Hickey v State Parole Authority [2022] NSWSC 1389

Hickey v State Parole Authority [2022] NSWSC 1389

The plaintiff did not produce sufficient evidence to support the application under s 176(3). The first three grounds attacked submissions or conclusions drawn from material rather than demonstrating that factual information before the State Parole Authority was false, misleading or irrelevant. The fourth ground failed because the relevant extract appeared in the video and was not false or misleading. The fifth ground failed because, in performing its functions under ss 130 and 159C, the State Parole Authority could have regard to factual matters relevant to release on parole, including the video material, and the plaintiff did not show that material was false or misleading. The threshold...

Jurisdiction
Australia
Judgment Date
18 October 2022
Procedural Posture
Application to the Supreme Court Under S 176 of the Crimes (administration of Sentences) Act 1999 for a Direction to the State Parole Authority / Hearing of Application; Principal Judgment
Outcome
Application dismissed.
Legal Topics
['state Parole Authority' 'revocation of Statutory Parole Order' 'false, Misleading or Irrelevant Information' 'threshold Test Under S 176(3)' 'serious Identifiable Risk to the Safety of the Community']
['administrative Law' 'parole'] ['state Parole Authority' 'revocation of Statutory Parole Order' 'false, Misleading or Irrelevant Information' 'threshold Test Under S 176(3)' 'serious Identifiable Risk to the Safety of the Community']

Case Brief

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Procedural Posture

Application to the Supreme Court Under S 176 of the Crimes (administration of Sentences) Act 1999 for a Direction to the State Parole Authority / Hearing of Application; Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's application under s 176 of the Crimes (Administration of Sentences) Act 1999 was not an abuse of process and appeared to have sufficient evidence to support it." "Whether the State Parole Authority revoked the plaintiff's statutory parole order on the basis of false, misleading or irrelevant information." 'Whether submissions or conclusions advanced by the Commissioner for Corrective Services constituted "information" for the purposes of s 176(1)(b).' "Whether material concerning the plaintiff's video should have been disregarded because of the implied freedom of political communication."]

Ratio Decidendi

The plaintiff did not produce sufficient evidence to support the application under s 176(3). The first three grounds attacked submissions or conclusions drawn from material rather than demonstrating that factual information before the State Parole Authority was false, misleading or irrelevant. The fourth ground failed because the relevant extract appeared in the video and was not false or misleading. The fifth ground failed because, in performing its functions under ss 130 and 159C, the State Parole Authority could have regard to factual matters relevant to release on parole, including the video material, and the plaintiff did not show that material was false or misleading. The threshold...

Court Disposition

Application dismissed.

Orders

  • ['Application for direction to the State Parole Authority is dismissed.']