Attorney-General for the Australian Capital Territory v Heiss [2002] FCAFC 38; [2002] FCA 187

Attorney-General for the Australian Capital Territory v Heiss [2002] FCAFC 38 Attorney-General for the Australian Capital Territory v Heiss [2002] FCA 187

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Attorney-General for the Australian Capital Territory v Heiss [2002] FCA 187 CRIMINAL LAW – transfer of prisoners – Prisoners (Interstate Transfer) Act 1993 (ACT) – Minister's discretion to consent to or refuse transfer – relevant and irrelevant considerations – whether Minister misconstrued power. Transfer of Prisoners Act 1983 (Cth) Prisoners (Interstate Transfer) Act 1993 (ACT) Removal of Prisoners Act 1968 (ACT) Administrative Decisions (Judicial Review) Act 1989 (ACT) Prisoners (Interstate Transfer) Act (NT) Prisoners (Interstate Transfer) Act 1982 (NSW)

Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred to ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY v DANIEL LOTHAR HEISS A72 of 2001 HIGGINS, FINN & WEINBERG JJ CANBERRA 8 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A72 OF 2001

On appeal from the Supreme Court of the Australian Capital Territory