Dudley v Secretary to the Department of Justice and Community Safety
Supreme Court of Victoria
Cavanough J
15/09/2021
[2021] VSC 567
Administrative law — Judicial review — Prisons and prisoners — Power to reduce sentence being served — Nature of power — ‘Emergency management days’ — Application for review of decision not to grant emergency management days to prisoner — Whether delegate imposed a threshold level of significance of disruption or deprivation suffered in prison as pre-condition to exercise of statutory power — Whether statutory power discretionary — Whether duty to consider exercise of statutory power — Corrections Act 1986 (Vic), s 58E — Corrections Regulations 2019 (Vic)
Human rights — Prisons and prisoners — Right to liberty — Right to humane treatment when deprived of liberty — Emergency management days — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 21, 22
Prerogative writs — Mandamus — Whether duty to consider exercise of statutory power to reduce sentence — Whether legal duty capable of enforcement by way of mandamus — Corrections Act 1986 (Vic), s 58E
Read the judgment here.