Hzaife v Manager of the Therapeutic CUBIT Program, Corrective Services NSW; Bilal v Manager of the Therapeutic CUBIT Program, Corrective Services NSW [2017] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: Hzaife v Manager of the Therapeutic CUBIT Program, Corrective Services NSW; Bilal v Manager of the Therapeutic CUBIT Program, Corrective Services NSW [2017] NSWSC 937 Hearing dates: 5 April 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Summons in proceedings 2017/53883 filed on 20 February 2017 is dismissed. (2) The Summons in proceedings 2017/56190 filed on 22 February 2017 is dismissed. Catchwords: ADMINISTRATIVE LAW – judicial review – procedural fairness – therapeutic rehabilitation program – where length of program exceeds remaining non-parole period – whether completion of program is a prerequisite for parole – where entry into program prioritised by earliest possible release date Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) ss 2A, 135, 185A Crimes (Administration of Sentences) Regulation 2014 (NSW) r 60 Crimes (High Risk Offenders) Act 2006 (NSW) Supreme Court Act 1970 (NSW) ss 23 65, 69, 75 Cases Cited: Clark v Commissioner for Corrective Services [2016] NSWCA 186 Davison v Commissioner for Corrective Services [2011] NSWSC 699 Hamilton v Director of Public Prosecutions [2012] NSWSC 1365 Leech v Deputy Governor of Parkhurst Prison [1988] AC 533 Smith v Commissioner for Corrective Services [1978] 1 NSWLR 317 Associated Provincial Picture Houses Ltd v Wednesbury [1948] 1 KB 223 Texts Cited: Corrective Services NSW Offender Classification and Case Management Policies and Procedures Manual (July 2015) Category: Principal judgment Parties: In 2017/53883