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Secretary to the Department of Justice v AB

Secretary to the Department of Justice v AB

Case [2009] VCC 1132

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AGLC: Secretary to the Department of Justice v AB [2009] VCC 1132
Case: [2009] VCC 1132
Decision Date: 28 August 2009

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Citations

Secretary to the Department of Justice v AB [2009] VCC 1132

Most Recent Citation

Secretary to the Dept of Justice v Fletcher (Ruling No.3) [2009] VSC 503

Cases Citing This Decision

Nigro v Secretary to the Department of Justice [2013] VSCA 213
Citation 1 (Para 1)

…hat an offender is ’likely to commit an offence’ may be made where the likelihood was ‘less than more likely than not’.[96] [93][2009] VCC 1132 (‘ AB’ ). [94]For its terms see n 42 above. [95]Section 11(2A). [96]Section 11(2B).…
Secretary to the Dept of Justice v Fletcher (Ruling No.3) [2009] VSC 503
Citation 2 (Para 1)

…I have been most assisted by the very careful judgment of his Honour Judge Iain Ross in AB [1] but by reason of my Ruling; I do not get that far. [1][2009] VCC 1132.…

Cases Cited

Statutory Material Cited

R v Fearnside [2009] ACTCA 3
Citation 1 (Para 94)

…v Hanson [38] and adopted by the courts in the United Kingdom,[39] Canada,[40] South Africa[41] and Hong Kong.[42] [35] At paras [105] – [106] [37] (2009) 165 ACTR 22 at [94] and [97] – 98] [38] [2009] 3 ANLR 1 at [88] – [89], with whom Blanchard and McGrath JJ, agreed) [39] See Poplar Housing v Donoghue [2003] QB 48…
ARM v Secretary to the Department of Justice [2008] VSCA 266
Citation 2

…[4] [2008] VSCA 266…
RJE v Secretary to the Department of Justice [2008] VSCA 265
Citation 3

…The Secretary to the Department of Justice (RJE)[51] in construing ‘likely’ in s 11(1) to mean more likely than not. [50] [1998] AC 539 [51] [2008] VSCA 265 168 The right to personal liberty is one of the common law freedoms protected by the operation of this principle. 169 As Brennan J observed in R v Bolton and…
The State of Western Australia v Latimer [2006] WASC 235
Citation 4 (Para 16)

…and Western Australia v Latimer [2006] WASC 235 at [16]…
TSL v Secretary to the Department of Justice [2006] VSCA 199
Citation 5 (Para 10)

…SL v Secretary to the Department of Justice : ‘A person subject to an extended supervision order is a prisoner in all but name’.[1] [1] (2006) 14 VR 109 at [10] 5 A review of the practical operation of the scheme shows that about half the offenders subject to an ESO are, for all practical purposes, confined within…
Royal Women's Hospital v Medical Practitioners Board of Victoria [2006] VSCA 85
Citation 6

…Practitioners’Board of Victoria (2006) 15 VR 22 at 38-39 per Maxwell P.…
Applicant A169 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 8
Citation 7 (Para 30)

…Gleeson CJ in Plaintiff 5157/2002 v The Commonwealth (2003) 211 CLR 476 at [30], Kirby J in Daniels Corporation…
Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49
Citation 8

…v ACCC [2002] 213 CLR 543 at 582 and Vickery J in Nolan v MBF Investments Pty Ltd [2009] VSC 244 at [182].…
Aliferis v Kyriacou [2000] VSCA 123
Citation 9

…elling in circumstances where the words in question have been added by amendment, as is the case here: Transport Accident Commission v Treloar [1992] 1 VR 447 at 462 per Brooking J…
Edwards v Justice Giudice [1999] FCA 1836
Citation 10

…FCA 1121; Edwards v Giudice and others (1999-2000) 169 ALR 89…
Nicholas v The Queen [1998] HCA 9
Citation 11

…a power, it means that the power may be exercised, or not, at discretion. See also R v Moffatt [1998] 2 VR 229 at 234…
Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20
Citation 12

…ration, Local Government and Ethnic Affairs (1992) 176 CLR 1 at 38) [46] Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 at 287 [47] (1992) 112 ALR 529 at 535 “… the Parliament may make no attempt to incorporate expressly into domestic law the terms of a convention which has been ratified by Aus…
Coco v the Queen [1994] HCA 15
Citation 13

…or usual approach to statutory construction, in two ways: •the relevance of Australia’s international obligations; and [43] Coco v R (1994) 179 CLR 427 at 437 per Mason CJ, Brennan, Gaudron and McHugh JJ) • the common law proposition that fundamental rights and freedoms cannot be abrogated without ‘a clear expressio…
Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64
Citation 14

…CLR 309 at 363 per O’Connor J; Brown and [45] Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 at 38) [46] Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 at 287 [47] (1992) 112 ALR 529 at 535 “… the Parliament may make no attempt to incorporate ex…
Polites v The Commonwealth [1945] HCA 3
Citation 15

…and not in conflict with international law: Zachariassen v Commonwealth (1917) 24 CLR 166 at 181 Polites v Commonwealth (1945) 70 CLR 60 at 68-9, 77, 80-1.”…
Zachariassen v The Commonwealth [1917] HCA 77
Citation 16

…e taken as intending to legislate in conformity and not in conflict with international law: Zachariassen v Commonwealth (1917) 24 CLR 166 at 181 Polites v Commonwealth (1945) 70 CLR 60 at 68-9, 77, 80-1.”…
Jumbunna Coal Mine NL v Victorian Coal Miners' Association [1908] HCA 95
Citation 17

…Foreign Affairs and Trade and Others v Magno and Another :[47] [44] Jumbunna Coal Mine NL v Victorian Coal Miners Association (1908) 6 CLR 309 at 363 per O’Connor J; Brown and [45] Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 at 38) [46] Minister for Immigration and…
Consumer Commission v Leelee Pty Ltd [1999] FCA 1121
Citation 18

…ing J CLR 625 at 635-636. Minister for Environment (No 3) (1997); Australian Competition and Consumer Commission v Leelee Pty Ltd [1999] FCA 1121; Edwards v Giudice and others (1999-2000) 169 ALR 89 Review 295 at 297 in which Lord Walker says that the words ‘consistently with their purpose’ have been read into s 3…
Brown v Classification Review Board [1998] FCA 319
Citation 19

…6 [2009] VCAT 646 (23 April 2009) Others v Members of the Classification Review Board of the Office of Film and Literature Classification (1998) 154 ALR 67, and the authorities cited at p 78 Practitioners’Board of Victoria (2006) 15 VR 22 at 38-39 per Maxwell P. Responsibilities’, Law Book Co. table of comparable in…
Minister for Foreign Affairs and Trade v Magno [1992] FCA 566
Citation 20

…hnic Affairs (1992) 176 CLR 1 at 38) [46] Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 at 287 [47] (1992) 112 ALR 529 at 535 “… the Parliament may make no attempt to incorporate expressly into domestic law the terms of a convention which has been ratified by Australia. Nevertheless, the terms…
Nolan v MBF Investments Pty Ltd [2009] VSC 244
Citation 21 (Para 150)

…164 International law now has an entrenched influence on Australian jurisprudence.[48] [48] Nolan v MBF Investments Pty Ltd [2009] VSC 244 at [150]-[167] per Vickery J; Royal Womens Hospital v Medical 165 In this context it is important to recognise that the rights set out in Part 2 of the Charter are primarily d…

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