North Australian Aboriginal Justice Agency Limited & Anor v Northern Territory of Australia

The North Australian Aboriginal Justice Agency Limited (NAAJA) and its Chief Executive Officer, Mr. John Lawrence, brought proceedings against the Northern Territory of Australia. The dispute concerned the validity of certain provisions of the *Northern Territory Aboriginal Sacred Sites Act 1989* (NT) and the *Northern Territory Aboriginal Sacred Sites Amendment Act 2010* (NT), which NAAJA and Mr. Lawrence alleged were invalid by reason of inconsistency with the *Racial Discrimination Act 1975* (Cth). The High Court of Australia was required to determine this matter.

The central legal issue before the High Court was whether the impugned provisions of the Northern Territory legislation, which established a framework for the protection of Aboriginal sacred sites and provided for the creation of a register of sacred sites, were inconsistent with the prohibition against racial discrimination contained in section 9 of the *Racial Discrimination Act 1975* (Cth). Specifically, the Court had to consider whether the differential treatment afforded to Aboriginal persons and their sacred sites, as compared to non-Aboriginal persons and their sites, constituted unlawful racial discrimination.

The High Court, by majority, held that the Northern Territory legislation was not inconsistent with the *Racial Discrimination Act 1975* (Cth). The Court reasoned that the provisions in question did not confer a benefit or impose a detriment on a person by reason of their race, but rather sought to protect particular sites of cultural and spiritual significance to Aboriginal peoples. The Court applied the principle that legislation designed to protect the cultural heritage of a particular racial group, and to remedy past disadvantage, does not necessarily constitute unlawful racial discrimination. The differential treatment was found to be a legitimate means of achieving a legitimate objective, namely the protection of Aboriginal sacred sites, and did not offend the prohibition against racial discrimination.

The High Court dismissed the application for a declaration of invalidity.