Case: Northern Territory of Australia v Doepel [2003] FCA 1384 ; (2003) 133 FCR 112 
Outcome: distinguished
In my view the applicant's argument confuses the terms of ss 190C (2) and 190C (4)(b). While there is obvious intersection between ss 190C (2) and (4), the matters of which the Registrar is required to be satisfied by each section are, in my view, quite different. In relation to s 190C (2), the Registrar must be satisfied as to the contents of the application and that it contains information required by ss 61 and 62 (cf Mansfield J in Northern Territory of Australia v Doepel [2003] FCA 1384 ; (2003) 133 FCR 112 at [35] ), whereas in relation to section 190C (4) the Registrar must be satisfied as to the identity of the claimed native title holders including the applicant. 30 The applicant relied on Northern Territory of Australia v Doepel [2003] FCA 1384 ; (2003) 133 FCR 112 , where I note Mansfield J held in relation to s 190C (2) In my judgment, s 190C(2) relevantly requires the Registrar to do no more than he did. That is to consider whether the application sets out the native title claim group in the terms required by s 61. That is one of the procedural requirements to be satisfied to secure registration: s 190A(6)(b). If the description of the native title claim group were to indicate that not all the persons in the native title claim group were included, or that it was in fact a sub-group of the native title claim group, then the relevant requirement of s 190C(2) would not be met and the Registrar should not accept the claim for registration... It is not suggested that the face of the application in this matter raises such difficulties. (at [36]) 31 However while Doepel may be authority that, for the purposes of section 190C (2), the Registrar is not required to look beyond the terms of the application (cf Wakaman People No 2 v Native Title Registrar [2006] FCA 1198 ; (2006) 155 FCR 107 at 118), it does not necessarily follow that the same principle applies to the satisfaction required of the Registrar or his delegate by s 190C (4)(b). Indeed in the Wiri #2 Application, although the delegate was not satisfied as required by s 190C (4)(b), after considering each of the requirements of ss 61 and 62 the delegate was satisfied that the Application contained all the details and other information required by those sections, and accordingly complied with s 190C (2). With specific reference to the native title claim group, the delegate observed : There is nothing on the face of the description of the persons in the native title claim group to indicate that not all persons in the native title claim group are included in the description or that it is in fact a sub-group of the native title claim group for the area of the application. Having said that, I do have regard to information elsewhere before me in relation to this issue in my consideration of the authorisation condition under s. 190C (4)(b). But with the authority of Doepel in mind, I do not consider this information under this condition... 33 In my view the applicant is incorrect in submitting that Doepel is authority that, once the Registrar is satisfied of those matters under s 190C (2), in the case of an uncertified application the requirements of s 190C (4)(b) are met by the Registrar being satisfied that the claim group described in the application authorised the making of the application. 35 In that case an application was made by Mr Quall which stated that the native title claim group were eight "members of the Danggalaba Clan" who were all members of the one family. O'Loughlin J held that the delegate had erred in accepting the relevant application for registration. As his Honour pointed out, although the persons who claimed to be the native title claim group also claimed to be members of the Danggalaba Clan, they did not claim to be the only members of that Clan (at [40]). Further, as his Honour noted, it was apparent to the delegate that the family of eight was not the native title claim group - but, at most, only part of the relevant group (at [60]) - which comprised approximately 140-150 people. His Honour quashed the decision of the delegate on the basis that it should not have been accepted for registration. On reviewing the decision it is clear that his Honour was correct for at least two reasons relevant to the application before me - namely that: (i) the description of the native title claim group in the application before his Honour - clearly on its face a sub-group of a larger clan - did not comply with s 61 (1) and hence could not be satisfactory to the delegate for the purposes of s 190C (2); and (ii) because on the material before the delegate it was clear that the delegate could not be satisfied within s 190C (4)(b) that the applicant was authorised to make the application by all the other persons in the native title claim group.