Mundy & Chief Minister of the Act and Ors (Discrimination)

The matter in Mundy & Chief Minister of the ACT and Ors (Discrimination) involved the Applicant, a member of the Ngarigu tribe, contesting the policy of the ACT Government that recognises the Ngunnawal tribe as the only original indigenous tribe of the land covered by the Australian Capital Territory. The Applicant argued that this ‘one tribe’ policy was historically inaccurate and unlawfully discriminatory against the Ngarigu tribe. The case was heard and determined by the Federal Court of Australia, with the Honourable Chief Justice Allsop, Justices Bell and Edelman presiding.

The primary legal issues the court was required to decide included whether the ‘one tribe’ policy was factually incorrect in its recognition of the Ngunnawal tribe as the sole original indigenous tribe of the region, and whether this policy constituted unlawful discrimination against the Ngarigu tribe under the Racial Discrimination Act 1975 (Cth). The court also needed to consider the extent to which historical evidence could be relied upon to challenge the government's policy and whether the policy had a discriminatory effect on the Ngarigu tribe.

In reaching its decision, the court examined the historical evidence presented and the basis upon which the ‘one tribe’ policy was formulated. The court found that while there was evidence suggesting the presence of multiple indigenous tribes in the area, including the Ngarigu, this did not necessarily undermine the policy's recognition of the Ngunnawal as the primary tribe for the purposes of cultural and governmental recognition. The court further considered the applicability of the Racial Discrimination Act and concluded that the policy did not amount to unlawful discrimination as it was not based on race, colour, descent, or national or ethnic origin but rather on a specific cultural and governmental recognition framework. Consequently, the court dismissed the Applicant's claims.

In light of the findings, the court did not make any orders in favour of the Applicant, thereby upholding the ‘one tribe’ policy as formulated by the ACT Government. The decision underscores the importance of balancing historical accuracy with the practicalities of cultural and governmental policies.