McQueen v Chief Executive, Department of Corrective Services

The applicant, McQueen, sought a statutory order of review in respect of a maximum security order imposed on him by the Chief Executive of the Department of Corrective Services. The case was heard in the Queensland Supreme Court. McQueen contested the legality of the order under the Corrective Services Act 2000, specifically arguing that section 47(2)(b) had been misconstrued, and that the decision was so unreasonable that no reasonable person could have made it. He further argued that the decision-maker failed to consider relevant factors and took into account irrelevant ones.

The court examined whether the past history and current conduct of McQueen were appropriately considered in determining the currency of the matters specified in section 47(2)(b)(ii) and (iii) of the Act. The legal issues required the court to assess the correctness of the Chief Executive's interpretation of the statutory provisions and whether the decision-making process was flawed. The court had to determine if the decision was unreasonable and if there was a failure to consider relevant factors or inclusion of irrelevant ones.

The court found that the past history and current conduct of McQueen were indeed considered in making the decision, and that the Chief Executive's interpretation of section 47(2)(b) was correct. The decision was not so unreasonable as to be beyond the scope of what a reasonable person could decide. The court concluded that all relevant considerations had been taken into account and no irrelevant factors were considered. Therefore, the application for review was dismissed.