New South Wales Repealed Acts

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 21

21 Appeals to Court against management orders

(1) Where a Magistrate or the MHRT makes an order that the estate of a person be subject to management under this Act, the person may, subject to and in accordance with rules of Court, appeal to the Court against the order.

(2) An appeal shall be by way of a new hearing and fresh evidence or evidence in addition to, or in substitution for, the evidence in relation to which the order in respect of which the appeal is made may be given on the appeal.

(2A) If the person to whom the order relates has appealed to the ADT under section 21A against the order, the person may not appeal to the Court under this section against the same order. However, the person may appeal to the Court under this section if the appeal under section 21A is withdrawn with the approval of the ADT for the purpose of enabling the Court to deal with the matter.

(3) On an appeal, the Court may revoke or confirm the order in respect of which the appeal is made.

(4) Neither the MHRT nor any member of the MHRT shall be liable to any costs relating to an order of the MHRT in respect of which an appeal is made or the appeal.