Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 31

Appeal by applicant

31. Appeal by applicant



(1) In this section-

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

   (a)  not to make a final order; or

   (b)  not to vary, revoke or extend a final order; or

   (c)  to make a final order in terms that aggrieve the applicant; or

   (d)  to vary, revoke or extend an intervention order in terms that aggrieve
        the applicant.

(2) The applicant 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) An applicant who wants to appeal must, within one month after the relevant
decision, serve written notice of the applicant'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).

(4) The notice of appeal must-

   (a)  be signed by the applicant; and

   (b)  set out the grounds for the appeal.

(5) 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.

(6) The applicant may not bring any further appeal against any order made by
the County Court or the Supreme Court (as the case requires).

(7) 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.

(8) Except in the case of an application for variation, revocation or
extension of an intervention order, if the applicant is not the affected
person or a police officer, the County Court or the Supreme Court (as the case
requires) must not commence or continue the hearing of the appeal if-

   (a)  the affected person objects to the appeal; or

   (b)  if the affected person is a child, and the application was made with
        the consent of a parent under section 11(1)(c)(iii), that parent
        objects to the appeal.

Division 5-Contravention of order