Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tucker for Narnoobinya Family Group v Aboriginal & Torres Strait Islander Commission [2004] FCA 134
ABORIGINES – native title – representative body funding – application to native title representative body for financial assistance – refusal of financial assistance – application to Aboriginal and Torres Strait Islander Commission for review of representative body decision – preparation of statutory report and recommendation by reviewer – adoption of reasons and recommendation by ATSIC – judicial review of ATSIC decision – whether improper exercise of power – whether unconsidered adoption of reviewer's report and recommendation – nature of review process – whether ATSIC reviewer entitled to have regard to representative body policies and procedures – priority considerations in allocation of resources
Native Title Act 1993 (Cth) s 203BB(1), s 203FB, s 203FE(2)
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Hicks v Aboriginal Legal Service of Western Australia (Inc) (2001) 108 FCR 589 cited
Hicks v Aboriginal and Torres Strait Islander Commission (2001) 110 FCR 582 cited
Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245 cited
Bannister v See (1982) 421 ALR 78 cited
Kainhofer v Director of Public Prosecutions (No 2) (1996) 70 FCR 184 cited
DOROTHY ANN TUCKER AND THELMA VERA TUCKER FOR NARNOOBINYA FAMILY GROUP v ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION
W140 of 2003
FRENCH J
24 FEBRUARY 2004
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W140 OF 2003
BETWEEN: DOROTHY ANN TUCKER AND THELMA VERA TUCKER FOR NARNOOBINYA FAMILY GROUP
APPLICANT
AND: ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 24 FEBRUARY 2004
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