Weribone v Chief Executive, Department of Corrective Services

In the case of Weribone v Chief Executive, Department of Corrective Services, the applicant, who had been sentenced to concurrent terms of imprisonment for various offences, applied for judicial review of the decision of the Chief Executive of the Department of Corrective Services. This decision pertained to the refusal to grant remissions on the applicant's sentence, contingent upon the Chief Executive being satisfied that his release would not pose an unacceptable risk to the community. The applicant had previously been denied remissions twice, with the first two decisions being quashed by the Supreme Court of Queensland. The applicant's latest application for remissions was also denied, leading to this judicial review.

The central legal issues before the court were whether the Chief Executive had placed undue reliance on the applicant's refusal to participate in a sexual offenders’ treatment program and his denial of guilt. Additionally, the court needed to determine if the Chief Executive had failed to consider relevant factors such as the applicant's good conduct, his educational pursuits, and employment within the prison. The applicant argued that these omissions rendered the decision unreasonable.

The court found that the Chief Executive had indeed placed undue emphasis on the applicant's refusal to participate in the treatment program and his denial of guilt, which were not the sole indicators of risk to the community. Furthermore, the court held that the Chief Executive failed to adequately consider the applicant's good conduct, studies, and employment within the prison, all of which were pertinent factors. Consequently, the court concluded that the decision was unreasonable and set aside the decision made by the delegate of the respondent on 22 January 2007.