Aboriginal Sacred Sites Protection Authority v. Honourable M.D.A. Maurice, Aboriginal Land Commissioner & Ors [1986] FCA 85

©

CATCHWORDS

Administrative law - Application for order of review and prerogative writs against Aboriginal Lands Commissioner - Objection to produce documents required by order under s.54 of Land Rights Act overruled by Commissioner.

Evidence ~ Public interest immunuity - Sacred Aboriginal information - Whether exempt from disclosure - Whether public interest immunity attaches to material obtained by or on behalf of Aboriginal Sacred Sites Protection Authority - Whether balancing exercise properly conducted - Factors to be considered.

Evidence - Confidentiality - Documents prepared by anthropologists - Whether a ground for non-disclosure.

Aboriginal Land Rights (Northern Territory) Act 1976, ss.50, 51, 54, 73(1).

Aboriginal Sacred Sites Act (N.T.) 1978, ss.3, 13, 24, 25, 26, 27, 28, 31, 32.

Administrative Decisions (Judicial Review) Act 1977, s.5. Judiciary Act 1903, s.39B.

Northern Territory (Seif-Government) Act 1978

THE ABORIGINAL SACRED SITES PROTECTION AUTHORITY v. THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER & ORS.

IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION AND CERTIORARI AGAINST THE HONQURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER & ORS. AND IN THE MATTER OF THE

WARUMUNGU_LAND CLAIM, EX PARTE ABORIGINAL SACRED SITES PROTECTION AUTHORITY

Bowen C.J., Woodward and Toohey JJ. 27 March 1986

Sydney

IN THE FEDERAL COURT OF AUSTRALIA )

VICTORIA DISTRICT REGISTRY ) No. VG 237 of 1985 GENERAL DIVISION

BETWEEN: THE ABORIGINAL SACRED SITES PROTECTION AUTHORITY

Applicant

AND THE HONQURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER

First Respondent

THE ATTORNEY GENERAL FOR THE THE NORTHERN TERRITORY OF AUSTRALIA

Second Respondent

THE CENTRAL LAND COUNCIL

Third Respondent ROBERT BRUCE REYBURN

Fourth Respondent

and

IN THE MATTER OF THE WARUMUNGU LAND CLAIM