Hickson v Parole Board Queensland

Hickson, the applicant, sought judicial review of the Parole Board Queensland’s decision to refuse his parole application. Hickson, currently serving a sentence for multiple domestic violence, property, and motor vehicle offences, applied for parole on 3 May 2023. The Board first considered the application on 18 July 2023 and deferred making a decision, requesting further information. On 25 October 2023, the Board formed a preliminary view to refuse the application and notified Hickson of this decision on 9 November 2023. Hickson sought judicial review on the grounds that the decision was unreasonable, denied him procedural fairness, failed to take into account relevant considerations, took into account irrelevant considerations, and was not made within the prescribed period.

The court considered whether the Board’s decision to refuse parole was unreasonable, taking into account Hickson’s criminal history, performance under previous community-based orders, and alleged domestic violence. The court found that the Board’s consideration of Hickson’s use of the prisoner telephone system did not constitute an irrelevant consideration. The court also noted that the Board’s failure to decide the parole application within the prescribed period did not deprive it of jurisdiction to continue determining the application outside the prescribed time. The court preferred the view that such a failure does not mean that procedures required by law to be observed in relation to the making of the decision were not observed.

The court found that Hickson had not established that the Board failed to take into account relevant considerations, such as a letter from Hickson’s former partner and the fact that if granted parole, Hickson would reside in a different city from his partner. The court concluded that the Board’s decision was not unreasonable and did not fail to observe statutory procedure. Consequently, the application for judicial review was dismissed.