Tulloh v Chief Executive Officer of the Department of Corrective Services

In Tulloh v Chief Executive Officer of the Department of Corrective Services, the applicant, Mr Tulloh, sought to challenge the legality of his continued detention by the Chief Executive Officer of the Department of Corrective Services following the quashing of a decision of the State Authority to cancel his parole. The matter was heard by Chaney J in the Supreme Court of Western Australia. Mr Tulloh argued that the quashing of the Board's decision to cancel his parole should have the effect of rendering his subsequent detention unlawful. The defendants contended that the Chief Executive Officer had lawful authority to detain Mr Tulloh until the decision of the Board was quashed by the court.

The primary legal issue before the court was whether the quashing of the decision of the Board on judicial review acted retrospectively so that all of the legal consequences of the decision were of no effect, or whether the decision stood and had some legal effect, notwithstanding its later quashing. Chaney J considered that the effect of the quashing of the Board's decision was that the decision was rid of any legal effect from the time it was made. His Honour considered that the quashing of the decision to cancel Mr Tulloh's parole should not be concluded to have any legal effect post-dating the expiry of his suspension. Chaney J held that it was unnecessary to determine when Mr Tulloh ought to have been released and it was sufficient to conclude, as his Honour did, that Mr Tulloh's continuing detention was unlawful.

Chaney J concluded that Mr Tulloh's continuing detention was unlawful and that his detention should cease forthwith. The court did not make any orders as to compensation or other remedies.