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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 309 Appeals

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 309

Appeals

(1)     A party to an application for an order under this Division may appeal to the Supreme Court, on a question of law, from a final order made in that proceeding transferring a child care and protection order to a participating State.

(2)     An appeal under subsection (1)—

        (a)     must be instituted, and originating process must be served on the chief executive, within 10 working days after the day the order complained of was made; and

        (b)     operates as stay of the order.

(3)     An appeal under subsection (1) must be brought in accordance with the rules of the Supreme Court.

(4)     However, the Supreme Court cannot extend the time fixed by paragraph (2) (a).

(5)     The Supreme Court must hear and decide the appeal as expeditiously as possible.

(6)     After deciding the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for rehearing to the Childrens Court with or without a direction in law.

(7)     An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for rehearing to the Childrens Court, may be enforced as an order of the Supreme Court.

(8)     The Supreme Court may make any interim short care and protection order pending the hearing of the appeal that the Childrens Court has jurisdiction to make.