McGrane v Queensland State Parole Board - [2012] QCA 1

SUPREME COURT OF QUEENSLAND

CITATION:

McGrane v Queensland State Parole Board [2012] QCA 1

PARTIES:

JAMES McGRANE
(appellant)
v
QUEENSLAND STATE PAROLE BOARD
(respondent)

FILE NO/S:

Appeal No 4966 of 2011
SC No 13762 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

3 February 2012

DELIVERED AT:

Brisbane

HEARING DATE:

24 August 2011

JUDGES:

Fraser and White JJA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

APPEAL DISMISSED

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR RELATING TO FACTS – where the appellant applied for a statutory order of review of the respondent’s decision to refuse his application for parole – where the appellant argued that the respondent’s decision was based upon a number of factual matters which did not exist – where the appellant argued that the primary judge erred in finding that the respondent’s decision was not based upon a failure by the appellant to respond to the parole board’s concerns in relation to his relapse prevention plan, the false premise that the appellant’s relapse prevention plan had not changed from previous parole applications, or a belief that the appellant displayed “addictive behaviour”, and that there was no denial of procedural fairness – where the appellant also argued that the primary judge failed to rule upon his argument that there was no evidence to substantiate a belief that the appellant was not “versed” in a relapse prevention plan – whether the primary judge erred in finding that this ground of review was not established

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – APPLYING POLICY AND MERITS OF CASE – where the appellant argued below that the Board acted in accordance with policy and without regard to the merits of his case because they required him to be given a lower security classification and to remain in residential accommodation as a precondition for parole being granted – where the appellant argued that the primary judge did not rule upon his argument that the respondent failed to consider the merits of his relapse prevention plan, and that the primary judge did not refer in any substantial manner to his argument that his security rating was irrelevant – where the appellant argued the primary judge erred in finding that the respondent did consider the appellant’s submissions that he had been unfairly treated by management at Wolston Correctional Centre – where the appellant argued the primary judge failed to consider his argument that a favourable psychologist’s report demonstrated that the respondent failed to consider the merits of his case – whether the primary judge erred in finding that this ground of review was not established

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – BAD FAITH – where the appellant argued that his previous parole applications displayed a change in approach by the respondent in relation to relapse prevention planning and residential…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] QCA 1
Decision Date: 3 February 2012

CaseChat Overview and Summary

The case of McGrane v Queensland State Parole Board involved the appellant, McGrane, who sought a statutory order of review against the decision of the respondent, the Queensland State Parole Board, to refuse his application for parole. McGrane argued that the decision was based on several factual errors, specifically that the Board had not considered his relapse prevention plan and had incorrectly believed that his security rating was relevant. Additionally, McGrane contended that the Board acted in bad faith, citing inconsistencies in its approach to parole decisions. The primary judge had dismissed McGrane's application, finding that the Board's decision was based on valid considerations and that there was no procedural unfairness or bad faith.

The legal issues before the court centred on whether the primary judge erred in finding that the Board's decision was not based on factual errors, that the Board had not acted in bad faith, and that there was no procedural unfairness. McGrane's appeal hinged on whether the primary judge correctly assessed the Board's reliance on the relapse prevention plan, the relevance of the security rating, and the consistency of the Board's approach in previous parole decisions. Moreover, McGrane argued that the primary judge failed to adequately address his submissions regarding the Board's failure to consider the merits of his case and the psychologist's report.

The court examined the primary judge's findings and concluded that there was no error in the judge's assessment. The court found that the Board's decision was based on proper consideration of McGrane's relapse prevention plan and security rating, and that any perceived inconsistencies in the Board's approach were adequately explained. The court also determined that the primary judge correctly found no evidence of bad faith or procedural unfairness. The appeal was dismissed as the primary judge's findings were well-supported and correctly applied the relevant legal principles.

The appeal was dismissed, affirming the primary judge's decision that the Board's decision was lawful and that McGrane's grounds for review were not established.

Orders

Orders of the court

APPEAL DISMISSED

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	McGrane v Queensland State Parole Board [2012] QCA 1
PARTIES:	JAMES McGRANE (appellant) v QUEENSLAND STATE PAROLE BOARD (respondent)
FILE NO/S:	Appeal No 4966 of 2011 SC No 13762 of 2010
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	3 February 2012
DELIVERED AT:	Brisbane
HEARING DATE:	24 August 2011
JUDGES:	Fraser and White JJA and North J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	APPEAL DISMISSED
CATCHWORDS:	ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR RELATING TO FACTS – where the appellant applied for a statutory order of review of the respondent’s decision to refuse his application for parole – where the appellant argued that the respondent’s decision was based upon a number of factual matters which did not exist – where the appellant argued that the primary judge erred in finding that the respondent’s decision was not based upon a failure by the appellant to respond to the parole board’s concerns in relation to his relapse prevention plan, the false premise that the appellant’s relapse prevention plan had not changed from previous parole applications, or a belief that the appellant displayed “addictive behaviour”, and that there was no denial of procedural fairness – where the appellant also argued that the primary judge failed to rule upon his argument that there was no evidence to substantiate a belief that the appellant was not “versed” in a relapse prevention plan – whether the primary judge erred in finding that this ground of review was not established ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – APPLYING POLICY AND MERITS OF CASE – where the appellant argued below that the Board acted in accordance with policy and without regard to the merits of his case because they required him to be given a lower security classification and to remain in residential accommodation as a precondition for parole being granted – where the appellant argued that the primary judge did not rule upon his argument that the respondent failed to consider the merits of his relapse prevention plan, and that the primary judge did not refer in any substantial manner to his argument that his security rating was irrelevant – where the appellant argued the primary judge erred in finding that the respondent did consider the appellant’s submissions that he had been unfairly treated by management at Wolston Correctional Centre – where the appellant argued the primary judge failed to consider his argument that a favourable psychologist’s report demonstrated that the respondent failed to consider the merits of his case – whether the primary judge erred in finding that this ground of review was not established ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – BAD FAITH – where the appellant argued that his previous parole applications displayed a change in approach by the respondent in relation to relapse prevention planning and residential…