Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westlake v Attorney-General [2017] FCA 1058 File number: QUD 217 of 2017
Judge: BROMWICH J
Date of judgment: 5 September 2017
Catchwords: ADMINISTRATIVE LAW – decision by delegate to refuse parole - whether delegate improperly exercised power under s 19AL(1) of the Crimes Act 1914 (Cth) – claimed breach of s 5(1)(e) of Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether improper exercise of power by impermissible delegation of responsibility for decision – whether improper exercise of power by failure to take into account certain matters – completion of sex offender treatment program – suitable post-release accommodation – held: no impermissible delegation – held: no obligation on decision-maker to take into account material conflicting with recommendations ADMINISTRATIVE LAW – decision by delegate to refuse parole – claimed breach of s 5(1)(a) of Administrative Decisions (Judicial Review) Act 1977 (Cth) – opportunity to address suitable post-release accommodation – whether delegate breached rules of natural justice – whether applicant was denied procedural fairness – held: applicant was given opportunity to address issue of suitable post-release accommodation – held: no denial of natural justice
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1)(a), (e), s 5(2)(f) Crimes Act 1914 (Cth), ss 17A, 19AL, 19ALA Criminal Code (Cth), s 474.19(1)(a)(i), (iii) Criminal Code Act 1995 (Cth), s 3(2) Penalties and Sentences Act 1992 (QLD), s 144
Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; 148 FCR 446 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; 231 FCR 513 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107 Elias v Commissioner of Taxation [2002] FCA 845; 123 FCR 499 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 111 ALD 15; 259 ALR 429 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323
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