Federal Court of Australia
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QUDGM"'~ No, 2620-87
CATCHWORDS
ADMINISTRATIVE LAW - Aboriginal Development Commission Act 1980 (Cth) - whether Directions given by the Minister pursuant to s.11 valid - proposed reorganisation of the Department of Aboriginal Affairs and Commission - opposition by members of the Commission - statutory provisions empowering Minister to give directions.
PROCEDURE - determination of separate question of law pursuant to Order 29, Rule 2 of the Federal Court Rules.
Federal Court Rules, Order 29, Rule 2
Aboriginal Development Commission Act 1980 (Cth), ss.3, 8, S(1)(c) and (d), rr T6(5)
ABORIGINAL DEVELOPMENT COMMISSION AND OTHERS. v.
G L E MINISTER OF STATE FOR ABORIGINAL AFFAIRS No. G954 of 1985
Davies J.
19 May 1988
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G954 of 1988
ee eee
GENERAL DIVISION
BETWEEN: ABORIGINAL DEVELOPMENT COMMISSION
First Applicant
LENA _ANNAI PASSI, JOHN EDWARD ATKINSON, ANDREW GEORGE THOMAS, WARIA JOYCE THOMPSON, HELEN Sa THSARRARCE WILLIAMS, BEHN WARD and PHILLIP YANNER
Second Applicants OSSIE BENJAMIN CRUSE Third Applicant
AND: GERARD LESLIE HAND, THE MINISTER OF STATE FOR ABORIGINAL AFFAIRS
First Respondent
AND:
TERENCE JOSEPH O' SHANE LOIS O'DONOGHUE CBE AM, CHARLES NELSON PERKINS, GETANO BELFORD LUI JR, ESTHER CARROLL, PETER
SHANE YU, ROBERT LEE and PATRICK LIONEL DODSON
Second Respondents
CORAM: Davies J. DATE: 19 May 1988 PLACE: Sydney
MINUTES OF ORDER
THE COURT ANSWERS the question set aside for separate determination pursuant to Order 29 Rule 2 of the Federal Court
Rules as follows:-
Question: Whether the Directions given by the Minister for original Affairs on 27 April 1988 were and are valid.
Answer: The Directions are to be read and understood subject Eo g.11(2) of the Aboriginal Development Commission Act 1980 (Cth). As so read, the Directions were and are valid.
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