New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 71

71 Habeas corpus

(1) The Court may, on an application for a writ of habeas corpus, give such judgment or make such order disposing of the proceedings as the nature of the case requires.

(2) Where an application for a writ of habeas corpus has been made in respect of any person, no application for a writ of habeas corpus shall again be made in respect of that person on the same grounds, whether to the same Judge or to any other Judge or to the Court of Appeal, unless fresh evidence is adduced in support of the application.

(3) Subsection (2) applies notwithstanding anything in any Act or rule of law.

(3A) Subject to the rules, a writ of habeas corpus may be enforced in the ways in which a judgment or order of the Court may be enforced.

(3B) Subsection (3A) does not affect the power of the Court to punish for contempt.

(4) In this section,
"writ of habeas corpus" means a writ of habeas corpus ad subjiciendum.