Hzaife v Manager of the Therapeutic CUBIT Program, Corrective Services NSW; Bilal v Manager of the Therapeutic CUBIT Program, Corrective Services NSW [2017] NSWSC 937

Hzaife v Manager of the Therapeutic CUBIT Program, Corrective Services NSW; Bilal v Manager of the Therapeutic CUBIT Program, Corrective Services NSW [2017] NSWSC 937

The delay in plaintiffs' access to the CUBIT Program and their positions on the waitlist, prioritised by earliest possible release date, did not amount to a decision made in bad faith, for improper purpose, or of sufficient irrationality/unreasonableness to warrant judicial review. No denial of procedural fairness or natural justice was established. Completion of the CUBIT Program is not an absolute prerequisite for parole and the relevant statutory and guideline factors are multi-factorial.

Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications for judicial review dismissed
Legal Topics
['procedural Fairness' 'judicial Review' 'parole' 'correctional Rehabilitation' 'prisoner Classification']
['administrative Law'] ['procedural Fairness' 'judicial Review' 'parole' 'correctional Rehabilitation' 'prisoner Classification']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Whether the decision to delay plaintiffs' admission to the CUBIT Program was made in bad faith or for an improper purpose" 'Whether the delay in accessing the CUBIT Program was so unreasonable as to warrant judicial review' 'Whether procedural fairness or natural justice was denied in the management of waitlists for the CUBIT Program' 'Whether completion of the CUBIT Program is a prerequisite for parole']

Ratio Decidendi

The delay in plaintiffs' access to the CUBIT Program and their positions on the waitlist, prioritised by earliest possible release date, did not amount to a decision made in bad faith, for improper purpose, or of sufficient irrationality/unreasonableness to warrant judicial review. No denial of procedural fairness or natural justice was established. Completion of the CUBIT Program is not an absolute prerequisite for parole and the relevant statutory and guideline factors are multi-factorial.

Court Disposition

Applications for judicial review dismissed

Orders

  • ['The Summons in proceedings 2017/53883 filed on 20 February 2017 is dismissed.' 'The Summons in proceedings 2017/56190 filed on 22 February 2017 is dismissed.']