A S v Secretary to the Department of Justice and Regulation

The defendant, the Secretary to the Department of Justice and Regulation, was challenged by the plaintiff, A S, over a decision to impose a 12-month ban on A S's wife from visiting all prisons in Queensland. This ban was implemented under section 43(1A) of the Corrections Act 1986. The plaintiff sought judicial review of the decision, arguing that the defendant failed to accord procedural fairness, made the decision in the absence of reasonable grounds, and that any grant of relief would be futile. A S also sought an extension of time for filing the application for judicial review. The case was heard in the Queensland Supreme Court.

The court had to decide whether the defendant was required to provide procedural fairness when determining whether to impose the ban. It also had to consider if the decision was made in the absence of reasonable grounds and whether any relief granted would be futile. Additionally, the court examined if an extension of time for filing the application for judicial review was warranted.

In the decision, the court found that the defendant was not required to provide procedural fairness in making the decision to impose the ban. It was determined that the decision was made in the presence of reasonable grounds. The court also held that any grant of relief would not be futile and that the plaintiff's wife was already barred from visiting the relevant prison due to an existing order. However, the court found that the application was filed outside the time limit specified in the Supreme Court (General Civil Procedure) Rules 2005, and an extension of time was refused.

The court granted a declaration that the defendant was not required to accord procedural fairness in making the decision to impose the 12-month ban. The application for an extension of time was dismissed.