A-G Qld v Watego

The case of A-G Qld v Watego involved an appeal against a decision to detain a prisoner for a risk assessment under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The appellant argued that the prisoner was not given adequate time to prepare for the hearing, which amounted to a denial of natural justice. The prisoner, Watego, was granted only one clear day to prepare for the hearing, which he contended was insufficient. The Court of Appeal was tasked with determining whether the limited time provided for preparation constituted a breach of natural justice and whether the requirements of the Act had been strictly complied with.

The central legal issues in this case were whether the prisoner's right to natural justice was compromised by the short preparation time and whether the statutory requirements of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) had been adhered to strictly. Specifically, the court had to assess whether the statutory provisions for time to prepare for such hearings were mandatory and, if so, whether the failure to comply with these provisions rendered the hearing unlawful. The court also considered whether the risk of special leave providing an adequate right of appeal negated any breach of the prisoner's right to appeal.

The Court of Appeal held that the statutory provisions concerning the preparation time for hearings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) were directory rather than mandatory. Consequently, the failure to provide the requisite time for preparation did not render the hearing unlawful. The court further reasoned that the risk of special leave provided an adequate right of appeal, mitigating any potential breach of the prisoner's right to appeal. Therefore, the appeal was dismissed with costs.