Hawes v Governor of Goulburn Correctional Centre

The applicants, Hawes and others, sought judicial review of decisions made by the Governor of Goulburn Correctional Centre concerning the management of their property. The dispute centred on the respondents' alleged failure to properly account for and return property belonging to the applicants, who were prisoners at the time. The matter came before the High Court of Australia.

The primary legal issues before the High Court were whether the respondents had breached their duty of care to the applicants regarding the safekeeping and return of their property, and whether the respondents had acted unlawfully in their dealings with that property. The applicants also raised questions about the proper application of the *Prisons Act 1952* (NSW) and associated regulations in relation to inmate property.

The High Court considered the common law duty of care owed by custodians of property, including correctional authorities, to those whose property they hold. Their Honours found that while correctional authorities have a responsibility to manage inmate property, this responsibility is circumscribed by the specific provisions of the governing legislation. The Court examined the evidence presented regarding the handling of the applicants' property and determined that, on the facts, the respondents had not breached their legal obligations. The Court noted that the applicants had not demonstrated that the property was lost or damaged due to negligence on the part of the correctional centre staff, nor had they established that the property was unlawfully retained.

The High Court dismissed the application for judicial review.