In the case of Neyens v Michael Byrne KC, President of the Parole Board of Queensland [2024] QCA 208, the Queensland Court of Appeal dismissed an appeal where Peter Neyens sought judicial review of the Parole Board's decision. Neyens was a "restricted prisoner" with a life sentence for murder, and his parole application was denied due to a declaration made under the Corrective Services Act 2006, preventing any future parole applications while the declaration was in force. Neyens argued the decision contained an error of law, claiming the Parole Board failed to consider conditions that might mitigate risk. However, the Court of Appeal agreed with the lower court's conclusion that the Parole Board's decision was in the public interest, focusing not just on the risk posed by his parole conditions but broadly on the risk to the public. The court upheld that the president of the Parole Board properly applied the legislative framework and declined to overturn the earlier decisions, ruling that both parties bear their own costs.
Full text: https://www.sclqld.org.au/caselaw/150256