Hopper & Anor v State of Victoria

The High Court of Australia heard an appeal by the applicants, Hopper and another individual, against the State of Victoria. The dispute concerned the validity of certain provisions within the *Corrections Act 1986* (Vic) and the *Sentencing Act 1991* (Vic) as they applied to the applicants' detention and sentencing.

The central legal issue before the High Court was whether the impugned provisions of the Victorian legislation, which prescribed mandatory minimum detention periods and allowed for the retrospective application of sentencing laws, were constitutionally valid. Specifically, the Court was required to consider whether these provisions infringed upon the implied constitutional prohibition against the legislative exercise of judicial power, as established in *Kable v Director of Public Prosecutions (NSW)*.

In its reasoning, the High Court, led by Gageler CJ, determined that the provisions in question did not impermissibly encroach upon the judicial power of the Commonwealth. The Court distinguished the present case from *Kable*, finding that the Victorian legislation did not involve the executive or legislature assuming a function that was inherently judicial in nature, nor did it undermine the institutional integrity of the courts. The Court affirmed that while legislative interference with judicial decision-making must be carefully scrutinised, the impugned provisions, in their operation, did not cross the constitutional threshold for invalidity.

The appeal was dismissed.