[1980] VR 561
R v CLASSIFICATION COMMITTEE ; EX PARTE FINNERTY
SUPREME COURT OF VICTORIA
KAYE, J
4-6, 22 February 1980
[1980] VR 561
Prerogative writs — Prisoner serving sentences of imprisonment — Assessment of
security rating and classification by prison Classification Committee — Whether legal right or legal status or legitimate expectation accrued from
assessment and classification — Reclassification of prisoner by Classification
Committee — Discharging administrative function for prison management — Rules
of natural justice not applied by Classification Committee — No duty to
observe natural justice — Gaols Act 1958 (No 6259), s49 — Community Welfare
Services Act 1970 (No. 8089), s2(1), s2(2)(b), s125 — Social Welfare
Regulations 1962, Div. III, as amended by SR No. 97 of 1974, reg107, reg108,
reg109, reg110, reg111, reg112, reg218(a).
.
The classification of a prisoner under the provisions of the regulations
contained in the Social Welfare Regulations 1962, Div. III, as amended by
Statutory Rule No. 97 of 1974, does not confer upon him any legal right or any
legal status or any lawful expectation for which he is entitled to have the
laws of natural justice applied when the Classification Committee reclassifies
him.
Flynn v R (1949) 79 CLR 1; Smith v Comr. of Corrective Services, [1978] 1
NSWLR 317; R v Institutional Head of Beaver Creek Correctional Camp; Ex parte
MacCaud (1968) 2 DLR (3d) 545, at p. 551, followed.
Durayappah v Fernando, [1967] 2 AC 337, at p. 349; [1967] 3 WLR 289, at p.
295; [1967] 2 All ER 152, at p. 156; Schmidt v Secretary of State for Home
Affairs, [1969] 2 Ch 149, at p. 170; Twist v Randwick Municipal Council (1976)
136 CLR 106, at pp. 109-10; Salemi v Mackellar (No. 2) (1977) 137 CLR 396, at
pp. 400-2, 404, 419-20, 441, referred to.
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[1980] VR 561
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