Wigginton v Queensland Parole Board

SUPREME COURT OF QUEENSLAND

CITATION:

Wigginton v Queensland Parole Board & Anor [2010] QSC 59

PARTIES:

TRACEY AVRIL WIGGINTON
(applicant)
v
QUEENSLAND PAROLE BOARD
(first respondent)

and
PETER BOTTOMLEY
(second respondent)

FILE NO/S:

12913 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

5 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

11 December 2009

JUDGE:

Martin J

ORDER:

Application dismissed

CATCHWORDS:

Acts Interpretation Act 1954, s 27A
Corrective Services Act 2006, s 187, s 192, s 193, s 217
Judicial Review Act 1991

Abbott v Chief Executive, Department of Corrective Services [2000] QSC 492
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Australian Chemical Refiners Pty Ltd v Bradwell (unreported, CCA 236 of 1985, 28 February 1986)
British Oxygen Co Ltd v Minister for Technology [1971] AC 610
Collector of Customs v Pozzolanic Enterprises Pty Ltd  (1993) 43 FCR 280
Dairy Farmers’ Co-operative Milk Company Ltd v Cth (1946) 73 CLR 381
Graveson v The Queensland Corrective Services Commission [2000] 1 Qd R 529
Habib v Director-General of Security (2009) 175 FCR 411
Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648
Ibeneweka v Egbuna [1964] 1 WLR 219
Jennings v Queensland Parole Board [2007] QSC 364
McQuire v South Queensland Regional Community Corrections Board [2003] QSC 414
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
R v Port of London Authority Ltd; ex parte Kynoch [1919] 1 KB 176
Renton v Bradbury & Anor [2001] QSC 167

COUNSEL:

J Fenton for the applicant
GJ Handran for the first respondent
KA Mellifont for the second respondent

SOLICITORS:

Prisoners’ Legal Service, Inc for the applicant
Crown Solicitor for the first and second respondents

[1]      The applicant in this case seeks:

(a)        a declaration that the decision of the first respondent to refuse her application for parole was “unlawful and of no effect, void, not a decision at all and illegal”;

(b)        a declaration that the decision of the second respondent not to transfer the applicant to the Numinbah Correctional Centre was “unlawful and of no effect, void, not a decision at all and illegal”; and

(c)        an order that the respondents pay the applicant’s costs of the application.

[2]      In January 1991 the applicant, Ms Wigginton, pleaded guilty to the murder of Edward Balldock. She was sentenced to life imprisonment. She was originally accommodated at the Brisbane Women’s Correctional Centre (“BWCC”). In 2003 she was transferred to the Numinbah Correctional Centre (“Numinbah”) where she remained until 2006. In that year she was transferred back to BWCC following an incident the details of which are disputed and need not be considered. In June 2007 Wiggington was classified as low security and it was decided that she should remain at BWCC. 

[3]      The applicant has been a ‘low security classification offender’ since 25 June 2006, a standard which indicates that she is of least…