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 a notice issued under s 10(1) of the *Corrective Services Act 1988* (Qld) which purported to transfer Mr. Spence from a correctional centre to a forensic disability service. Mr. Spence argued that the notice was invalid because it was issued by an officer who lacked the requisite authority under the Act.

The central legal issue before the High Court was whether the delegate who issued the s 10(1) notice possessed the necessary authority to do so. This involved an interpretation of the *Corrective Services Act 1988* (Qld) and the *Public Service Act 2008* (Qld), specifically concerning the delegation of powers and the validity of actions taken by delegates. The Court had to determine if the delegate's appointment and the subsequent exercise of the power to transfer were lawful.

Gageler J reasoned that the power to issue a notice under s 10(1) of the *Corrective Services Act 1988* (Qld) was a statutory power that could only be exercised by the chief executive or a person to whom the power was delegated in writing. His Honour found that the evidence did not establish that the delegate had been validly appointed or that the power had been validly delegated to them. Consequently, the notice issued was beyond the delegate's authority and therefore invalid. The appeal was allowed.