Koowarta v Bjelke-Peterson 1982 (HCA)

Question 1

Summary

Answer 1

Koowarta attempted to seek permission to purchase lease of land from the Queensland National Party Government led by Bjelke-Peterson, but was rejected as the part was opposed to Indigenous people buying leasehold land.

Question 2

Relevant part of Law

Answer 2

Racial Discrimination Act 1975 and s51 external affairs powers which allows the Commonwealth to make laws for the people of any race

Question 3

Issue

Answer 3

Koowarta argued that Bjelke-Peterson breached the Racial Discrimination Act. Bjelke-Peterson argued that the Act should be invalid as it extended the Commonwealth external affairs powers beyond that intended by the Constitution. The section was originally designed to allow the Commonwealth to discriminate against the people of any race, not prohibit discrimination.

Question 4

Key Outcome

Answer 4

HCA ruled that the Racial Discrimination Act was valid and could override State laws using the external affairs power under s51 and agreed that the Commonwealth could make laws prohibiting discrimination against the people of any race.