Griffiths v Department of Corrective Services - [2006] QSC 390

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SUPREME COURT OF QUEENSLAND

CITATION: Griffiths v Department of Corrective Services [2006] QSC
390
PARTIES: LAWRENCE MATTHEW GRIFFITHS
(applicant)
v
CHIEF EXECUTIVE, DEPARTMENT OF
CORRECTIVE SERVICES
(respondent)
FILE NO/S: 6692/05
DIVISION: Trial Division
PROCEEDING: Application
ORIGINATING
COURT: Supreme Court of Queensland
DELIVERED ON: 4 August 2006
DELIVERED AT: Brisbane
HEARING DATE: 4 August 2006
JUDGE: Philip McMurdo J

ORDER:

1.

That the decision of the delegate of the Chief Executive made on 10 April 2006 be set aside.

2.

That the matter be remitted to the Chief Executive or to a delegate of the Chief Executive for reconsideration according to law.

CATCHWORDS: ADMINISTRATIVE LAW – JUDICIAL REVIEW OF
ADMINISTRATIVE ACTION – IRRELEVANT
CONSIDERATIONS – where the Act provides certain
mandatory considerations – where there are recommendations
dealing with those considerations - where the decision maker
refers to the willingness to undertake a particular programme
in future – whether the completion of the programme was an
irrelevant consideration.

ADMINISTRATIVE LAW – JUDICIAL REVIEW OF ADMINISTRATIVE ACTION – FAILURE TO EXERCISE DISCRETION – GENERAL – where an Act requires an individual to undertake half-yearly reviews according to particular considerations - where there is a purported delegation of that power – where that delegation imposes additional conditions restricting the power of review – whether the delegated review is a review under the Act. Corrective Services Act 2000 (Qld)
Judicial Review Act 1991 (Qld)
COUNSEL: Mr Griffiths (in person) for the applicant
K A Mellifont for the respondent
SOLICITORS: Crown Law for the respondent

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Griffiths v Department of Corrective Services [2006] QSC 390

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CITATION:	Griffiths v Department of Corrective Services [2006] QSC 390
PARTIES:	LAWRENCE MATTHEW GRIFFITHS (applicant) v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIVE SERVICES (respondent)
FILE NO/S:	6692/05
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED ON:	4 August 2006
DELIVERED AT:	Brisbane
HEARING DATE:	4 August 2006
JUDGE:	Philip McMurdo J

ORDER:	1.	That the decision of the delegate of the Chief Executive made on 10 April 2006 be set aside.
2.	That the matter be remitted to the Chief Executive or to a delegate of the Chief Executive for reconsideration according to law.

CATCHWORDS:	ADMINISTRATIVE LAW – JUDICIAL REVIEW OF ADMINISTRATIVE ACTION – IRRELEVANT CONSIDERATIONS – where the Act provides certain mandatory considerations – where there are recommendations dealing with those considerations - where the decision maker refers to the willingness to undertake a particular programme in future – whether the completion of the programme was an irrelevant consideration.
ADMINISTRATIVE LAW – JUDICIAL REVIEW OF ADMINISTRATIVE ACTION – FAILURE TO EXERCISE DISCRETION – GENERAL – where an Act requires an individual to undertake half-yearly reviews according to particular considerations - where there is a purported delegation of that power – where that delegation imposes additional conditions restricting the power of review – whether the delegated review is a review under the Act. Corrective Services Act 2000 (Qld)
Judicial Review Act 1991 (Qld)
COUNSEL:	Mr Griffiths (in person) for the applicant K A Mellifont for the respondent
SOLICITORS:	Crown Law for the respondent