Risk v National Native Title Tribunal [2000] FCA 1589

Risk v National Native Title Tribunal [2000] FCA 1589

The delegate erred in law by accepting the eight named Quall family members as a native title claim group when the material before her showed that they were, at most, only part of the wider Danggalaba Clan and there was no evidence of authorisation by, or sufficient identification of, the other members of that wider group. Because the application was not shown to be made on behalf of all persons who, according to traditional laws and customs, held the relevant common or group rights and interests, it did not satisfy the requirements of s 61 and subs 190C(2), and should not have been accepted for registration.

Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Application Under the Administrative Decisions (judicial Review) Act 1977 (cth) for Review of the Registrar's Decision to Accept a Native Title Determination Application for Registration Under S 190 a of the Native Title Act 1993 (cth) / Final Judgment on Application for Order of Review
Outcome
Application allowed; delegate's decision set aside and Registrar directed to refrain from accepting registration of Mr Quall's application in its present form.
Legal Topics
['registration Test for Native Title Claims' 'native Title Claim Group' 'authorisation of Applicant' 'overlapping Native Title Claims' 'judicial Review Under the ADJR Act']
['native Title' 'administrative Law'] ['registration Test for Native Title Claims' 'native Title Claim Group' 'authorisation of Applicant' 'overlapping Native Title Claims' 'judicial Review Under the ADJR Act']

Case Brief

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Procedural Posture

Application Under the Administrative Decisions (judicial Review) Act 1977 (cth) for Review of the Registrar's Decision to Accept a Native Title Determination Application for Registration Under S 190 a of the Native Title Act 1993 (cth) / Final Judgment on Application for Order of Review

Legal Issues

  1. 1 ["Whether the Registrar's delegate erred in law by accepting for registration an application identifying a family of eight as the native title claim group." 'Whether the application complied with the requirements of s 61 and subs 190C(2) of the Native Title Act 1993 (Cth).' "Whether the Registrar's delegate failed to comply with subs 190C(3) concerning overlapping claims." 'Whether the delegate was entitled to consider information supplied by or on behalf of Mr Risk.' 'Whether the matter should be referred back to the Tribunal or the decision set aside.']

Ratio Decidendi

The delegate erred in law by accepting the eight named Quall family members as a native title claim group when the material before her showed that they were, at most, only part of the wider Danggalaba Clan and there was no evidence of authorisation by, or sufficient identification of, the other members of that wider group. Because the application was not shown to be made on behalf of all persons who, according to traditional laws and customs, held the relevant common or group rights and interests, it did not satisfy the requirements of s 61 and subs 190C(2), and should not have been accepted for registration.

Court Disposition

Application allowed; delegate's decision set aside and Registrar directed to refrain from accepting registration of Mr Quall's application in its present form.

Orders

  • ['The decision of the delegate be set aside with effect from the date of the decision, 31 May 2000.' 'The Registrar is to refrain from accepting registration of the application of Mr Quall in its present form.' 'The second respondent pay the costs of the applicant which costs are to be taxed in default of agreement.']