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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 314 Appeals

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 314

Appeals

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

(2)     An appeal—

        (a)     must be instituted, and originating process must be served on the chief executive, within 3 working days after the day the order complained of was made; and

        (b)     operates as stay of the order but not of any interim order made at the same time as 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 subsection (2) (a).

(5)     The Supreme Court must hear and decide the appeal as quickly 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—

        (a)     make an order staying the operation of an interim order made at the same time as the order that is the subject of the appeal or may, by order, vary or revoke or extend the period of that interim order; and

        (b)     make an interim short care and protection order that the Childrens Court has jurisdiction to make pending the hearing of the appeal.