GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 30
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 30
30 . Powers of Court
(1A) In this section
—
determination includes a decision under
section 110ZND to consent or refuse consent to the performance of an abortion
on a person;
(1) Upon the hearing
of an appeal, the Court may do one or more of the following —
(a)
confirm, set aside, or vary the determination of the State Administrative
Tribunal and any order made or thing done as a result of the determination;
(b)
substitute a determination that could be made under this Act;
(c)
remit the case for redetermination by the State Administrative Tribunal, with
or without any direction to the Tribunal;
(d)
exercise any power that the Court may exercise on an application for
certiorari, mandamus, prohibition, or habeas corpus;
(e) make
such other order as it thinks fit, including an order as to costs.
(2) The Court is not
required to set aside, quash or vary a determination of the State
Administrative Tribunal because the Tribunal omitted to make any necessary
finding if the facts or evidence —
(a) in
substance support the determination; or
(b)
justify the finding,
and the Court may
instead under subsection (1) either vary the determination or substitute
another determination for it.
(3) The State
Administrative Tribunal may take all such steps as are necessary to give
effect to any decision of the Court of a kind mentioned in subsection (1)(c).
[Section 30 amended: No. 55 of 2004 s. 466; No. 20
of 2023 s. 36.]