SUPREME COURT OF QUEENSLAND
CITATION:
Burns v Parole Board Queensland [2024] QSC 301
PARTIES:
CLINTON BURNS
(applicant)
v
PAROLE BOARD QUEENSLAND(respondent)
FILE NO/S:
BS 9627 of 2024
DIVISION:
Trial Division
PROCEEDING:
Application for statutory order of review
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
5 December 2024
DELIVERED AT:
Brisbane
HEARING DATE:
22 November 2024
JUDGE:
Treston J
ORDER:
1. The application is dismissed.
2. Each party is to bear their own costs.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – where the applicant is serving a sentence of imprisonment and made an application for parole – where the respondent refused the parole application – where the applicant seeks a statutory order of review of the respondent’s decision on the grounds of unreasonableness, natural justice, and failure to take relevant considerations into account – whether any grounds of review are made out – whether the decision of the respondent ought to be set aside
Corrective Services Act 2006 (Qld) s 180, s 193(1)(b)
Judicial Review Act 1991 (Qld) s 20(2), s 22(2)Batts v Department of Corrective Services; Fogarty v Department of Corrective Services [2002] QSC 206, cited
Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576, cited
Hickson v Parole Board Queensland [2024] QSC 133, cited
Kioa v West (1985) 159 CLR 550, cited
McGrane v The Queensland State Parole Board [2012] QSC 350, cited
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, cited
Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541, cited
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332, citedCOUNSEL:
The applicant appeared on his own behalf
RC Taylor for the respondentSOLICITORS:
The applicant appeared on his own behalf
Parole Board Queensland Legal Services for the respondent
The applicant seeks a statutory order of review of the respondent’s decision of 10 July 2024, which refused his application for a parole order under s 193(1)(b) of the Corrective Services Act 2006 (Qld).
The application is brought pursuant to the Judicial Review Act 1991 (Qld) (“JR Act”).
The applicant is self-represented. He has articulated the grounds of his appeal in his written outline of submission and orally.
A fair summary of the grounds of the application is first, that the respondent’s decision is unreasonable; second, that there has been a denial of natural justice; third, that there has been a want of procedural fairness; fourth, that the respondent has failed to place proper weight on particular facts; and fifth, that the respondent has failed to take into account relevant considerations.
Some of the factors relied on and respect of each of these grounds are overlapping.
The respondent contends that the grounds can broadly be categorised into three parts. Ground one is unreasonableness. Ground two is a breach of natural justice (which also encompasses the ground of procedural fairness). Ground three is a failure…
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- Case
- [2024] QSC 301
- Decision Date
CaseChat Overview and Summary
The court identified the key issues as whether the decision to refuse parole was unreasonable, whether there was a breach of natural justice, and whether the respondent failed to take relevant considerations into account. The court noted that the discretion to decide parole applications is broad and unfettered, but it must be exercised with regard to the purpose of the Corrective Services Act, which is community safety and crime prevention. The court also had to consider the relevance of the Ministerial Guidelines, which, while not binding, must be taken into account. The applicant argued that the respondent’s decision was unreasonable, breached natural justice, and failed to consider relevant factors. The respondent argued that the decision was made correctly and that the application was of no utility as it sought to review a decision that had already been made.
The court found that the decision to refuse parole was not unreasonable, did not breach natural justice, and did take relevant considerations into account. The court considered the respondent’s adherence to the purpose of the Corrective Services Act and the relevant guidelines. The court concluded that the decision-making process was lawful, and there was no basis for the court to interfere with the decision. The court also noted that the application for judicial review was of no utility as it sought to review a decision that had already been made. The court therefore dismissed the application and ordered that each party bear their own costs.
The court dismissed the application for judicial review and ordered that each party bear their own costs. The decision underscores the limited scope of judicial review in cases involving the exercise of broad discretionary powers by administrative bodies, particularly in the context of parole decisions. The court’s reasoning highlights the importance of adherence to statutory purposes and guidelines, while also reaffirming the principle that judicial review is confined to the legality of the decision and not its merits.
Orders
Orders of the court
1. The application is dismissed.
2. Each party is to bear their own costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.