Rhodes v Parole Board of Queensland

[2021] QSC 196

SUPREME COURT OF QUEENSLAND

CITATION:

Rhodes v Parole Board of Queensland [2021] QSC 196

PARTIES:

SHAYNE MITCHELL RHODES

(Applicant)

v
PAROLE BOARD QUEENSLAND

(Respondent)

FILE NO/S:

No 1018 of 2021

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

23 February 2021

DELIVERED AT:

Brisbane

HEARING DATE:

23 February 2021

JUDGE:

Callaghan J

ORDER:

1. Pursuant to s 30(3) of the Judicial Review Act 1991 (Qld) that the Parole Board of Queensland make a decision about the applicant’s application for a parole order, received on 29 June 2020.

2.   Costs are awarded to the applicant fixed in the sum of $134.20.

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – where the respondent has failed to make a decision on the applicant’s application where there is a legal duty to do so – where the respondent is ordered to make a decision on the applicant’s application

COUNSEL:

S Rhodes (self rep) for the applicant

S Robb for the respondent

SOLICITORS:

Parole Board of Queensland for the respondent

1. This is the case of Shayne Mitchell Rhodes against the Parole Board of Queensland. On the 25th of March 2020, the applicant appeared in the District Court at Brisbane and was sentenced to imprisonment for a period of five years. It was ordered that he be eligible for parole on the 19th of December 2020 (there were pre-sentence certificates issues which explain the date at which eligibility was fixed). He applied for parole on 20 June 2020 and that application was received by the Parole Board of Queensland on 29 June 2020. The board was obliged, pursuant to s 193 of the Corrective Services Act 2006, to consider and decide his application by 27 October 2020 (a period of 120 days).

2. Whilst the board has met (on the 16 February 2021) to consider the applicant’s position, a decision about his application has not been made. It is self-evident that there has been, for purposes of s 22 of the Judicial Review Act 1991 (Qld), a failure to make a decision in circumstances where there was a legal duty to do so. Therefore, pursuant to subsection (3) of s 30 of the Judicial Review Act, I order that the Parole Board of Queensland make a decision about the applicant’s application for a parole order, received on 29 June 2020.  I have been informed – and for the purposes for this decision, accept – that a meeting to consider the application is scheduled for 9 March 2021.  In those circumstances, I do not apprehend the need for any further order. 

3. Mr Rhodes, you have been successful on your application.  I cannot accelerate things for you any more at this stage.  Make sure you do as best you can for your application on the 9th of March.  In all of the circumstances, I award costs to the applicant fixed in the sum of $134.20.