Nettheim, Garth --- "Koowarta v Bjelke-Petersen and Others" [1981] AboriginalLawB 10; (1981) 1(1) Aboriginal Law Bulletin 8

• Koowarta V Bjelke–petersen And Others

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Koowarta v Bjelke–Petersen and Others

Garth Nettheim

The first court case under the Racial Discrimination Act 1975 (Cth) has been initiated.

In January 1977 representatives of the Winychanam Aboriginal people of Cape York lodged a complaint with the Commissioner of Community Relations. They had sought, with the aid of the Aboriginal Land Fund Commission, to acquire a pastoral leasehold at Archer River. The Queensland Minister refused. to approve the transfer because it was for the use of Aboriginal people.

The Commissioner made attempts to conciliate the complaint, and convened compulsory conferences with Queensland Ministers and officials, but they refused to attend. The Commissioner then issued a Certificate to enable the Winychanam people to seek remedies through civil court processes. As a result a writ was issued on 10 April 1981, from the Queensland Supreme Court, by Mr John Koowarta of Aurukun, against the Premier, Mr Bjelke-Petersen, Ministers, Mr Tomkins and Mr Glasson and the State of Queensland. The plaintiff seeks a declaration that the Government has breached the Racial Discrimination Act, an injunction, and damages.