Clark v Commissioner for Corrective Services [2016] NSWCA 186

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Commissioner for Corrective Services [2016] NSWCA 186 Hearing dates: 21, 24 March 2016 Decision date: 09 August 2016 Before: Basten JA at [1]; Simpson JA at [39]; Emmett AJA at [50]. Decision: 1. Remove the State of New South Wales as a party to the proceedings and join the Commissioner for Corrective Services as the respondent. 2. Grant the applicant leave to appeal from the judgment of Hidden J delivered on 17 June 2014 in the Common Law Division. 3. Direct that the draft notice of appeal in the white folder be deemed to be filed as the notice of appeal. 4. Dismiss the appeal. 5. Order the applicant to pay the costs of the State of New South Wales in this Court. Catchwords: ADMINISTRATIVE LAW – prisoner involved in litigation – judicial review of decisions affecting conditions of appellant's incarceration – whether Court has powers to make orders pursuant to the power of the Court to exercise control over its own processes –whether making of orders would constitute interference in prison administration and management

PRISONS – judicial review of decisions as to management of prisoner – classification – accommodation alone in cell – access to laptop computer and legal papers – access to large monitor for computer – order sought for medical/psychiatric evaluation Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 2A, 3, 4, 23, 72, 79, 232, 233, 271; Pt 2, Pt 14 Crimes (Administration of Sentences) Regulation 2008 (NSW), cll 33, 44 Crimes (Administration of Sentences) Regulation 2014 (NSW), cll 36, 47, 48 Prisons Act 1952 (NSW) Supreme Court Act 1970 (NSW), s 69