Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba (No 2) [2020] FCAFC 39 (13 March 2020) (McKerracher, Rangiah and Charlesworth JJ)


Catchwords:


HUMAN RIGHTS – appeal from judgment dismissing an application for relief in relation to alleged contraventions of the Racial Discrimination Act 1975 (Cth) – where a local Council determined the franchise for a ballot to assess community views in relation to the construction of a radioactive waste management facility in the Council’s area of responsibility – where land proposed for radioactive waste management facility neighbours land in respect of which Aboriginal persons have recognised native title rights and interests – where Council passed resolutions having the effect that the possession of native title rights and interests would not qualify a person to participate in the ballot – whether primary judge erred in concluding that the act of passing the resolutions did not involve a distinction, exclusion, restriction or preference based on race