Johnston v The Central and Northern Queensland Regional Parole Board

The case of Johnston v The Central and Northern Queensland Regional Parole Board concerned the refusal by the respondent, the Central and Northern Queensland Regional Parole Board, to grant parole to the applicant, Johnston. Johnston, who had a significant criminal history, had applied for parole on several occasions, with his most recent application being refused on 2 May 2017. The applicant sought judicial review of the decision to refuse parole, alleging that the respondent had erred in finding that he had not completed a substance abuse program, had fettered its discretion by strictly applying policy without considering the merits, and had failed to consider relevant considerations such as the effect of denying parole on the length of supervision in the community.

The legal issues before the court were whether the respondent had erred in finding that Johnston had not completed the Pathways Program, whether the respondent had fettered its discretion by strictly applying policy without regard to the merits, and whether the respondent had failed to take into account relevant considerations regarding the future effect of refusing parole.

The court found that the respondent had not erred in finding that Johnston had not completed the Pathways Program, as there was evidence to support this finding. The court also found that the respondent had not fettered its discretion by strictly applying policy without consideration of the merits, as the decision to refuse parole was based on the evidence and the Parole Guidelines. However, the court did find that the respondent had failed to consider the future effect of refusing parole, which was a relevant consideration under the relevant guidelines.

The court set aside the decision of the respondent and referred Johnston's application for parole to the Parole Board Queensland for further consideration in accordance with the reasons provided. The court made no order as to costs.