Mulligan v Queensland Community Corrections Board

Mulligan sought judicial review of a decision by the Queensland Community Corrections Board to refuse his application for parole. Mulligan argued that the Board had improperly exercised its discretion by not considering his application at the time specified in the sentencing judge's recommendation. He claimed that the Board had failed to consider relevant factors and had relied on irrelevant considerations in making its decision. Mulligan sought an order setting aside the Board's decision and directing it to reconsider his application on the merits.

The legal issues in the case centred around whether the Board had erred in refusing to depart from the Ministerial Guideline for approval for release, and whether it was required to adhere to the Guideline because exceptional circumstances had not been shown. Mulligan argued that the Guideline did not prevent the Board from considering applications for release on the merits at the time specified in the sentencing judge's recommendation. He also contended that the application was not out of time, as it had been deemed to have been commenced within the relevant time period.

The court found that the Board had indeed erred in its decision-making process. It held that parole authorities could not rely on the Guideline to prevent consideration of applications for release on the merits at the specified time. The court further held that the application was not out of time, as it had been deemed to have been commenced within the relevant time period. Consequently, the decision of the Board was set aside, and the matter was remitted back to the Board for reconsideration in accordance with law. The Board was also ordered to pay Mulligan's costs of and incidental to the application.