Taylor v Southern Queensland Parole Board

The case of Taylor v Southern Queensland Parole Board involved the applicant, who was serving a sentence for sexual offences against children, challenging the decision of the Southern Queensland Regional Parole Board to refuse his parole application. The applicant sought judicial review of the decision made on 10 June 2015, under s 20 of the Judicial Review Act 1991 (Qld). The applicant argued that the parole board had made several errors in deciding to refuse his parole application, including failing to consider relevant information, applying a policy or rule without regard to the merits of his case, making an unreasonable decision, breaching natural justice, considering irrelevant factors, and acting in bad faith.

The legal issues the court needed to decide were whether the parole board had failed to take into account a relevant consideration, whether it had fettered its discretion, whether its decision was unreasonable, whether it had breached natural justice, whether it had taken into account irrelevant considerations, and whether it had exercised its discretion in bad faith. The court examined the operation of s 192 of the Corrective Services Act 2006 (Qld), which states that the parole board is not bound by the parole eligibility date set by the court if it receives new information about the applicant and considers that the applicant is not suitable for parole at the time fixed by the court.

The court found that the parole board had not erred in law by failing to take into account a relevant consideration or by fettering its discretion. It also found that the decision to refuse the parole application was not unreasonable, that there was no breach of natural justice, that the parole board had not taken into account irrelevant considerations, and that it had not exercised its discretion in bad faith. The court dismissed the application for a statutory order of review and directed the parties to discuss the costs.