SUPREME COURT OF QUEENSLAND
CITATION:
MJE v Strofield (Magistrate) & another [2021] QSC 126
PARTIES: MJE
(applicant)
v
MAGISTRATE COLIN STROFIELD
(first respondent)
COMMISSIONER OF THE QUEENSLAND POLICE SERVICE(second respondent)
FILE NO/S:
BS No 12264 of 2020
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
3 June 2021
DELIVERED AT:
Brisbane
HEARING DATE:
11 February 2021
JUDGE:
Martin J
ORDER: 1. The applicant’s applications are dismissed.
2. The applicant pay the second respondent’s costs of the application.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DISTINCTION BETWEEN ADMINISTRATIVE AND JUDICIAL FUNCTIONS – where the applicant seeks a statement of reasons with respect to decisions of the first respondent – where the applicant seeks the review of decisions of the first respondent and of decisions made on appeal from decisions of the first respondent – where the decisions were not decisions of an administrative character – whether the applications should be dismissed
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISION TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – GENERALLY – where the applicant seeks orders to review some actions by members of the Queensland Police Service – where the applicant seeks orders for statement of reasons for numerous decisions made by members of the Queensland Police Service with respect to the conduct of investigations and of court proceedings – where the decisions of the second respondent are not susceptible to a statutory order of review – where the decisions of the second respondent are not susceptible to a request for a statement of reasons – whether the application should be dismissed
Crimes (Torture) Act 1988
Domestic and Family Violence Protection Act 2012, s 98
Human Rights Act 2019Judicial Review Act 1991, s 4, s 31, s 32, s 38, s 39, s 48, sch 2 cl 1, sch 2 cl 2
Hinchcliffe v Commissioner of Police of the Australian Federal Police (2001) 118 FCR 308
LBU v Queensland Police Service and Anor [2020] QDC 279
Martin v Nadler [2018] WASC 138
Maxwell v The Queen (1996) 184 CLR 501SRV v Commissioner of the Queensland Police Service and DTL [2020] QDC 208
COUNSEL: Applicant appeared for himself
No appearance for the first respondentM O’Brien for the second respondent
SOLICITORS: No appearance for the first respondent
Queensland Police Service Legal Division for the second respondent
The applicant (MJE) seeks a number of orders for review of various decisions and that each of the respondents provide statements of reasons pursuant to the Judicial Review Act 1991 (“the JR Act”). The first respondent (Strofield M) has been given leave to withdraw. The second respondent (the Commissioner) seeks an order that the application be dismissed.
MJE has been the subject of orders made under the Domestic and Family Violence Protection Act 2012 (“the DV Act”). He seeks to review decisions of Strofield M and other judicial officers, and he seeks orders that statements of reasons be given by…
Continue reading Mje v Strofield (Magistrate)
Sign in free to access the full text
- AGLC
- MJE v Strofield (Magistrate) [2021] QSC 126
- Case
- [2021] QSC 126
- Decision Date
CaseChat Overview and Summary
The court concluded that the application was an abuse of process and dismissed it in accordance with s 48 of the JR Act. The court ordered that MJE pay the costs of the second respondent. The reasoning of the court was based on the nature of the decisions in question, which were found to be judicial rather than administrative, and thus not subject to judicial review or the requirement for reasons under the JR Act. The court found that there was no reasonable basis for the application and that it was inappropriate for the application to continue.
Orders
Orders of the court
1. The applicant’s applications are dismissed.
2. The applicant pay the second respondent’s costs of the application.
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
Ratio Decidendi
Legal Principle Established
So far as it is relevant, schedule two provides:“1 Administration of criminal justiceDecisions relating to the administration of criminal justice, and, in particular — (a)decisions in relation to the investigation or prosecution of persons for offences against the law of the State, the Commonwealth, another State, a Territory or a foreign country; and (b) decisions in relation to the appointment of investigators or inspectors for the purposes of such investigations; and (c) decisions in relation to the issue of search warrants under a law of the State; and (d) decisions under a law of the State requiring — (i) the production of documents or things; or (ii) the giving of information; or (iii) the summoning of persons as witnesses.2 Civil proceedings Decisions in relation to the institution or conduct of proceedings in civil courts, including decisions that relate to, or may result in, the bringing of such proceedings for the recovery of the proceeds of crime or the recovery of pecuniary penalties arising from contraventions of enactments, and, in particular — (a)decisions in relation to the investigation of persons for such contraventions or the recovery of the proceeds of crime; and(b)decisions in relation to the appointment of investigators or inspectors the purposes of such investigations; and (c) decisions in relation to the issue of search warrants under enactments; and (d) decisions under enactments requiring — (i) the production of documents or things; or (ii) the giving of information; or (iii) the summoning of persons as witnesses.”The application against the first respondent MJE has, in email correspondence to the Brisbane Magistrates Court, sought a statement of reasons with respect to decisions of Strofield M. That in itself, of course, does not create a right to a statement of reasons. Section 32 of the JR Act provides that if a person makes a decision to which Part 4 applies then a person who is entitled to make an application may request a written statement. MJE also seeks the review of decisions of Strofield M and of decisions made on appeal from his decisions. The decisions made by Strofield M were of a judicial character. They involved, among other things, the exercise of a judicial discretion under, for example, s 98 of the DV Act. They were not decisions of an administrative character. Decisions made by District Court judges in appeals from decisions of Strofield M and another magistrate are not susceptible to review under the JR Act. Apart from those judges not being parties to MJE’s application, the decisions were judicial decisions pursuant to the appellate jurisdiction of the District Court. They were not decisions of an administrative character. I note that the alleged absence of reasons was not a ground upon which MJE sought to appeal the decision of Strofield M. In any event, MJE was not entitled to any such reasons pursuant to the JR Act because they do not fall within the general description of a “decision of an administrative character”.