Hamzy v Commissioner of Corrective Services and the State of NSW [2020] NSWSC 414

Supreme Court New South Wales

Medium Neutral Citation: Hamzy v Commissioner of Corrective Services and the State of NSW [2020] NSWSC 414 Hearing dates: 14 and 15 October 2019 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) Proceedings 2016/276127 are dismissed.

(2) Proceedings 2016/276186 are dismissed.

(3) Proceedings 2017/177196 are dismissed.

(4) Proceedings 2018/41479 are dismissed.

(5) The question of costs in all proceedings is reserved.

(6) Absent agreement being reached as to costs:

(a) the plaintiff is to file written submissions with my Associate, not exceeding three pages in length, by 1 May 2020.

(b) the defendant is to file written submissions in reply with my Associate, not exceeding three pages in length, by 8 May 2020. Catchwords: Administrative Law – Judicial Review – Where plaintiff a high risk restricted inmate in a correctional facility administered by the defendant – Challenge to decision of the defendant requiring legal practitioners to undergo criminal records enquiry as part of the approval process to visit high risk restricted inmates – Whether decision unlawful – Whether decision unreasonable – Whether decision infringed or removed the right of a high risk inmate to choose a legal practitioner

Administrative Law – Judicial Review – Where plaintiff a high risk restricted inmate in a correctional facility administered by the defendant – Challenge to decision of the defendant to deny the plaintiff access to AVL facilities for the purposes of conferring with his legal representative – Where the defendant took into account the fact that conversations over AVL could not be monitored – Where defendant also took into account the security risk which would arise if the plaintiff were granted access – Whether defendant's decision was unreasonable