Gerhardy v Brown [1985] HCA 11

Gerhardy v Brown [1985] HCA 11

Section 19 of the Pitjantjatjara Land Rights Act 1981 (S.A.) is not invalid or restricted by reason of the Racial Discrimination Act 1975 (Cth), as it constitutes a 'special measure' protecting the Pitjantjatjara people under Art. 1(4) of the Convention, which is incorporated into Australian law via s. 8(1) of the Commonwealth Act.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed
Legal Topics
['racial Discrimination' 'statutory Interpretation' 'aboriginal Land Rights']
['constitutional Law' 'discrimination Law'] ['racial Discrimination' 'statutory Interpretation' 'aboriginal Land Rights']

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether s. 19 of the Pitjantjatjara Land Rights Act 1981 (S.A.) is invalid or restricted in its operation by reason of the Racial Discrimination Act 1975 (Cth)' "Whether s. 19 constitutes 'racial discrimination' under the Convention and the Commonwealth Act" "Whether s. 19 can be justified as a 'special measure' within Article 1(4) of the Convention"]

Ratio Decidendi

Section 19 of the Pitjantjatjara Land Rights Act 1981 (S.A.) is not invalid or restricted by reason of the Racial Discrimination Act 1975 (Cth), as it constitutes a 'special measure' protecting the Pitjantjatjara people under Art. 1(4) of the Convention, which is incorporated into Australian law via s. 8(1) of the Commonwealth Act.

Court Disposition

Appeal allowed

Orders

  • ['Set aside the judgment of Mr. Justice Millhouse dated 21 July 1983' 'Answer the questions in the special case as amended: 1. No; 2. Unnecessary to answer' "Appellant to pay the respondent's costs of the appeal by consent" 'Proceedings remitted to Supreme Court of South Australia']