CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 169

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 169

169 .         Appeals

        (1)         A party to an application for an order under section 164 may appeal to the Supreme Court, on a question of law, from a final order made in that proceeding transferring, or refusing to transfer, a home order to a participating State.

        (2)         An appeal under subsection (1) —

            (a)         must be instituted, and (except where instituted by the CEO) written notice of it must be given to the CEO, within 10 working days after the day on which the order appealed from was made; and

            (b)         operates as a stay of the order.

        (3)         The Supreme Court cannot extend the time fixed by subsection (2)(a).

        (4)         Subject to subsections (2) and (3), an appeal under subsection (1) must be brought in accordance with the rules of the Supreme Court.

        (5)         The Supreme Court must hear and determine the appeal as expeditiously as possible.

        (6)         Pending the determination of the appeal, the Supreme Court may make any interim order that the Children’s Court can make under section 133.

        (7)         On determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for rehearing to the Court with or without any direction in law.

        (8)         An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for rehearing to the Court, may be enforced as an order of the Supreme Court.