Watson v The State of South Australia

The plaintiff, Mr Watson, sought judicial review of a decision by the Governor in Council to refuse his release on parole. Mr Watson was serving a life sentence for murder, and the Parole Board had recommended his release on parole on four separate occasions after his non-parole period had expired. On each occasion, the Governor in Council declined to order his release, and no written reasons were provided. The proceedings were heard by Doyle CJ, Anderson and Peek JJ.

The legal issues before the court were whether the Governor's power under s 67(7) of the Correctional Services Act 1982 (SA) was exercised with a predetermined intention to reject the Parole Board's recommendations, whether the Governor's decisions were unreasonable, illogical, or irrational, and whether the Governor was obliged to provide reasons for these decisions. The plaintiff also argued that the courts, through their powers to fix, vary, or negate non-parole periods, were the primary arbiters of the time a prisoner must spend in custody.

The court found that the Governor's power under s 67(7) was a broad discretionary power, and the legislative framework did not impose an obligation on the Governor to provide reasons for refusing a parole recommendation. The court distinguished the Governor's role from the courts' powers to fix or vary non-parole periods, noting that the Governor's decision was a separate and distinct executive function. The court also considered the Premier's public statements, but concluded that they did not demonstrate a fixed or predetermined decision to reject the Parole Board's recommendations, nor did they establish that the Governor's decisions were unreasonable, illogical, or irrational. The court dismissed the application for judicial review.