The Commonwealth is not vicariously liable for acts of the Director of Native Affairs or Director of Welfare in the Northern Territory where those officers exercise independent statutory discretions not subject to Commonwealth control. Claims based on removal and detention of Aboriginal children under statutory welfare powers require proof that the statutory officer acted beyond power; the onus lies on the applicant to prove the officer did not form the required statutory opinion. The policy/operational distinction applies to preclude negligence claims based on policy decisions entrusted to statutory officers. Fiduciary duties do not arise from statutory guardianship powers over Aboriginal children where the statute itself defines the scope of the officer's obligations. In historical claims where witnesses have died and documents are lost, the prejudice to the respondent from delay weighs heavily against granting extensions of time.
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