A legitimate expectation arising from a public policy does not constitute a procedural right that necessarily invalidates a decision made without compliance; the decision-maker may depart from the policy on notice. Consent under s 90 of the National Parks and Wildlife Act 1974 (NSW) to destroy Aboriginal objects may validly extend to objects not yet identified at the date of consent, and is not impliedly restricted to purposes of preservation. A court judgment cannot itself give rise to a legitimate expectation; the expectation arises from the underlying legal principle or policy.
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