Bropho v State of Western Australia [2008] FCAFC 100

FEDERAL COURT OF AUSTRALIA

Bropho v State of Western Australia [2008] FCAFC 100

RACIAL DISCRIMINATION – reserve for the use and benefit of aboriginal inhabitants – vested in aboriginal corporation – vesting revoked – land area of reserve increased and reserve re-vested in the same corporation –vesting transmitted to 1998 management order by legislation – alleged misconduct on the reserve – public inquiries into such conduct – 2002 management order replaces 1998 order – alleged continuance of misconduct on reserve – safety of women and children said to be at issue – enactment of Reserves Act purporting to revoke 2002 management order and place care, control and management of the reserve in the Aboriginal Affairs Planning Authority – whether property rights are absolute in nature – whether property rights can be modified or removed in the public interest - whether the primary judge erred in finding that there was no breach of s 9 or s 10 of the Racial Discrimination Act 1975 (Cth)

WORDS AND PHRASES – "based on", "by reason of", "on the ground of" Federal Court of Australia Act 1976 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth) ss 9, 10, 12 Land Act 1933 (WA) ss 29, 33, 34B, 37 Land Administration Act 1997 (WA) ss 3, 46, 50 Reserves (Reserve 43131) Act 2003 (WA) ss 4, 5, 7, 8, 9, 10, 11

Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 cited Bropho v State of Western Australia [2007] FCA 519 cited Gerhardy v Brown (1985) 159 CLR 70 cited Mabo v Queensland [No 1] (1988) 166 CLR 186 cited Ward v Western Australia (2002) 213 CLR 1 cited

BELLA BROPHO ON BEHALF OF THE MEMBERS OF THE SWAN VALLEY NYUNGAH COMMUNITY ABORIGINAL CORPORATION AND ABORIGINAL INHABITANTS OF RESERVE 43131 v STATE OF WESTERN AUSTRALIA & ORS WAD 90 OF 2007