Osman v State Parole Authority & the Attorney General of New South Wales [2020] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: Osman v State Parole Authority & the Attorney General of New South Wales [2020] NSWSC 1392 Hearing dates: 6 October 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Common Law Before: Wilson J Decision: (1) Summons filed on 6 October 2020 is dismissed; (2) Subject to order (3), costs on an ordinary basis against the plaintiff; (3) Should either party seek an order for costs different to that specified at order (2), submissions and evidence should be filed and served by 30 November 2020; with any submissions and evidence in reply to be filed and served by 13 December 2020. Any variation to order (2) will be determined on the papers. Catchwords: JUDICIAL REVIEW – Administrative law – decision of State Parole Authority to refuse parole – "terrorism offender" – application and construction of Division 3A of Part 6 of the Crimes (Administration of Sentence) Act 1999 (NSW) – whether Parole Authority misconstrued s 159C(1) – whether Parole Authority had regard to irrelevant material and failed to have regard to relevant material – whether there was jurisdictional error – whether there was error on the face of the record Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Administration of Sentence) Act 1999 (NSW) Criminal Code (Cth) Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Attorney General of New South Wales v New South Wales State Parole Authority [2006] NSWSC 865 Attorney General of New South Wales v Chiew Seng Liew [2012] NSWSC 1223 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Esho v Parole Board Authority of NSW [2006] NSWSC 304 Fernandez v Government of Singapore (1971) 1 WLR 987 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Malec v JC Hutton Pty Ltd (1990) 169 CLR 368; [1990] HCA 20 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 State of New South Wales v Elmir (Final) [2019] NSWSC 1867 Texts Cited: Terrorism Legislation Amendment (Police Powers and Parole) Bill 2017 (NSW) Category: Principal judgment Parties: Maywand Osman (Plaintiff) State Parole Authority of New South Wales (First Defendant) The Attorney General of New South Wales (Second Defendant) Representation: Counsel: G Bashir (SC), I Nash & N Broadbent (Plaintiff) Submitting Appearance (First Defendant) Dr D Kell SC & Z C Heger (Second Defendant)