Attorney-General for the Northern Territory of Australia v Olney

The Attorney-General for the Northern Territory of Australia sought special leave to appeal to the High Court of Australia against a decision of the Honourable Howard William Olney, Aboriginal Land Commissioner. The Northern Land Council was the second respondent. The dispute concerned the validity of certain regulations.

The primary legal issue before the High Court was whether the Commissioner erred in overturning delegated legislative power on the basis of improper or absent purpose. The applicant argued that this was the first instance in Australia or the Commonwealth where delegated legislation, enacted by the Queen's representative on the advice of the Executive Council and subsequently laid before Parliament, had been invalidated on such grounds. The applicant also sought to address the Commissioner's finding that there was a "sole reason" for the regulations, contending that this finding subsumed a rejection of other legal propositions.

The applicant's submissions highlighted the significance of the case, not only for its novelty in invalidating delegated legislation for improper purpose but also for its impact on the Northern Territory, particularly concerning the Cox Peninsula. The applicant intended to demonstrate how the Commissioner's judgment, when viewed as a whole, reflected a rejection of alternative legal arguments and to raise separate issues regarding the correctness of a prior decision, KENBI No 1.