Minogue, Craig v Dougherty, Sharelle (in her capacity as a Corrections Act 1986 Officer) and Trotter, Michael (in his capacity as a Governor of Barwon Prison) and Ryan, Brett (in his capacity as a Governor of Barwon Prison) and Dougherty, Sharelle (in her

CHARTER OF HUMAN RIGHTS, JUDICIAL REVIEW, PRACTICE AND PROCEDURE, STATUTORY INTERPRETATION
Judgment type: 
Supreme Court of Victoria
Judge(s): 
John Dixon J
Parties: 

Minogue, Craig v Dougherty, Sharelle (in her capacity as a Corrections Act 1986 Officer) and Trotter, Michael (in his capacity as a Governor of Barwon Prison) and Ryan, Brett (in his capacity as a Governor of Barwon Prison) and Dougherty, Sharelle (in her capacity as a Corrections Act 1986 Officer)

Judgment Date: 
6 December 2017
Catchwords: 

CHARTER OF HUMAN RIGHTS - Obligation under s38(1) to accord proper consideration to a relevant human right when making a decision - Whether seizure of pen pal letter in accordance with mail policy unreasonably limited freedom of expression - Whether refusal to photocopy A3 document constituted censorship of mail or unreasonable limitation of right to privacy of correspondence or freedom of expression - Whether non-delivery of a letter constituted censorship of mail or unreasonable limitation of right to privacy of correspondence or freedom of expression - Relief refused - Charter of Human Rights and Responsibilities Act 2006 s7, s13, s15(2), s38; Corrections Act 1986 s47(1)(n) and s47D.

CHARTER OF HUMAN RIGHTS - Whether prison mail officer a public authority - Governor offered to be substituted for prison mail officer as defendant - Whether prison officer a proper contradictor - Statutory responsibility for prisoner mail lies with governor - Relief refused on discretionary grounds where governor accepted responsibility - Relief granted where decision complete without proper consideration before governor attempted to assume responsibility - Charter of Human Rights and Responsibilities Act 2006 s4, s7, s13, s15(2), s38; Corrections Act 1986 s12, s47(1)(n) and s47D.

JUDICIAL REVIEW - Claims for declaratory relief - Whether seizure of pen pal letter unlawful - Whether refusal to photocopy A3 document constituted censorship of mail or unlawful application of Governor's rights in respect of prisoner mail - Whether non-delivery of a letter pending consideration of the mail procedure by the governor was unlawful - Relief refused - Charter of Human Rights and Responsibilities Act 2006 s13, s15(2) - Corrections Act 1986 s47(1)(n) and s47D.

JUDICIAL REVIEW - Claim for declaratory relief - Concession rightly made by defendant that prison mail officer returning letter and book to sender was unlawful - Declaratory relief granted - Corrections Act 1986 s47(1)(n) and s47D.

PRACTICE AND PROCEDURE - Application for extension of time to institute proceeding for judicial review - Special circumstances - Extension of time granted - Supreme Court (General Civil Procedure) Rules 2015 r56.02(1).

PRACTICE AND PROCEDURE - Application for preliminary discovery - Application refused - Supreme Court (General Civil Procedure) Rules 2015 r32.03, r32.05.

STATUTORY INTERPRETATION - Whether work instruction to a prison officer was delegation by governor - No delegation - Failure to proceed against proper defendant - Corrections Act 1986 s24.

Citation: 
[2017] VSC 724