(1A) A
person who applied to the Local Court or the Children's Court for an
apprehended violence order may apply to the Court for the annulment of the
dismissal of the application for the order by the Court, but only if the
person was not in attendance before the Court when the application was
dismissed.
(1B) The Local Court or the Children's Court may grant an
application for an annulment made under subsection (1A) if it is satisfied
that, having regard to the circumstances of the case, there is just cause for
doing so. If such an application is granted, the Court may deal with the
application for the apprehended violence order as if the application for the
order had not been dismissed.
(a1) by the applicant for an apprehended violence order (or, if the applicant
was a police officer, either the applicant or the person for whose protection
the order would have been made) against the dismissal of the application by
the Local Court or the Children's Court, or
(b) by the applicant for an order
or a defendant against the awarding of costs under section 99 of this Act, or
(b) may be made only by leave of the
District Court in the case of an appeal against the making of an
apprehended violence order that was made with the consent of the defendant.
(4) The Crimes (Appeal and Review) Act 2001 applies to an application or
appeal arising under this section with such modifications as are made by or in
accordance with the regulations under that Act.
(5A) Part 6
(Interim court orders) applies to proceedings with respect to an appeal to the
District Court under subsection (2) in the same way as it applies to an
application to the Local Court or the Children's Court under Part 4 or 5.
(5B) If the District Court allows an appeal made under this section against
the refusal to annul an apprehended violence order and remits the matter to
the Local Court or the Children's Court, the District Court must, unless the
District Court is satisfied that it is not necessary to do so, make an
interim court order under Part 6 as if an application for such an order had
been duly made.