Varney v Parole Board of Western Australia

[2000] WASCA 393

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs and orders
3. › Certiorari
4. › Discretionary remedy
5. › Futility
6. › Whether certiorari should be refused where quashing would produce same result
1. Administrative Law
2. › Fettering of discretion
3. › Application of rigid policy
4. › Whether decision-maker unlawfully fettered discretion by conditioning future review on single prerequisite
5. › Sentence Administration Act 1995 (WA), ss 26, 28, 48, 49
1. Administrative Law
2. › Relevant and irrelevant considerations
3. › Failure to consider all relevant factors
4. › Whether denial of guilt and non-participation in treatment programme conclusive of risk assessment
1. Criminal Law
2. › Parole
3. › Release on parole
4. › Sex offenders
5. › Treatment programmes requiring admission of guilt
6. › Whether denial of guilt conclusive against grant of parole
7. › Sentence Administration Act 1995 (WA), s 26

Quick Take

A parole board or prison authority that conditions future review of parole or work release on a prisoner's admission of guilt and completion of a treatment programme requiring such admission invalidly fetters its discretion. Denial of guilt and non-participation in treatment programmes are relevant but not conclusive factors in assessing risk; all relevant factors must be considered. Certiorari may be refused on futility grounds where the same decision would inevitably be reached on the available material.