Section 4 of the Foul Persons (Crimes) Act 1981 (NSW) does not require a prisoner to obtain leave to commence proceedings seeking judicial review of decisions relating to conditions of imprisonment. The constitutional principle in Kirk v Industrial Relations Court, which protects the supervisory jurisdiction of State Supreme Courts from legislative curtailment, does not apply to common law limitations on court jurisdiction such as the doctrine of attainder. Departmental policy guidelines that are not statutory instruments can only be challenged in the context of a particular decision or exercise of power.
The full text is available to signed-in members, including the 44 later cases that cite this judgment.
8 of the 44 citing cases carry a classified treatment. How each court treated it is available to signed-in members.