New South Wales Consolidated Acts

CRIMES (SERIOUS SEX OFFENDERS) ACT 2006 - SECT 22

22 Right of appeal

(1) An appeal to the Court of Appeal lies from any determination of the Supreme Court to make, or to refuse to make, an extended supervision order or continuing detention order.

(2) An appeal may be on a question of law, a question of fact or a question of mixed law and fact.

(3) An appeal against the decision of the Supreme Court may be made, as of right, within 28 days after the date on which the decision was made or, by leave, within such further time as the Court of Appeal may allow.

(4) The making of an appeal does not stay the operation of an extended supervision order or continuing detention order.

(4A) If the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the extended supervision order or continuing detention order the subject of the appeal continues in force, subject to any order made by the Court of Appeal.

(4B) Without limiting any other jurisdiction it may have, if the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the Court of Appeal may make an interim order revoking or varying an extended supervision order or a continuing detention order the subject of the appeal.

(5) This section does not limit any right of appeal that may exist apart from this Act.