Masters v Minister for Police and Corrective Services and Minister for Fire and Emergency Services

The case before the court involved Masters, who is serving a life sentence for murder in a Western Australian prison, and the Minister for Police and Corrective Services and the Minister for Fire and Emergency Services, both from Queensland. Masters applied for a prisoner transfer to a Queensland prison under the Prisoners (Interstate Transfer) Act 1983 (WA). The respondents, however, refused to consent to the transfer, citing the gravity and seriousness of Masters' offence, the estimated costs of maintaining him in a Queensland prison, and the current capacity utilisation rate for male high security prisoners in Queensland. Masters then sought a statutory order of review of the respondents' decision, arguing that the decision was an improper exercise of power because the respondents took irrelevant considerations into account.

The legal issue before the court was whether the respondents took irrelevant considerations into account when refusing to consent to the transfer of Masters from a Western Australian prison to a Queensland prison. The court had to determine whether the gravity and seriousness of the offence, the estimated costs of maintaining Masters in custody, and the capacity utilisation rate for male high security prisoners in Queensland were relevant considerations under the Prisoners (Interstate Transfer) Act 1982 (Qld). The court also had to decide whether the respondents' failure to consider other relevant factors, such as the availability of appropriate security measures and the proximity of Masters' family and support networks in Queensland, rendered the decision unlawful.

The court found that the respondents did not take irrelevant considerations into account when deciding not to consent to the transfer of Masters to a Queensland prison. The court held that the gravity and seriousness of Masters' offence, the estimated costs of maintaining him in custody, and the capacity utilisation rate for male high security prisoners in Queensland were all relevant considerations under the Prisoners (Interstate Transfer) Act 1982 (Qld). The court also found that the respondents' failure to consider other relevant factors did not render the decision unlawful, as these factors were not determinative of the decision. The application for a statutory order of review was dismissed.

The court's final order was that the application for a statutory order of review was dismissed. The court held that the respondents did not take irrelevant considerations into account when deciding not to consent to the transfer of Masters to a Queensland prison. The court found that the respondents' decision was lawful and that there were no grounds for a statutory order of review.