Tickner v Chapman [1995] FCA 987

Tickner v Champan - click on Original PDF Document link above to read summary CATCHWORDS ADMINISTRATIVE LAW ) ABORIGINAL AND TORRES STRAIT ISLANDER ) HERITAGE PROTECTION ACT ) - Judicial review of Minister's decision under s 10 of Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - whether Minister had "considered" representations - meaning of "considered" - effect of claim that certain representations related to matters which aboriginal tradition required to be kept secret from men - consideration of public interest in preservation of aboriginal traditions requiring confidentiality in relation to the requirement that a representation be considered and that relevant questions be able to be debated by all those interested, whether aboriginals or other persons - discussion of the scope and purpose of the Act - significance of representations in the statutory scheme - whether statutory requirements as to notice were fulfilled - meaning of requirements to give notice of "the purpose of the application" and "the matters required to be dealt with in the report" - meaning of "specified area" - consideration of Minister's duty upon receipt of an application from aboriginals - nature of application - nomination of a reporter - whether later representations amounted to a fresh application requiring a fresh nomination and notice thereof -construction of s 9.

CONSTITUTIONAL LAW - whether if a representation was required to be kept secret from a male Minister, a female Minister could have acted pursuant to a decision of the Prime Minister.

WORDS AND PHRASES - "considered" - "specified"

Aboriginal and Torres Strait Islander Heritage Protection Act 1984, ss 3, 4, 7, 9, 10, 11, 13, 22, 23, 24, 25, 27, 30 and 31 Administrative Decisions (Judicial Review) Act 1977, ss 3(3) and 13