Johnston v The State of Queensland

Johnston (the applicant) sought judicial review of a decision made by the State of Queensland (the respondent) to refuse to grant him a licence to carry on the business of a bookmaker. The applicant had been convicted of a criminal offence in 2008, and the respondent had refused the licence on the grounds that the applicant was not a fit and proper person to hold such a licence, pursuant to section 10(1)(c) of the *Racing and Gaming Act 1980* (Qld). The matter came before Judge Jarrett in the Supreme Court of Queensland.

The primary legal issue before the Court was whether the respondent's decision to refuse the licence was affected by an error of law, specifically whether the respondent had failed to take into account relevant considerations or had taken into account irrelevant considerations when assessing the applicant's fitness and propriety. The applicant argued that the respondent had placed undue weight on his prior conviction and had not adequately considered his subsequent rehabilitation and good conduct.

Judge Jarrett found that the respondent had indeed erred in law. His Honour held that while the applicant's criminal conviction was a relevant consideration, the respondent had failed to give sufficient weight to the evidence of the applicant's rehabilitation and his subsequent good character. The Court reiterated the principle that a decision-maker must consider all relevant factors and that an assessment of fitness and propriety requires a holistic approach, not merely a mechanical application of a past event. The respondent's decision was therefore quashed.