Reed v Commissioner of Corrective Services [2008] NSWSC 161

New South Wales Supreme Court

CITATION : Reed v Commissioner of Corrective Services [2008] NSWSC 161

HEARING DATE(S) : 29 January 2008

JUDGMENT DATE : 29 February 2008

JUDGMENT OF : Fullerton J

(1) The decisions of the delegate of the defendant of 20 August 2007 and 10 September 2007 denying the plaintiff access to all New South Wales correctional centres were not a valid exercise of the powers of the defendant under clause 105 of the Crimes (Administration of Sentences) Regulation 2001. DECISION : (2) The decisions of the delegate of the defendant and the decisions of the Assistant Commissioner (Office of the Commissioner and Human Resources) of 17 October 2007 confirming those decisions are quashed. (3) The defendant is to pay the plaintiff's costs.

CATCHWORDS : Clause 105(1)(a) of the Crimes (Administration of Sentences) Regulation - Commissioner prohibited solicitor from visiting correctional centres - Whether conduct would prejudice the good security of NSW correctional centres - Finding of deceitful conduct - Whether sufficient material for that finding

LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation

Anderson v Pavic [2005] VSCA 244 Avon Downs Pty Ltd v FACT (1949) 78 CLR 353 Barac v Mood [2006] NSWSC 738 CASES CITED : Herald Weekly Times Ltd v Correctional Services Commissioner [2001] VSC 329 Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 25 Nicopoulos v Commissioner for Corrective Services [2004] NSWSC 562; 148 A Crim R 74 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59