Hicks v Aboriginal Legal Service of Western Australia (Inc)

In Hicks v Aboriginal Legal Service of Western Australia (Inc), the applicant sought an extension of time and a review of the respondent's decision to deny a grant of $35,000 for legal advice related to a native title application. The applicant argued that the respondent's decision was made under the Native Title Act, and thus subject to review under the Administrative Decisions (Judicial Review) Act. The respondent, funded by the Aboriginal and Torres Strait Islander Commission (ATSIC), had a policy that precluded funding to private practitioners for native title matters. Despite the applicant's solicitors inquiring whether the respondent could act for their clients, the respondent maintained its position, citing its policy.

The court was tasked with determining whether the respondent's decision was a "decision to which this Act applies" under the ADJR Act and thus reviewable. The applicant contended that the decision was made under the Native Title Act, which established the respondent as a representative body for Aboriginal peoples or Torres Strait Islanders. The court considered whether the decision was made "under an enactment" and whether the respondent's capacity as a representative body made the decision subject to the ADJR Act.

The court found that the respondent's decision was indeed reviewable under the ADJR Act because it was made under the Native Title Act. The court granted the applicant an extension of time, set aside the respondent's decision, and remitted the matter to the respondent for further consideration and decision according to law. The respondent was also ordered to pay the applicant's costs.