A prisoner may have a viable negligence claim against the State where the Prisoners Review Board fails to comply with its statutory obligations under s 107B of the Sentence Administration Act 2003 (WA) to give notice, reasons and information about the right of review when cancelling parole. The salient features of vulnerability, dependence, knowledge of harm, and reasonable reliance support an arguable duty of care in this context. However, no duty of care arises requiring the executive to act with reasonable expedition in advising the Governor of a parole recommendation, because the Minister and Cabinet exercise an independent discretion not bound by the Board's recommendation. The question whether the Board is an emanation of the State for Crown liability purposes is a multifactorial inquiry not suitable for summary determination.
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