Stanley Allen Gilmour v Chief Executive of the Department of Corrections

In the case of Stanley Allen Gilmour v Chief Executive of the Department of Corrections, the applicant sought a review of the decision of the Chief Executive to dismiss his application for leave to appeal to the High Court. The applicant, a prisoner, had challenged the decision of the Department of Corrections not to include his contribution in a Parole Assessment Report (PAR) submitted to the Parole Board. The applicant argued that the Department was required to include his contribution in the PAR as it was material and relevant to the risk of re-offending.

The court was required to determine whether the Department of Corrections was required to include the applicant's contribution in the PAR and whether the principal case manager was entitled to form a judgment as to what should be included in the PAR. The court held that the contents of the PAR are for the Department to determine, and it is entitled to have regard to the memorandum of understanding with the Parole Board. The court also held that there is no requirement for the principal case manager to include any assessment of risk or the factual premises which underpin that assessment.

The court concluded that the Court of Appeal's approach was correct and that there was insufficient scope for doubt as to the approach adopted by the Court of Appeal to warrant granting leave to appeal. The application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs of $2,500.