Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 38

Procedure for appeals

38. Procedure for appeals



(1) If the offender or the Secretary proposes to appeal under this Part, he or
she must, in accordance with rules of court, give to the Court of Appeal,
within 28 days after the day on which the relevant decision was made, notice
of appeal setting out the grounds of the appeal.

(2) As soon as practicable after giving notice of appeal to the Court of
Appeal under subsection (1), the appellant must cause a copy of the notice to
be served on the respondent to the appeal.

(3) If the Secretary is the appellant, the document served under subsection
(2) must be accompanied by a notice in the prescribed form setting out the
offender's rights in relation to, and the procedure for the hearing and
determination of, the appeal.

(4) The giving of notice of appeal to the Court of Appeal does not, unless the
court that made the relevant decision or the Court of Appeal otherwise orders,
stay the operation of the relevant decision.