behalf of The Martu Idja Banyjima People v State of Western Australia [2007] FCA 1027 affirmed Birdseye v Australian Securities and Investment Commission (2003) 76 ALD 321 cited Champion v Western Australia (2005) 190 FLR 362 referred to Coleman v Power (2004) 220 CLR 1 referred to Comcare v Etheridge (2006) 149 FCR 522 cited Curragh Queensland Mining Limited v Daniel (1992) 34 FCR 212 cited Fejo v Northern Territory (1998) 195 CLR 96 cited Little v Western Australia [2001]FCA 1706 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2000) 206 CLR 323 considered Price Street Professional Centre Pty Ltd v Commissioner of Taxation (2007) 97 ALD 593 cited Sidhu v Holmes [2000] FCA 1653 considered Smith v Western Australia (2002) 108 FCR 442 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175cited Walley v Western Australia (2002) 169 FLR 437 referred to Xu v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 425 considered MAITLAND PARKER ON BEHALF OF THE MARTU IDJA BANYJIMA PEOPLE (WC98/62) v THE STATE OF WESTERN AUSTRALIA, DEREK NOEL AMMON AND IRON ORE HOLDINGS LTD (ACN 107 492 517) WAD 138 OF 2007