Attorney-General for the State of Queensland v Doolan

The case of Attorney-General for the State of Queensland v Doolan involves the interpretation and application of the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The dispute centres on whether it is an appropriate exercise of judicial power for the court to order the release of Mr Doolan, a convicted sex offender, subject to the condition that Queensland Corrective Services secure and approve a Supported Independent Living Accommodation (SILA). The matter was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the power granted to the court under the DPSOA to order the release of a dangerous prisoner on a supervision order, subject to the condition that Queensland Corrective Services secure and approve a SILA, constitutes an appropriate exercise of judicial power. The court was required to determine whether the power to direct the respondent to reside in a SILA is a judicial or administrative power, and whether the court can appropriately exercise judicial power by ordering the respondent's release on the condition that Queensland Corrective Services secure and approve a SILA.

The court held that the power to order the release of the respondent on the supervision order, subject to Queensland Corrective Services securing and approving a SILA, is an appropriate exercise of judicial power. The court found that the power to direct the respondent as to where he may reside was an administrative power, while the power to order the release of the respondent on the supervision order was a judicial power. The court held that it was appropriate for the court to exercise its judicial power by ordering the release of the respondent on the supervision order, subject to Queensland Corrective Services securing and approving a SILA, as it was necessary to ensure the adequate protection of the community against the commission by the respondent of a serious sexual offence.

The court made an order that the matter be mentioned at 9.15 am on 25 June 2021.