Hamzy v Commissioner of Corrective Services NSW

(2022) 107 NSWLR 544; [2022] NSWCA 16

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Delegated legislation
4. › Validity of regulation
5. › Construction of regulation-making power
6. › Whether regulations cutting down common law rights authorised
7. › Whether general words authorise curtailment of right to lawyer of choice and legal professional privilege
8. › Crimes (Administration of Sentences) Act 1999 (NSW), ss 79, 271
9. › Crimes (Administration of Sentences) Regulation 2014 (NSW), cl 94
1. Prisoners
2. › Administration
3. › Supervision of visits and telephone calls
4. › Extreme high risk restricted inmates
5. › Right to lawyer of choice
6. › Right to confidential communications with legal practitioners
7. › Whether criminal record check authorised
8. › Whether power to refuse visits by legal practitioners for any other reason
9. › Whether drop-in monitoring policy lawful in application to legal communications
10. › Crimes (Administration of Sentences) Regulation 2014 (NSW), cll 94, 119
1. Statutory Interpretation
2. › Regulation-making power
3. › Authorising regulations limiting common law rights
4. › Sufficiency of general words
5. › Principle of legality
6. › Reading down under Interpretation Act 1987 (NSW), s 32(2)
1. Constitutional Law (Cth)
2. › Inconsistency
3. › State law having discriminatory impact on ethnic group
4. › Whether inconsistent with Racial Discrimination Act 1975 (Cth), ss 9, 10
5. › Constitution, s 109

Quick Take

Broadly worded regulation-making powers do not authorise regulations or policies that materially curtail prisoners' rights to their chosen lawyer or to confidential privileged communications with that lawyer, absent clear statutory language or necessary implication.