DAR v The Queensland Parole Board

The applicant, DAR, sought a review of a decision by the Queensland Parole Board to refuse his request for release on parole. DAR had been sentenced to twelve years in prison for various sexual offences. He argued that the Board had made its decision based on a policy to refuse parole for sex offenders who had not completed a recommended program, without considering the merits of his case. Additionally, he claimed that the Board had taken into account irrelevant considerations, including his criminal history and the fact that he had not completed a sex offenders’ course. The Board, however, maintained that it had considered all relevant information provided by the Department in making its decision.

The court was tasked with determining whether the Board had made its decision based on a policy without considering the merits of the case and whether the Board had taken into account irrelevant considerations in its decision-making process. The court examined the relevant legislation, policies, and the Board's decision-making process. The court held that the Board had not acted in accordance with a policy without considering the merits of the case. The Board had considered all relevant information, including the Department's material, and had made a decision based on the merits of the case. The court also found that the Board had not taken into account irrelevant considerations, as the information it had considered was relevant to the decision-making process.

The court dismissed the application for a statutory order of review. The decision of the Queensland Parole Board to refuse DAR's request for release on parole was upheld. The court found that the Board had not acted outside its powers, nor had it taken into account irrelevant considerations in making its decision. The Board had considered all relevant information and made its decision based on the merits of the case.