Alec Kruger & Ors v The Commonwealth of Australia; George Ernest Bray & Ors v The Commonwealth of Australia
Decided
31 July 1997
Citation(s)
[1997] HCA 27, (1997) 190 CLR 1.
Court membership
Judge(s) sitting
Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow JJ
Case opinions
(4:2) The 1918 Ordinance which purportedly authorised the removal of Aboriginal children, was not invalid as breaching the claimed constitutional rights (per Brennan CJ, Dawson, McHugh & Gummow JJ; Gaudron and Toohey JJ dissenting) (6:0)There is no separate action for a breach of any constitutional right.
In Kruger v Commonwealth, decided in 1997, also known as the Stolen Generation Case, the High Court of Australia rejected a challenge to the validity of legislation applying in the Northern Territory between 1918 and 1957 which authorised the removal of Aboriginal children from their families. The majority of the bench found that the Aboriginals Ordinance 1918 was beneficial in intent and had neither the purpose of genocide nor that of restricting the practice of religion. The High Court unanimously held there was no separate action for a breach of any constitutional right.[1][2]
^Cite error: The named reference Kune 2011 was invoked but never defined (see the help page).
^Kruger v Commonwealth [1997] HCA 27, (1997) 190 CLR 1, High Court (Australia).
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