McKane v Commissioner of Corrective Services of New South Wales (No. 3)

The case of McKane v Commissioner of Corrective Services of New South Wales (No. 3) involved an inmate who was seeking judicial review of a decision made by the Commissioner of Corrective Services of New South Wales. The applicant, while in custody, intended to bring proceedings in the High Court, where he required typed documents. He sought access to a laptop with write and edit functionality in his cell. However, this request was denied, leading to his application for judicial review. The central legal issue before the court was whether the decision to deny access to the laptop was reviewable and, if so, whether it was unreasonable.

The court examined the scope of its judicial review jurisdiction, particularly in the context of prison administration and the ordinary managerial powers exercised by prison authorities. It considered whether the decision could be reviewed for reasons other than bad faith, improper purpose, or legal unreasonableness. The court concluded that the decision did not deny the applicant access to the High Court and therefore fell within the scope of the Supreme Court's supervisory jurisdiction under the Supreme Court Act 1970 (NSW) sections 23 and 69. The court held that the decision was not so unreasonable that no repository of the power could have made it.

In determining whether the decision was unreasonable, the court considered the practicalities of providing a laptop with write and edit functionality to an inmate, particularly in the context of prison security and the management of inmates. The court found that the decision was not legally unreasonable, and thus, the application for judicial review was dismissed. The court did not make any specific orders as the dismissal of the application effectively concluded the matter.