Minister for Corrections v Cawthray and the State Parole Authority [2015] NSWSC 1188

Supreme Court New South Wales

Medium Neutral Citation: Minister for Corrections v Cawthray and the State Parole Authority [2015] NSWSC 1188 Hearing dates: 20 August 2015 Date of orders: 25 August 2015 Decision date: 25 August 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The order granting a stay of the decision of the second defendant to grant parole to the first defendant is vacated.

2. The decision of the second defendant to grant parole to the first defendant is quashed.

3. The matter is remitted to the second defendant for determination according to law.

4. There is no order as to costs. Catchwords: ADMINISTRATIVE LAW – Judicial review – Where legislation mandated that particular factors be taken into account when determining whether an offender should be granted parole – Where decision of relevant authority contained no express reference to some mandatory factors – Where there was passing reference to other mandatory factors – Whether proper consideration of mandatory factors could be inferred or implied – Necessity for there to have been a proper intellectual process which gave genuine consideration of mandatory factors – Errors of law established – Matter remitted to the authority to be dealt with according to law Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulations 2014 Supreme Court Act 1970 (NSW) Cases Cited: Al Qatrani v Parole Authority of NSW [2007] NSWSC 1270 Attorney-General of NSW v Chiew Seng Liew [2012] NSWSC 1223 Attorney-General for NSW v NSW State Parole Authority and Hall [2006] NSWSC 865 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Gamble v Emerald Hill Electrical Pty Limited [2010] VSC 611 Cawthray v R [2013] NSWCCA 105 Minister for Aboriginal Affairs v Peko Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 W352 v Minister for Immigration and Multicultural Affairs [2002] FCA 398 Category: Principal judgment Parties: Minister for Corrections - Plaintiff Hilton Cawthray – First defendant State Parole Authority – Second defendant Commissioner for Corrective Services – Third defendant Representation: Counsel: Ms N Adams SC – Plaintiff Mr S Beckett - First defendant Submitting appearances for second and third defendants