Hicks v Aboriginal and Torres Strait Islander Commission [2001] FCA 586

FEDERAL COURT OF AUSTRALIA

Hicks v Aboriginal and Torres Strait Islander Commission[2001] FCA 586

ABORIGINES AND TORRES STRAIT ISLANDERS – application for review under Administrative Decisions (Judicial Review) Act 1977 (Cth) of decision by Aboriginal and Torres Strait Islander Commission (ATSIC) not to make grant of money to finance native title claim – whether decision involved reviewable error.

ABORIGINES AND TORRES STRAIT ISLANDERS – grant of money to finance native title claim – where making of grant within Aboriginal/Torres Strait Islander Representative Body's function of facilitating the making of applications by groups from among Aboriginal peoples for determination of native title – where relevant Aboriginal/Torres Strait Islander Representative Body unlawfully decided not to make grant – whether ATSIC should have made grant under Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) s 14.

ABORIGINES AND TORRES STRAIT ISLANDERS – decision-making principles formulated under Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) s 22 for making of grants under s 14 – where principles state that exercise of power under s 14 to finance native title claim will be considered only in exceptional circumstances and only where applicant has sought and been denied funding by Aboriginal/Torres Strait Islander Representative Body – whether applicant who satisfies conditions precedent of exceptional circumstances and denial of funding entitled to grant of money under s 14 – whether ATSIC's determination of the existence or otherwise of exceptional circumstances amenable to judicial review – whether ATSIC erred by determining that denial of funding had not yet occurred because proceeding for its judicial review then on foot – whether ATSIC erred by commingling conditions precedent – where decision under review to be construed generously – whether any such error immaterial.