SUPREME COURT OF QUEENSLAND
CITATION: Harms v Qld Parole Board [2008] QSC 163 PARTIES: COLIN GORDON HARMS
(applicant)v QUEENSLAND PAROLE BOARD
(respondent)FILE NO: BS3075/08 DIVISION: Trial Division PROCEEDING: Application ORIGINATING
COURT:Supreme Court, Brisbane DELIVERED ON: 4 August 2008 DELIVERED AT: Supreme Court, Brisbane HEARING DATE: 24 July 2008 JUDGE: Douglas J ORDER: Application dismissed. CATCHWORDS: ADMINISTRATIVE LAW – JUDICIAL REVIEW –
GROUNDS OF REVIEW – PROCEDURAL FAIRNESS –
HEARING – NATURE OF HEARING – DISCLOSURE OF
EVIDENCE AND MATERIAL FACTORS – where the
applicant was serving a term of imprisonment – where the
Queensland Parole Board rescinded a grant of parole –
whether documents used to reach the decision are properly
able to be kept from the applicant under a claim of public
interest privilegeActs Interpretation Act 1954, s. 24AA
Corrective Services Act 2006, s. 205, s. 211
Judicial Review Act 1991, s. 20(2)(a)(i), s. 20(2)(b)Alister v The Queen (1984) 154 CLR 404, distinguished
Applicant VEAL of 2002 v Minister for Immigration and
Multicultural and Indigenous Affairs (2005) 225 CLR 88,
distinguished
Attorney-General (NSW) v Stuart (1994) 34 NSWLR 667,
considered
D v National Society for the Prevention of Cruelty to
Children [1978] AC 171, distinguished
Duncan v Cammell, Laird & Co Ltd [1942] AC 624, citedGypsy Jokers Motorcycle Club Inc v Commissioner of Police
(2008) 82 ALJR 454, cited
Kidd v Chief Executive, Department of Corrective Services
[2000] QSC 405, cited
Kioa v West (1985) 159 CLR 550, cited
R v Abdullah & Ors [1999] NSWCCA 188, cited
R v Harms [2000] QCA 419, cited
Re Solomon [1994] 2 Qd R 97, cited
Rogers v Home Secretary [1973] AC 388, cited
Sankey v Whitlam (1978) 142 CLR 1, citedCOUNSEL: D. O’Gorman SC for the applicant
P. Flanagan SC and K. Mellifont for the respondentSOLICITORS: Prisoners’ Legal Service for the applicant
Crown Law for the respondent
Douglas J: The issue in this case is whether documents used by the Queensland Parole Board in deciding to rescind its earlier decision to release the applicant on parole are properly able to be kept from him because of a claim of public interest privilege.
Background
The applicant has been in prison since 18 December 1999 when he was convicted of the attempted murder of someone alleged to have been a police informant and sentenced to nine years and six months imprisonment. Subsequently, on 1 March 2001, he was also convicted of a number of drug offences and sentenced to a head term of eight years and six months imprisonment to be served concurrently with the earlier sentence. He was also sentenced on 31 October 2001 in the District Court to six months imprisonment wholly suspended for receiving and unlawful possession of a motor vehicle with a circumstance of aggravation. His full time discharge date is 31 August 2009 but he was eligible for consideration for release on parole from 12 April 2007. On…
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- Case
- [2008] QSC 163
- Decision Date
CaseChat Overview and Summary
The court examined whether the Board's decision-making process was flawed due to a lack of disclosure of evidence and material factors that could have influenced the outcome. The applicant argued that the Board failed to provide adequate information regarding the reasons for the revocation of parole. The court considered whether the Board's actions were consistent with the legal requirements for disclosure in parole hearings and whether the applicant was afforded a fair opportunity to respond to the evidence against him.
The court concluded that the Board's decision-making process was not procedurally unfair. It found that the Board had properly considered all relevant evidence and factors, and that the applicant had been given a sufficient opportunity to respond. The court held that the Board's decision to rescind the parole was lawful and in accordance with the applicable legal standards. Consequently, the application for judicial review was dismissed.
Orders
Orders of the court
Application dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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