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Appeals

The legislation permits both the State of NSW and an offender to appeal a decision of the SPA in particular circumstances. Prior to the legislative amendments that came into effect on 10th October 2005, all appeals were made to the Court of Criminal Appeal.

However, as a consequence of an amendment to S155 of Part 6 of the Crimes (Administration of Sentences) Act 1999, appeals are now made to a single judge sitting in the Administrative Division of the NSW Supreme Court.

In such appeals, the offender usually alleges that the decision has been made on the basis of false, misleading or irrelevant information.

The Supreme Court cannot override a decision of the Authority, nor can they authorise the release of an offender. They can confirm that the Parole Authority have not carried out their duties according to law and direct the Authority to re-examine an offender’s matter.