Australian Capital Territory Consolidated Acts

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

    (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 an excluded provision, 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)     In this section:

"excluded provision" means the following provisions of the Magistrates Court Act 1930 :

              •     section 274 (Cases in which appeal may be brought)

              •     section 275 (Appeals—Small Claims Court).

    (4)     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.