New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 67

67 Appeals to the Supreme Court

(1) A party to a proceeding before the Tribunal (whether under this or any other Act) may appeal to the Supreme Court from any decision of the Tribunal in that proceeding:

(a) as of right, on a question of law, or

(b) by leave of the Supreme Court, on any other question.

(1A) A person who has appealed to the ADT under section 67A against a decision of the Guardianship Tribunal may not appeal to the Supreme Court under this section in respect of the same decision. However, the person may appeal to the Supreme Court under this section if the appeal under section 67A is withdrawn with the approval of the ADT for the purpose of enabling the Supreme Court to deal with the matter.

(2) An appeal by a person under this section is to be instituted:

(a) in the case of a prescribed decision made by the Tribunal in the exercise of a function under section 51A or of a decision made in the exercise of a function under section 64 (2)-within the period ending 28 days after the relevant decision has been made, or

(b) in any other case-within the period ending 28 days after the day on which the written instrument setting out the formal reasons for the decision is furnished to the person, or

(c) within such further time as the Supreme Court may, in any case, allow.

(3) The Supreme Court shall hear and determine the appeal and may make such orders as it thinks appropriate in the light of its decision.

(4) Without affecting the generality of subsection (3), the orders that may be made by the Supreme Court on an appeal include:

(a) an order affirming or setting aside the decision of the Tribunal, and

(b) an order remitting the case to be heard and decided again by the Tribunal (either with or without the hearing of further evidence) in accordance with the directions of the Supreme Court.

(5) Subject to any interlocutory order made by the Supreme Court, an appeal operates to stay the decision appealed against.

(6) The Tribunal is not liable for any costs relating to:

(a) an order or decision of the Tribunal in respect of which an appeal is made, or

(b) any such appeal.

(7) In this section:
"prescribed decision" means a decision made in the exercise of a function under:

(a) section 36 in respect of giving consent to minor treatment, or

(b) Part 5A, or

(c) Division 2 of Part 6, or

(d) section 67E.