Radic v State of Queensland & Ors [2022] QSC 134

Date: 21 June 2022
Court: Supreme Court of Queensland
Judicial Officer: Crowley J
Human Rights Act 2019 (Qld) Sections: ss 29, 30, 48.
Rights Considered: Right to liberty and security of person; Right to humane treatment when deprived of liberty.
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14A; Bail Act 1980 (Qld) s 8; Corrective Services Act 2006 (Qld) ss 3, 209(1), 209(3), 211; Criminal Code Act 1899 (Qld), sch 1, s 617G; Penalties and Sentences Act 1992 (Qld) s 158.
Keywords: Criminal Law and Corrective Services

This matter concerned an application for a declaration that the applicant had been unlawfully imprisoned after being failed to be released from custody after a Magistrate had ordered the applicant be admitted to conditional bail on 30 March 2022.

The applicant relied on the principle of legality as referred to in Momcilovic v R (2011) 245 CLR 1, and submits that it is a principle of interpretation that legislation which abrogates or affects a person’s liberty or basic human rights must be construed in favour of the subject person: at [30]. The applicant also referred to sections 29 and 30 of the Human Rights Act 2019 (Qld). The court noted that it took into account those provisions, and also had regard to section 48 regarding the interpretation of statutory provisions in its consideration of construction with respect to section 209 Corrective Services Act 2006 (Qld).

The respondent submitted that section 209 Corrective Services Act 2006 (Qld) is not ambiguous, that no exemptions apply under section 209 (3) and the effect of section 209 is that the parole order is taken to have been automatically cancelled on the date the offence occurred and therefore the parole order previously made is not in effect. The detention of the applicant in respect of that previous sentence is justified and lawful: at [31].

The Court found that the applicant is not presently being unlawfully detained and dismissed the application.

Visit the judgment: Radic v State of Queensland & Ors [2022] QSC 134