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HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 32 Appeals

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 32

Appeals

    (1)     An appeal to the Supreme Court may be brought as of right from—

        (a)     the making, variation or revocation of a declaration or order under section 31; or

        (b)     a refusal of the Magistrates Court to make, vary or revoke such a declaration or order.

    (2)     The Magistrates Court Act 1930

, part 4.5 (Civil appeals), other than section 274 (Cases in which appeal may be brought), applies in relation to the appeal.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including rules (see Legislation Act

, s 104).

    (3)     Despite subsection (1), an appeal does not lie (whether as of right or by leave) from—

        (a)     the making, variation or revocation of an interim restraining order under section 31; or

        (b)     a refusal of the Magistrates Court to make, vary or revoke such an order.