Jonathon Davison v Commissioner for Corrective Services [2011] NSWSC 699

Jonathon Davison v Commissioner for Corrective Services [2011] NSWSC 699

The Commissioner's decision was invalid because the terms of the decision supported the inference that the Review Council's recommendation had not been considered; alternatively, if it had been considered, the refusal reflected inflexible application of a rule or policy requiring completion of the nominated sex offender program despite the program being unavailable for about nine months and without proper regard to the plaintiff's individual circumstances. The Review Council's parole advice was invalid because its reasons did not adequately explain why completion of the Deniers program in custody was essential before the plaintiff could be considered for parole, despite the delay in...

Jurisdiction
Australia
Judgment Date
07 July 2011
Procedural Posture
Application for Prerogative Relief in the Nature of Certiorari and Declaratory Relief Concerning Prisoner Classification, Placement and Parole Related Decisions / Principal Judgment After Hearing; Application for Leave Under S 4 of the Felons (civil Proceedings) Act 1981 and Judicial Review of Administrative Decisions
Outcome
Leave granted; the Commissioner's classification and placement decision and the Serious Offenders Review Council's parole advice decision were set aside.
Legal Topics
['serious Offender Classification and Placement' 'serious Offenders Review Council Advice' 'parole Consideration' 'relevant Considerations' 'inflexible Application of Policy' 'adequacy of Reasons']
['administrative Law' 'corrective Services' 'parole'] ['serious Offender Classification and Placement' 'serious Offenders Review Council Advice' 'parole Consideration' 'relevant Considerations' 'inflexible Application of Policy' 'adequacy of Reasons']

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Procedural Posture

Application for Prerogative Relief in the Nature of Certiorari and Declaratory Relief Concerning Prisoner Classification, Placement and Parole Related Decisions / Principal Judgment After Hearing; Application for Leave Under S 4 of the Felons (civil Proceedings) Act 1981 and Judicial Review of Administrative Decisions

Legal Issues

  1. 1 ["Whether the Commissioner took into consideration the recommendation of the Serious Offenders Review Council when refusing to reduce the plaintiff's security classification from C1 to C2 and refusing to change his centre of placement." "Whether the Commissioner's decision involved the inflexible application of a rule or policy delaying progression for sex offenders until program participation or completion, without regard to the plaintiff's individual circumstances." 'Whether the Serious Offenders Review Council failed to take relevant considerations into account when advising that it was not appropriate for the plaintiff to be considered for release on parole.' 'Whether the Serious Offenders Review Council gave adequate reasons for concluding that completion of the Deniers program in custody was essential before the plaintiff could be considered for parole.']

Ratio Decidendi

The Commissioner's decision was invalid because the terms of the decision supported the inference that the Review Council's recommendation had not been considered; alternatively, if it had been considered, the refusal reflected inflexible application of a rule or policy requiring completion of the nominated sex offender program despite the program being unavailable for about nine months and without proper regard to the plaintiff's individual circumstances. The Review Council's parole advice was invalid because its reasons did not adequately explain why completion of the Deniers program in custody was essential before the plaintiff could be considered for parole, despite the delay in...

Court Disposition

Leave granted; the Commissioner's classification and placement decision and the Serious Offenders Review Council's parole advice decision were set aside.

Orders

  • ['That the plaintiff have leave under s 4 of the Felons (Civil Proceedings) Act 1981 to institute these proceedings.' "That the decision of the first defendant made on 13 October 2010 not to reduce the plaintiff's security classification from C1 to C2 and not to change the plaintiff's centre of placement be set...