Frankcom v Commissioner of Corrective Services [2022] NSWSC 225

Frankcom v Commissioner of Corrective Services [2022] NSWSC 225

Section 276 of the Crimes (Administration of Sentences) Act 1999 (NSW) confers a non-compellable, discretionary power on the Commissioner to order early parole for certain classes of inmates during the COVID-19 pandemic. The section does not require consideration of applications from individual inmates, nor does it require the Commissioner to accept submissions or complete assessments unless and until the Commissioner decides to use the power. Preparatory policy and assessment steps did not amount to the commencement of the statutory task or impose a duty to complete assessments or consider individual cases. No jurisdictional error or misconstruction of s 276 was established in the...

Jurisdiction
Australia
Judgment Date
07 March 2022
Procedural Posture
Judicial Review / Final Judgment After Hearing of Further Amended Summons
Outcome
Plaintiff's further amended summons dismissed
Legal Topics
['statutory Construction' 'procedural Fairness' 'jurisdictional Error' 'unreasonableness' 'covid 19 Emergency Powers']
['administrative Law'] ['statutory Construction' 'procedural Fairness' 'jurisdictional Error' 'unreasonableness' 'covid 19 Emergency Powers']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment After Hearing of Further Amended Summons

Legal Issues

  1. 1 ['Whether the Commissioner misconstrued s 276 of the Crimes (Administration of Sentences) Act 1999 (NSW)' 'Whether the Commissioner was required to consider or accept individual applications for parole under s 276' 'Whether a failure to complete the assessment process amounted to jurisdictional error' "Whether the Commissioner's decisions were unreasonable or affected by legal error"]

Ratio Decidendi

Section 276 of the Crimes (Administration of Sentences) Act 1999 (NSW) confers a non-compellable, discretionary power on the Commissioner to order early parole for certain classes of inmates during the COVID-19 pandemic. The section does not require consideration of applications from individual inmates, nor does it require the Commissioner to accept submissions or complete assessments unless and until the Commissioner decides to use the power. Preparatory policy and assessment steps did not amount to the commencement of the statutory task or impose a duty to complete assessments or consider individual cases. No jurisdictional error or misconstruction of s 276 was established in the...

Court Disposition

Plaintiff's further amended summons dismissed

Orders

  • ["The plaintiff's further amended summons is dismissed." 'There is no order as to costs to the intent that each party should pay his own costs.']