Wotton v. State of Queensland and Anor

Catchwords

Constitutional law — Restrictions on State legislation — Rights and freedoms implied in Commonwealth Constitution — Freedom of political communication — Plaintiff convicted of offence of rioting causing destruction and sentenced to imprisonment — Plaintiff granted parole subject to conditions that, inter alia: he attend no public meetings on Palm Island without prior approval of his corrective services officer; he be prohibited from speaking to and having any interaction with the media; and he receive no direct or indirect payment from the media ("Conditions") — Plaintiff sought approval to attend public meeting on Palm Island concerning youth crime and juvenile justice — Plaintiff's request denied by parole officer of second defendant, the Central and Northern Queensland Regional Parole Board — Whether s 132 of Corrective Services Act 2006 (Q) ("Act"), which prohibits interviewing and photographing of prisoners including persons on parole, contrary to Commonwealth Constitution by impermissibly burdening implied freedom of political communication — Whether Conditions contrary to Commonwealth Constitution by impermissibly burdening implied freedom of political communication — Whether s 200(2) of Act invalid to the extent it authorises imposition of Conditions. Documents.

Short Particulars