Duxerty v Minister for Justice and Customs

Duxerty sought judicial review of the Minister for Justice and Customs' decision not to grant him parole release, a decision made under the Crimes Act 1914. The applicant argued that the Minister was not authorised to make the decision as it was the responsibility of the Attorney-General. The court examined whether the Minister was an authorised decision-maker and if the Minister had the authority to make the decision not to grant parole release on 3 July 2002. The court found that the Minister did not defer making a decision on the question of the applicant's release on parole; rather, he made an adverse decision. The Minister had considered the parole reports, the judge's remarks, and the applicant's letter in making the decision. The delegate's decision to reconsider the matter on 8 July 2002 did not limit the Attorney-General's reconsideration of the question.

The court concluded that the Minister was an authorised decision-maker under a Ministerial arrangement of the type contemplated by s 18C of the Acts Interpretation Act 1901. The Minister had the authority to make the decision not to grant parole release on 3 July 2002. The applicant's case that the Minister simply deferred making a decision on the question of release on parole was incorrect, as the Minister made a decision adverse to the applicant. The court found that the application for judicial review was without merit, and the application was dismissed with costs.