Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 30

Appeal by respondent

30. Appeal by respondent



(1) In this section-

relevant decision means a decision of the court hearing the application-

   (a)  to make a final order; or

   (b)  to vary, revoke or extend, or to refuse to vary, revoke or extend, an
        intervention order; or

   (c)  to make any term of an order referred to in paragraph (a) or (b).

(2) The respondent may appeal to the County Court (or, if the court was the
Children's Court constituted by the President of that Court, to the Trial
Division of the Supreme Court) against a relevant decision.





(3) The giving of notice of appeal to the County Court or the Supreme Court
(as the case requires) does not stay the operation of the order but the court
which made the order may, on the application of the respondent, in its
discretion stay the operation of the order or any term of the order pending
the decision of the appeal.

(4) A respondent who wants to appeal must, within one month after the relevant
decision, serve written notice of the respondent's intention to appeal on the
following persons-

   (a)  all other parties to the proceedings in which the relevant decision
        was made;

   (b)  the registrar of the court;

   (c)  if the affected person is a child and the application for the
        intervention order was made with the consent of a parent under section
        11(1)(c)(iii), that parent;

   (d)  the Registrar of the County Court or the prothonotary of the Supreme
        Court (as the case requires).

(5) The notice of appeal must-

   (a)  be signed by the respondent; and

   (b)  set out the grounds for the appeal.

(6) An appellant applying for the stay of operation of an order or any term of
the order must give notice to the applicant for the intervention order and any
person required to be notified under subsection (4).

(7) In staying the operation of the order or any term of the order the court
may impose bail conditions on the appellant as though the appellant were an
accused person being released from custody on bail.

(8) The County Court or the Supreme Court (as the case requires) must proceed
to re-hear the case upon appeal and may confirm, reverse or vary the decision
or order of the court and make any other order that the court could have made
and exercise any other powers that the court might have exercised.

(9) The provisions of the Magistrates' Court Act 1989 or the
Children, Youth and Families Act 2005 (as the case requires) so far as
applicable and with any necessary modifications and adaptations extend and
apply to appeals under this section.