Fuller & Anor v. Lawrence

Lower Court Judgment

15/12/2023 Supreme Court of Queensland (Court of Appeal) (Bowskill CJ; Morrison and Bond JJA)

[2023] QCA 257

Catchwords

Administrative law – Judicial review – Reviewable decisions and conduct – Meaning of "decision... made under an enactment" – Where respondent is prisoner released under supervision order pursuant to Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) – Where Corrective Services Officer gave direction to respondent approving phone contact with particular person including video calls, but denying respondent’s request to have in-person contact with that person – Where respondent requested reasons for direction in so far as it denied in-person contact – Where appellants' response was respondent not entitled to statement of reasons under Judicial Review Act 1991 (Qld) ("JRA") – Where primary judge found direction was decision under enactment within meaning of JRA and therefore respondent entitled to statement of reasons under s 33 of JRA – Where Court of Appeal dismissed appeal – Whether Court of Appeal erred in concluding direction "itself" affects rights in sense necessary to qualify as "decision … made under an enactment" within meaning of JRA.