Hickey v State Parole Authority [2022] NSWSC 1389

Supreme Court New South Wales

Medium Neutral Citation: Hickey v State Parole Authority [2022] NSWSC 1389 Hearing dates: 07 October 2022 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Common Law Before: Garling J Decision: Application dismissed. Catchwords: ADMINISTRATIVE LAW — Particular administrative bodies — State Parole Authority — Revocation of statutory parole order — Offender alleged that the order was revoked on the basis of false, misleading or irrelevant information — Application for direction to Authority that the information was false, misleading or irrelevant — Application dismissed Legislation Cited: Crimes (Administration of Sentences) Act 1999 Pt 6, Div 3A, ss 130(1)(a), 158, 176 Cases Cited: Attorney General for New South Wales v New South Wales State Parole Authority [2006] NSWSC 865 Blanche v NSW New South Wales State Parole Authority [2014] NSWSC 835 Townsend v Parole Board [2001] NSWCCA 379 Wainwright v Parole Authority of New South Wales [2017] NSWSC 1019 Texts Cited: Not applicable Category: Principal judgment Parties: Simon Hickey (P) State Parole Authority (D1) Attorney-General of NSW (D2) Representation: Counsel: Self-Represented (P) Submitting appearance (D1) Z Heger / S Hoare (D2)

Solicitors: File Number(s): 2022/199657 Publication restriction: Not applicable

Judgment 1. GARLING J: On 29 June 2022, the plaintiff, Simon Hickey, made application to the Court for a direction to be given to the State Parole Authority of NSW ("the SPA") pursuant to s 176 of the Crimes (Administration of Sentences) Act 1999 ("the Act") that the decision which it made to revoke his parole had been made on the basis of false, misleading or irrelevant information. 2. The SPA filed a submitting appearance. The Attorney-General for NSW was joined and acted as a contradictor in the proceedings. 3. For the reasons which appear below, the application by the plaintiff must be dismissed.