Fardon v Attorney-General for the State of Queensland [2004] HCA 46

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

ROBERT JOHN FARDON APPELLANT

AND

RODNEY JON WELFORD, ATTORNEY‑GENERAL

FOR THE STATE OF QUEENSLAND RESPONDENT

Fardon v Attorney-General for the State of Queensland

[2004] HCA 46

1 October 2004

B104/2003 and B105/2003

ORDER

In matter B104 of 2003

Appeal from the decision of the Court of Appeal of the Supreme Court of Queensland dated 23 September 2003 dismissed.

In matter B105 of 2003

1. Declare that section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Q) is not beyond the legislative power of the State of Queensland. 2. Remit the cause to the Court of Appeal for hearing and determination of the remaining issues on the appeal to that Court.

On appeal from Supreme Court of Queensland

Representation:

S R Southwood QC with P D Keyzer for the appellant (instructed by Prisoners' Legal Service)

P A Keane QC, Solicitor-General of the State of Queensland, with R V Hanson QC and R W Campbell for the respondent (instructed by Crown Solicitor for the State of Queensland)

Interveners:

H C Burmester QC with N L Sharp intervening on behalf of the Attorney‑General of the Commonwealth (instructed by Australian Government Solicitor)

R J Meadows QC, Solicitor-General for the State of Western Australia, with K H Glancy intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor's Office of Western Australia)

R J Meadows QC, Solicitor-General for the State of Western Australia, with S G E McLeish intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)

M G Sexton SC, Solicitor-General for the State of New South Wales, with J G Renwick intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for New South Wales)