Spence v State of Queensland

The High Court of Australia considered an appeal by Mr Spence against the State of Queensland concerning the validity of certain provisions of the *Corrective Services Act 1988* (Qld) and the *Corrective Services Regulation 1991* (Qld). The dispute arose from Mr Spence's detention and the conditions of his confinement, which he alleged were unlawful.

The central legal issue before the High Court was whether the impugned provisions of the Act and Regulation, which purported to authorise the detention of prisoners beyond their lawful sentence expiry date in certain circumstances, were constitutionally valid. Specifically, the Court had to determine if these provisions were inconsistent with Chapter III of the *Australian Constitution*, which vests the judicial power of the Commonwealth exclusively in the courts.

The Court reasoned that the power to detain a person in custody is a fundamental aspect of the judicial power. It held that the executive government, through the provisions of the *Corrective Services Act 1988* (Qld) and the *Corrective Services Regulation 1991* (Qld), could not be empowered to determine the length of a person's detention or to extend it beyond the period fixed by a court. Such a power, if exercised by the executive, would impermissibly encroach upon the exclusive judicial power vested in the courts by Chapter III of the Constitution. The Court found that the provisions in question were therefore invalid.

The High Court allowed the appeal, declared the relevant provisions of the *Corrective Services Act 1988* (Qld) and the *Corrective Services Regulation 1991* (Qld) invalid, and ordered that Mr Spence be released from custody.