Koowarta v State of Queensland (Wild
Rivers)
The Federal Court has provided a timely reminder to government
decision-makers – particularly ministers – to
diligently consider briefing materials when exercising their
powers.
Most of the public attention received by Justice Greenwood's
decision about three declarations made by the Queensland Government
over three rivers in Cape York (under the Wild Rivers Act
2005 (Qld) (Act)) was due to the role of the widow of land
rights campaigner, John Koowarta, in helping to bring the case.
However, for agencies, the real importance of the decision lies
in the salutary lesson for decision-makers to properly understand
the statutory pre-conditions that may be required to be satisfied
before making a decision. The case also highlights a growing
problem for government in making decisions on high-profile issues
that have attracted large numbers of "pro forma"
submissions.
