Eastman v Australian Capital Territory

The case of Eastman v Australian Capital Territory involved the applicant, Eastman, challenging the decision of the respondent, the Australian Capital Territory, to refuse to exercise its discretion to grant him release on licence. The dispute was heard by the Supreme Court of the Australian Capital Territory. The primary legal issue was whether the refusal to exercise a discretion to grant release on licence constituted a decision made "under an enactment" for the purposes of the Administrative Decisions (Judicial Review) Act 1989. Additionally, the court had to determine whether the refusal to grant release on licence amounted to a breach of the applicant's right to a fair trial under the Human Rights Act 2004, and whether prerogative relief was available given the discretionary nature of the decision.

The court examined the meaning of "decision" under the Administrative Decisions (Judicial Review) Act and considered whether the refusal to grant release on licence was a decision made under an enactment. It was held that the refusal to exercise the discretion to grant release on licence was not a decision that could be reviewed under the Act. The court also assessed whether the decision involved a judicial power and whether it breached the applicant's right to a fair trial. It was found that the decision did not constitute a judicial power and did not breach the right to a fair trial. Furthermore, the court addressed whether prerogative relief should be granted, noting that the nature of the decision was inherently discretionary, which made it unlikely to succeed. The application was dismissed on the grounds of futility.

The final orders of the court were that the application was dismissed. The court concluded that the refusal to grant release on licence was not a decision under an enactment and did not amount to a breach of the applicant's right to a fair trial. Given the discretionary nature of the decision, the court found that prerogative relief should be refused on the basis of futility.