The State Parole Authority last week declined Toohey's application for parole consideration, which was lodged under the provisions of manifest injustice.

A State Parole Authority spokeswoman said on Friday: "The authority considered a report from Community Corrections advising that release from custody would be inappropriate."

Toohey is now scheduled for anniversary parole consideration at a private meeting on August 9.

Toohey was sentenced in the Parramatta District Court in March for sexual intercourse with a person under 10, under authority, following a judge-alone trial.

He had previously been convicted in 2017 and was jailed for seven-and-a-half-years for the manslaughter of the same 11-month-old.

A non-parole period of four-and-a-half years made him eligible for parole on October 8 last year.

The charge of sexual intercourse with a person under 10, under authority, was heard separately from the manslaughter charge and Toohey was jailed for four years and six months (three years non-parole).

That sentence dated from March 9, 2016, making Toohey eligible for parole on March 8, 2019 - the day after he was sentenced.

Meanwhile, a date has been confirmed for a Director of Public Prosecutions appeal against the leniency of Toohey's sentence on the sex assault conviction.

The matter, before the NSW Court of Criminal Appeal, was mentioned briefly before being set down for hearing on July 5.

The DPP launched an appeal in April against the four-and-a-half year jail sentence handed down to Toohey for the sexual assault of the baby on the grounds it was "manifestly inadequate".

At the time, the father and paternal grandmother of the baby girl - who cannot be named for legal reasons -welcomed the appeal by the DPP, saying it was the "first step in another journey for the family."

The victim's sister, who also cannot be identified, said she would be worried for the safety of other children if Toohey was released.

For her, when it comes to the man who killed her sister, no jail sentence is long enough.

She said she has beautiful memories of her baby sister and her father and grandmother had been there for her as they all tried to cope with the tragedy.

She said the family would keep fighting "until my baby [sister] gets justice".