Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs [2000] FCA 1113

FEDERAL COURT OF AUSTRALIA

Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs [2000] FCA 1113

ADMINISTRATIVE LAW – decision by the Minister not to recognise an Aboriginal corporation as a representative body in respect of a particular area – whether the rules of natural justice apply to the decision – whether decision related to an application for, or a renewal or termination of, a right, interest or privilege - whether the rules of natural justice were breached by the failure of the Minister or his delegate to afford the corporation an opportunity to address the adverse conclusions and observations in the delegate's report to the Minister – whether there was a legitimate expectation that the Minister's delegate would act fairly in following the procedures laid down for the making of the decision – whether the content of the rules of natural justice is affected by cultural sensitivities

Native Title Act 1993 (Cth) ss 202(1), 202(2), 202(4), 203A(1), 203AA(1), 203AA(3), 203AA(4), 203AB, 203AD and 203AI Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a) and 6(1)(a)

Annetts v McCann (1990) 170 CLR 596 – referred to Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 – referred to Kioa v West (1985) 159 CLR 550 – applied Salemi v McKellar [No 2] (1977) 137 CLR 396 - cited R v Barnsley Metropolitan Borough Council; Ex parte Hook [1976] 1 WLR 1052 – referred to McInnes v Onslow-Fane [1978] 1 WLR 1520 - discussed FAI Insurances Ltd v Winneke (1982) 151 CLR 342 - considered Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648 – referred to Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 - considered Century Metals and Mining NL v Yeomans (1989) 17 ALD 644 - considered Schmidt v Secretary of State for Home Affairs [1969] 2 Ch 149 – referred to Attorney-General (NSW) v Quin (1990) 170 CLR 1 – referred to R v Liverpool Corporation; Ex parte Liverpool Taxi Fleet Operators' Association [1972] 2 QB 299 - applied Attorney-General of Hong Kong v Ng Yuen Shiu [1983] 2 AC 629 – referred to Ridge v Baldwin [1963] 1 QB 539 - cited Furnell v Whangarei High Schools Board [1973] AC 660 - cited Fairmount Investments Ltd v Secretary of State for the Environment [1976] 2 All ER 865 - cited National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296 - cited Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 – followed Geroudis v Minister for Immigration, Local Government and Ethnic Affairs (1990) 19 ALD 755 - followed F Hoffmann-La Roche & Co v Secretary of State for Trade and Industry [1975] AC 295 – referred to El-Sayed v Minister for Immigration, Local Government and Ethnic Affairs (1991) 22 ALD 767 – followed Ansett Transport Industries Ltd v Minister for Aviation (1987) 72 ALR 469 – followed Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 – followed Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 – cited Mocan v Refugee Review Tribunal (1996) 42 ALD 241 – cited Ozmanian v Minister for Immigration, Local Government and Ethnic Affairs (1996) 137 ALR 103 – cited Telstra Corporation Ltd v Kendall (1995) 55 FCR 221 – cited McVeigh v Willarra Pty Ltd (1984) 6 FCR 587 – cited Chu v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 540 - cited PILBARA ABORIGINAL LAND COUNCIL ABORIGINAL CORPORATION INC v THE MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS VG 430 of 2000 JUDGE: MERKEL J PLACE MELBOURNE DATE: 11 AUGUST 2000