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STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 31 Appeal by applicant

STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 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