A decision-maker refusing prison remissions under s 75 of the Corrective Services Act 2000 (Qld) cannot base a finding of unacceptable risk solely on a prisoner's denial of guilt and consequent failure to complete a sexual offenders treatment programme; such a refusal constitutes application of a blanket policy without regard to individual merits. The circumstances of the offence and the length and severity of the sentence are irrelevant considerations in a remission decision, as reliance on them usurps the sentencing judge's function. However, where a psychological assessment of risk is based on factors beyond mere denial — such as a pattern of denial across multiple offences and subsequent reoffending — the decision may be upheld.
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