Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review)
Act - Application by prisoner to review determination of the anticipated date of expiry of his minimum term of imprisonment - Calculation of remission entitlement - Whether determination upon that calculation was a decision of an administrative character
reviewable under the Administrative Decisions (Judicial Review)
Act - Whether determination of the period of minimum imprisonment after allowance of remissions is excluded as being part of ministerial advice to the Governor-General involved in a decision
by the Governor-General within s.3(1) of the ADJR Act -
Objection to competency overruled.
Administrative Decisions (Judicial Review) Act 1977, s.3
Crimes Act 1914, s.19A Commonwealth Prisoners Act 1967, ss.5, 19
Lamb v. Moss (1983) 49 A.L.R. 533 Letts v. Commonwealth of Australia (1985) 62 A.L.R. 517 Mayer v. Minister for Immigration and Ethnic Affairs (1984) 55
A.L.R. 587, and on appeal (1985) 7 F.C.R. 254 Shepherd v. Griffiths (1985) 7 F.C.R 44 Director-General of Social Services v. Hales (1983) 47 A.L.R. 281
Riordan v. Parole Board of the Australian Capital Territory (1981) 34 A.L.R. 322
Steiner v. Attorney-General (1983) 52 A.L.R. 148
Thongchua _v. Attorney-General (1986) 66 A.L.R. 340
Richards v. The Secretary, Attorney-General's Department, Franki J-e, unreported, 11 September 1985
SQUIRES -V- THE ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
NSW G.221 of 1986
Burchett J. Sydney 8 October 1986
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 221 of 1986
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GENERAL DIVISION
BETWEEN:
ROBERT LEWIS JOSEPH SQUIRES
Applicant
AND:
THE ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondent
MINUTE OF ORDERS OF THE COURT
Judge Making Orders: Burchett J. Where Made: Sydney
Date of Orders: 8 October 1986 THE COURT ORDERS THAT: (1) The objection to competency be overruled.
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