Northern Land Council v Quall [2020] HCA 33

Northern Land Council v Quall [2020] HCA 33

The certification function conferred on the Northern Land Council by s 203BE(1)(b) of the Native Title Act 1993 (Cth) may be delegated to its CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) if objectively necessary or convenient; if so delegated, the CEO may exercise the function...

Source-derived case information.

Parties
Appellant: Northern Land Council; Appellant: Chief Executive Officer of Northern Land Council; Respondent: Kevin Lance Quall; Respondent: Mr Fejo (Second Respondent); Intervener: Attorney-General of the Commonwealth; Intervener: Northern Territory
Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Appeal / Final Determination by High Court, Remittal to Full Court
Outcome
Appeal allowed
Legal Topics
Native Title, Delegation and Agency in Statutory Bodies, Indigenous Land Use Agreements, Statutory Interpretation, Representative Aboriginal Bodies
Aboriginal and Torres Strait Islander Law Administrative Law Corporations Law Native Title Delegation and Agency in Statutory Bodies Indigenous Land Use Agreements Statutory Interpretation Representative Aboriginal Bodies

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Summary, issues, holding and outcome

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Parties

Northern Land Council

Appellant

Chief Executive Officer of Northern Land Council

Appellant

Kevin Lance Quall

Respondent

Mr Fejo (Second Respondent)

Respondent

Attorney-General of the Commonwealth

Intervener

Northern Territory

Intervener

Procedural Posture

Appeal / Final Determination by High Court, Remittal to Full Court

Legal Issues

  1. 1 Whether the certification function conferred by s 203BE(1)(b) of the Native Title Act 1993 (Cth) can be delegated by the Northern Land Council to its CEO
  2. 2 Source of power for NLC to delegate or act by agent in certifying ILUA applications under the Native Title Act
  3. 3 Compatibility of such delegation with statutory scheme and requirements

Ratio Decidendi

The certification function conferred on the Northern Land Council by s 203BE(1)(b) of the Native Title Act 1993 (Cth) may be delegated to its CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) if objectively necessary or convenient; if so delegated, the CEO may exercise the function based on their own opinion, and the act is deemed the act of the NLC for statutory purposes. The function is not inherently non-delegable and may be performed through agents or delegates authorised by the Council's constituting statute.

Court Disposition

Appeal allowed

Orders

  • Set aside the declaration and order 3 of the Full Court of the Federal Court of Australia dated 19 June 2019; replaced with dismissal of cross-appeal.
  • Set aside orders 1 and 2 of the Full Court dated 19 June 2019 and remit unresolved appeal and application for leave to adduce fresh evidence to the Full Court of the Federal Court.