Fuller v LawrenceCitation:[2024] HCA 45Before:Gageler CJ, Gordon, Edelman, Gleeson, Beech-Jones JJDate:04 Dec 2024Case Number:B24/2024Read more
A direction given to a prisoner under a supervision order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) is not a 'decision made under an enactment' for the purposes of judicial review and does not entitle the prisoner to reasons under the Act.
Source-derived case information.
- Parties
- Applicant: Unknown Prisoner; Respondent: State of Queensland
- Jurisdiction
- Australia
- Judgment Date
- 04 December 2024
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Judicial Review, Supervision Orders, Prisoner Rights, Administrative Decisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Unknown Prisoner
Applicant
State of Queensland
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether a direction given to a prisoner under a supervision order is a 'decision made under an enactment' for the purposes of judicial review
- 2 Whether the prisoner is entitled to reasons for the direction under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld)
- 3 Whether the Act is the source of the direction's effect on the prisoner's legal obligations
Ratio Decidendi
A direction given to a prisoner under a supervision order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) is not a 'decision made under an enactment' for the purposes of judicial review and does not entitle the prisoner to reasons under the Act.
Court Disposition
Application dismissed
Orders
- The application for judicial review is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 04 December 2024 Case number B24/2024 Before Gageler CJ, Gordon, Edelman, Gleeson, Beech-Jones JJ Catchwords Administrative law – Judicial review – Decision of administrative character made under an enactment – Where prisoner was subject to supervision order of Supreme Court of Queensland – Where Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) required supervision order to contain requirement that prisoner comply with every reasonable direction of corrective services officer – Whether prisoner entitled to reasons for direction – Whether Act source of direction's effect on prisoner's legal obligations. Words and phrases – "decision made under an enactment", "direction", "judicial review", "legal force or effect from statute", "legal rights or obligations", "statement of reasons", "supervision order". Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – ss 13, 16, 16C, 20, 43AA. Judicial Review Act 1991 (Qld) – ss 4, 30, 32, 33. Files 45.docx (61.06 KB) 45.pdf (158.35 KB)