Kirkman v Moore

In the case of Kirkman v Moore, the plaintiff, Kirkman, challenged the decision of the Commissioner of the Northern Territory Correctional Services to transfer him from the Darwin Correctional Centre to the Don Dale Juvenile Detention Centre. The primary issue before the court was whether the Commissioner's decision was unreasonable, given the plaintiff's submission that the Commissioner failed to take into account certain considerations, including Recommendation 168 and the Articles of the United Nations Convention on the Rights of the Child, as well as the plaintiff's mental and emotional state, and the support provided by his family visits.

The court found that the Commissioner had indeed taken into account the relevant considerations, including the provisions of Recommendation 168 and the Articles of the Convention, as well as the plaintiff's mental and emotional state and the support provided by his family visits. The court held that the plaintiff had no legitimate expectation that he would spend the entirety of his imprisonment at the Darwin Correctional Centre. Furthermore, the court noted that it was not clear what specific enquiry the Commissioner should have undertaken, nor what additional information he would have obtained that he did not already know. The Commissioner had already considered the submissions made by the plaintiff and the available psychological reports, and re-assessed the situation in light of new information but remained unpersuaded to change the original decision.

The court concluded that the Commissioner's decision was not unreasonable, and the plaintiff's challenge was unsuccessful. As a result, the plaintiff's appeal was dismissed and the Commissioner's decision to transfer the plaintiff to the Don Dale Juvenile Detention Centre was upheld.