A delegate exercising power under s 58E of the Corrections Act 1986 (Vic) is not required to undertake inquiries to uncover materials beyond what is actually or constructively before the delegate at the time of the decision. A finding that a prisoner did not commit a criminal offence does not necessarily equate to a finding of 'good behaviour' for the purposes of s 58E. Where a decision-maker accepts the substance of an applicant's submissions about the unreliability of witness evidence, the failure to obtain the underlying transcript does not constitute a denial of procedural fairness.
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