Lawrence v Fuller

In Lawrence v Fuller, the applicant, who was subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), sought a statement of reasons for a decision made by a corrective services officer that he not have in-person contact with a specific person. The respondents argued that the decision was not subject to the requirement to provide reasons under the Judicial Review Act 1991 (Qld) as it was made under the supervision order and not the Act itself. The applicant contended that the decision was made under the Act and thus entitled to reasons. The court had to decide whether the decision was made under an enactment and whether the supervision order was a statutory instrument, which would also entitle the applicant to reasons.

The court found that the decision was indeed made under the Dangerous Prisoners (Sexual Offenders) Act, as the corrective services officer's power to issue such a direction stemmed from the Act. The fact that the decision could not have been made without the supervision order did not negate that it was made under the Act. The court also found that it was unnecessary to determine if the supervision order was a statutory instrument, as the decision was already established to be made under an enactment.

The court ordered that the applicant was entitled to a statement of reasons under the Judicial Review Act 1991 (Qld) and directed the respondents to provide these reasons within 28 days. Additionally, the court ordered the respondents to pay the applicant's costs of and incidental to the application.