CHILD PROTECTION ACT 1999 - SECT 239
Appeal against decision of Childrens Court
CHILD PROTECTION ACT 1999 - SECT 239
Appeal against decision of Childrens Court
239 Appeal against decision of Childrens Court
(1) This section applies to a decision of the Childrens Court (the
"original decision" ) on an application for an order transferring a child
protection order or child protection proceeding to a participating State.
(2)
A party to the proceeding for the application may appeal to the appellate
court against the decision.
(3) The appeal is started by filing a written
notice of appeal with the registrar of the appellate court.
(4) The appellant
must file the notice of appeal, and serve a copy of the notice on the other
persons entitled to appeal against the decision, within the following times—
(a) if the original decision is to order the transfer of a child protection
order—within 10 business days after receiving the notice under section 216;
(b) if the original decision is to order the transfer of a child protection
proceeding—within 10 business days after receiving the notice under
section 231;
(c) otherwise—within 10 business days after the decision.
(5) The appellate court may not extend the period for filing and serving the
notice of appeal.
(6) The notice of appeal must state fully the grounds of
the appeal and the facts relied on.
(7) The original decision is stayed until
the appellate court decides the appeal.
(8) The appeal must be decided on the
evidence and proceedings before the Childrens Court.
(9) However, the
appellate court may order that the appeal be heard afresh, in whole or part.
(10) The appellate court must hear and decide the appeal as soon as possible.
(11) In deciding the appeal, the appellate court may—
