Williams v Wreck Bay Aboriginal Community Council & Anor

The High Court of Australia considered a dispute between Mr. Williams and the Wreck Bay Aboriginal Community Council and the Commonwealth of Australia. Mr. Williams sought to bring proceedings against the Council and the Commonwealth, alleging breaches of his rights under the *Racial Discrimination Act 1975* (Cth) and seeking damages. The core of the dispute concerned the Council's decision to refuse Mr. Williams access to certain areas of land and its subsequent actions, which Mr. Williams contended were racially discriminatory.

The High Court was required to determine whether the Council, as a body established under Commonwealth legislation to represent the interests of the Aboriginal community of the Jervis Bay Territory, could be considered an "authority of the Commonwealth" for the purposes of section 9(1) of the *Racial Discrimination Act 1975* (Cth). This question was central to whether Mr. Williams could pursue his claim of racial discrimination against the Council under that Act. The Court also considered whether the Commonwealth could be vicariously liable for the actions of the Council.

The Court reasoned that the Wreck Bay Aboriginal Community Council was not an "authority of the Commonwealth" within the meaning of section 9(1) of the *Racial Discrimination Act 1975* (Cth). Their Honours noted that the Council's powers and functions were derived from the *Aboriginal and Torres Strait Islander Land and Sea Management Reform Act 1994* (Cth) and its constitution, and that it operated independently of direct Commonwealth control in its day-to-day operations and decision-making. The Court found that while the Council was established by Commonwealth legislation and performed functions related to land management, it did not possess the characteristics of a Commonwealth authority for the purposes of the Act. Consequently, the claim against the Commonwealth for vicarious liability failed as there was no primary liability on the part of the Council.

The High Court dismissed Mr. Williams' appeal.