Administrative law – Judicial review – Prohibition on applying to participate in or participating in "assisted reproductive technology" – Corrective Services Act 2006 (Qld) – Where appellant prisoner in corrective services facility – Where appellant likely to experience material reduction in fertility prior to release – Where appellant applied to first respondent for approval to undergo treatment at her own cost to extract and freeze eggs – Where application to undergo treatment refused – Whether "assisted reproductive technology" includes egg extraction and freezing – Whether Corrective Services Act prohibits appellant from applying to participate in or participating in treatment to extract and freeze eggs.
Words and phrases – "ART", "assisted reproductive technology", "basic human entitlements", "common meaning", "conforming interpretation", "conjugal visits", "constructional choice", "contextomy", "corrective services", "demonstrably justifiable", "egg extraction", "egg freezing", "equality", "fertility", "fertility-based punishment", "fertility preservation", "literalism", "loss of fertility", "natural meaning", "non-conforming interpretation", "parliamentary intention", "partial disapplication", "participate in ART", "participate in assisted reproductive technology", "primary meaning", "principle of legality", "prisoner dignity", "prisoner entitlements", "prisoner health", "prisoner rights", "prisoner special needs", "procedures to achieve reproduction", "procreation", "punishment", "reproduction", "reproductive autonomy", "right to preserve fertility", "right to procreate", "right to reproduce", "severance", "value judgments", "welfare of prisoners".
Acts Interpretation Act 1954 (Qld), ss 14A, 14B.
Corrective Services Act 2006 (Qld), ss 3, 22, 154.
Human Rights Act 2019 (Qld), preamble, ss 8, 13, 15, 25, 30, 37, 48.
International Covenant on Economic, Social and Cultural Rights (1966), Art 12.