Date: 9 December 2022
Court: Queensland Supreme Court
Judicial Officer: Ryan J
Human Rights Act 2019 (Qld) Sections: 19, 22, 29.
Rights Considered: Freedom of movement; Right to peaceful assembly and freedom of association; Right to liberty and security of person. Other Legislation: Corrective Services Act 2006 (QLD) ss 108(5), 180, 193, 194, 200, 205; Judicial Review Act 1991 (QLD) ss 20(2)(a)(e), 23(b).
Keywords: Criminal Law and Corrective Services; Public Law Considerations – Judicial Review; Political Freedoms – peaceful assembly.

This matter concerned an application for judicial review of a rejected application for a parole order. The court found the Parole Board failed to take into account relevant considerations when making its decision to refuse the applicant’s application for a parole order, and ordered that the original decision be set aside and remade according to law. The court found it was unnecessary to address the human rights put forward by the applicant, other than to highlight the Board’s concession that it failed to give express consideration to the applicant’s human rights protected under the Human Rights Act 2019 (QLD), and that the rights to freedom of movement, peaceful assembly and liberty are not rights which are held by prisoners.

Visit the judgment: Morgan v Parole Board Queensland [2022] QSC 280