In March 1997, Rodney John Johnson pleaded guilty to the murder of his partner and three of the four children of her earlier marriage.
Johnson also pleaded guilty to the rape and attempted murder of the fourth child at a home at Marrumba Downs on November 27, 1995.
Johnson used a hammer to inflict head injuries on all five victims and the girl who survived was scalded with boiling water and left with partial paralysis.
Justice Kenneth Mackenzie sentenced Johnson to life imprisonment for each of the murder and attempted murder counts and 14 years for the rape, describing them as "savage and brutal crimes".
"I say for the assistance of the community correctional authorities that I see no reason why you should be released from prison unless and until it is clear beyond doubt that you are not a threat to anyone," Justice Mackenzie said.
Johnson began applying for parole in February 2009 after serving 13 years and was rejected multiple times before applying for judicial review in the Supreme Court, which was refused in May 2020.
He argued that he had been on good behaviour in prison since 2008, had been employed during that time and had completed multiple sex offender and rehabilitation programs.
The Supreme Court upheld the parole board's decision that releasing Johnson "would subject the community to an unacceptable level of risk".
Johnson, representing himself, applied to the Court of Appeal and again sought judicial review claiming he had been denied procedural fairness and there had been a "disregard of the rules and merits" of his case.
In a decision handed down on Thursday, Acting Justice of Appeal Robert Gotterson ruled that Johnson had "not advanced any viable ground of appeal" and he was also now eligible to re-apply for parole.
"If he does (re-apply), he may put before the parole board any new material on which he would wish to rely," Acting Justice Gotterson stated.
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