Abbott v Chief Executive, Department of Corrective Services

Abbott brought a case against the Chief Executive of the Department of Corrective Services, challenging the refusal of remission by the department's authorised delegate. The applicant, a prisoner, sought remission but it was denied because the decision maker was not convinced that the applicant did not pose an unacceptable risk to the community and had been of good conduct and industry. Additionally, the decision maker took into account the applicant's conduct prior to the latest offence committed during the term of imprisonment. The legal issue before the court was whether the decision maker's consideration of the applicant's prior conduct constituted an error of law.

The court considered whether the decision maker's approach in evaluating the applicant's eligibility for remission was legally sound. It was determined that the decision maker was entitled to consider the applicant's prior conduct as part of the assessment of whether the applicant posed an unacceptable risk to the community and had been of good conduct and industry. The court held that the decision maker's consideration of the applicant's conduct prior to the latest offence was not an error of law. The applicant's argument that this consideration was improper was rejected by the court.

Accordingly, the application was dismissed. The court ordered that the applicant pay the respondent's costs of and incidental to the application, to be assessed on the standard basis. This decision underscored the authority of the decision maker to take into account relevant factors, including prior conduct, in assessing an applicant's eligibility for remission.