Bropho v State of Western Australia

The High Court of Australia considered the appeal in *Bropho v State of Western Australia*. The dispute concerned the validity of a notice issued by the State of Western Australia under section 39(1) of the *Aboriginal Heritage Act 1972* (WA) which declared certain land to be of significance to Aboriginal tradition. The appellant, Mr Bropho, sought to challenge the validity of this notice.

The central legal issue before the High Court was whether the State of Western Australia, in issuing the notice under section 39(1) of the *Aboriginal Heritage Act 1972* (WA), was bound by the common law doctrine of procedural fairness. Specifically, the court had to determine if the State was required to provide natural justice to those whose interests might be affected by the declaration of the land as being of significance to Aboriginal tradition.

The High Court held that the doctrine of procedural fairness, as a common law principle, did not apply to the executive act of issuing a notice under section 39(1) of the *Aboriginal Heritage Act 1972* (WA). Their Honours reasoned that the provision in question conferred a power on the Minister to make a declaration, and this power was not exercised in a manner that affected the rights or interests of individuals in a way that would attract the application of procedural fairness. The court distinguished this executive function from judicial or quasi-judicial functions where procedural fairness is typically required. The appeal was dismissed.