The applicant — a prisoner who is serving a life sentence for murder and mutilation of a corpse — has been subject to a “Maximum Security Order” since 2013. The effect of the order is that since 2013 he has been accommodated in solitary confinement and unable to associate with other persons. He challenged the most recent decision to extend the order for a further six months. The challenge was brought on various grounds under the Judicial Review Act 1991 and under the Human Rights Act 2018.
Justice Martin found that the applicant made out one of the grounds of judicial review upon which he relied, and held that the decision was unlawful because the decision-maker had failed to adequately consider the impact the decision may have upon the applicant’s human rights, as s 58 of the Human Rights Act requires.
Matthew Hickey OAM appeared for the Chief Executive, Queensland Corrective Services instructed by the Crown Solicitor.