Wiri People v Native Title Registrar [2008] FCA 574

Wiri People v Native Title Registrar [2008] FCA 574

The delegate did not err in refusing registration under s 190C(4)(b). It was open to the delegate to consider material beyond the Wiri #2 Application, including the overlapping certified Wiri Core Application, anthropological material, Tribunal records of differently composed Wiri applications and the notice for the Wiri #2 authorisation meeting. On that material, the delegate was entitled to be not satisfied that the group described in the Wiri #2 Application was the whole native title claim group or that the applicant was authorised by all other persons in that group. The requirements of s 190C(2) and s 190C(4)(b) are different, and satisfaction of s 190C(2) did not determine...

Jurisdiction
Australia
Judgment Date
29 April 2008
Procedural Posture
Application to Review a Decision of a Delegate of the Native Title Registrar Not to Accept the Wiri People #2 Claimant Application for Registration Under S 190 a of the Native Title Act 1993 (cth) / Reasons for Judgment and Orders After Hearing
Outcome
The application was dismissed.
Legal Topics
['registration of Native Title Claim' 'native Title Claim Group Authorisation' 'construction of S 190 C(4)(b) of the Native Title Act 1993 (cth)' "registrar's Registration Test Function"]
['native Title' 'administrative Law'] ['registration of Native Title Claim' 'native Title Claim Group Authorisation' 'construction of S 190 C(4)(b) of the Native Title Act 1993 (cth)' "registrar's Registration Test Function"]

Case Brief

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Procedural Posture

Application to Review a Decision of a Delegate of the Native Title Registrar Not to Accept the Wiri People #2 Claimant Application for Registration Under S 190 a of the Native Title Act 1993 (cth) / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Registrar erred in forming the opinion that the condition in s 190C(4)(b) of the Native Title Act 1993 (Cth) had not been satisfied.' 'Whether the Registrar was entitled under s 190C(4)(b) to consider information outside the application, including the Wiri Core Country Claimant Application, Central Queensland Land Council certification and related research.' 'Whether satisfaction under s 190C(2) meant the Registrar was confined under s 190C(4)(b) to asking whether the group described in the application had authorised the applicant.']

Ratio Decidendi

The delegate did not err in refusing registration under s 190C(4)(b). It was open to the delegate to consider material beyond the Wiri #2 Application, including the overlapping certified Wiri Core Application, anthropological material, Tribunal records of differently composed Wiri applications and the notice for the Wiri #2 authorisation meeting. On that material, the delegate was entitled to be not satisfied that the group described in the Wiri #2 Application was the whole native title claim group or that the applicant was authorised by all other persons in that group. The requirements of s 190C(2) and s 190C(4)(b) are different, and satisfaction of s 190C(2) did not determine...

Court Disposition

The application was dismissed.

Orders

  • ['The application be dismissed.']