Success in proceedings under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) does not generate a prima facie entitlement to costs. The usual rule that costs follow the event is seriously weakened in DPSOA proceedings because they are public interest proceedings where the Attorney-General is obliged to initiate review and the Court determines the matter by reference to community protection criteria. The costs discretion must be exercised by reference to the special context of the proceedings, with success being a substantial but not decisive factor.
The full text is available to signed-in members, including the 1 later case that cites this judgment.