DAR v The Queensland Parole Board

SUPREME COURT OF QUEENSLAND

CITATION:

DAR v The Queensland Parole Board [2009] QSC 399

PARTIES:

DAR

(applicant)

AND

THE QUEENSLAND PAROLE BOARD

(respondent)

FILE NO/S:

BS9094 of 2009

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

10 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

28 October 2009

JUDGE:

Atkinson J

ORDER:

The application for a statutory order of review is dismissed

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – APPLYING POLICY AND MERITS OF CASE – where applicant sentenced to twelve years imprisonment for a number of sexual offences –  where applicant made an application for statutory order of review of a decision made by the respondent to refuse him a request to be released on a parole order – where applicant argued that the respondent acted in accordance with a policy to refuse parole because he was a sex offender and had not completed a recommended program – whether respondent made its decision based on a policy without regard to the merits of the case

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where applicant argued that the respondent took into account irrelevant considerations in making its decision to refuse a parole order – where applicant argued that the respondent took into consideration his criminal history – where applicant argued that respondent took into consideration that he had not completed a sex offenders’ course – where respondent relied on material provided by the Department – whether the respondent made its decision based on irrelevant considerations

Corrective Services Act 2006 (Qld), s 216, s 227(1)

Judicial Review Act 1991 (Qld), s 20(2)(e), s 23(a), s 23(f)

Attorney-General for the State of Queensland v Bielefeld [2009] QSC 352, cited
Green v Daniels (1977) 13 ALR 1; [1977] HCA 18, considered
Re Drake (No. 2) (1979) 2 ALD 634, considered

Wiskar v Queensland Corrective Services Commission [1998] QSC 279, considered

COUNSEL:

Applicant appeared on his own behalf

K Mellifont for the respondent

SOLICITORS:

Applicant appeared on his own behalf

GR Cooper Crown Solicitor for the respondent

1. The applicant filed an application for a statutory order of review on 19 August 2009.  By the time the matter came on for hearing in applications on 28 October 2009, he sought to rely upon an application in rather different terms.  The respondent took no objection to that course and that will be the application considered by the court. 

1. The applicant seeks to have a decision made by the Queensland Parole Board (the “Board”) on 8 May 2009 declining to grant the applicant’s request to be released on a parole order set aside.  The applicant requested a statement of reasons from the Board for its decision and that statement of reasons dated 21 July 2009 was before the court.  The applicant also put various other documents before the court.  Only those that came into existence before the decision under review can be relevant to his application.

1. The applicant is in…