Seiffert v Prisoners Review Board [2023] WASCA 15 – Government Duty of Care

Forbes Kirby recently succeeded in overturning a decision of the Supreme Court to summarily dismiss Mr Seiffert’s claim against the State of Western Australia. The Court of Appeal in its unanimous decision ruled that Mr Seiffert’s claims of breach of duty of care and statutory duty, relating to the Prisoner’s Review Board’s failures to provide him with its reasons for decision and information pertaining to his review rights when cancelling his parole, were arguable and could proceed to trial.

This decision follows earlier decisions of the Supreme Court, including the decision of former Chief Justice Martin CJ.

Mr Seiffert’s case will now proceed to trial in the Supreme Court of Western Australia.