Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN AND YOUNG PEOPLE ACT 1999 (REPEALED) - SECT 380

    (1)     The following appeals may be made to the Supreme Court under this Act:

        (a)     an appeal by the young person against whom the order was made from an order under part 6.2 (Dealing with young offenders in ACT), other than an order made under section 92 (Committal of guilty young person to Supreme Court) or section 128 (Special purpose leave);

        (b)     an appeal, by the young person charged, from a decision of the Childrens Court under section 98 that the charge against the young person was proved;

        (c)     an appeal, by a party to the proceeding in which the order was made, from an order of the Childrens Court under section 128;

        (d)     an appeal, by way of an order to review, by the informant from an order of the Childrens Court dismissing an information under part 6.2;

        (e)     an appeal, by way of an order to review, by the child against whom the order was made, from an order under part 6.2;

        (f)     an appeal, by way of order to review, by the informant from a decision of the Childrens Court to dispose of a case summarily under section 89;

        (g)     an appeal, by way of an order to review, by the informant from a decision of the Childrens Court not to commit a child or young person to the Supreme Court for sentence under section 92;

        (h)     an appeal, by way of an order to review, by the informant from an order of the Childrens Court under division 6.2.3 (Disposition of young offenders).

    (2)     An appeal from one of the following decisions under chapter 7 (Children and young people in need of care and protection) may be made to the Supreme Court only on a question of law or on the ground that a substantial miscarriage of justice has occurred:

        (a)     the making of an order;

        (b)     a refusal to make an order applied for;

        (c)     to extend an order;

        (d)     a refusal to extend an order;

        (e)     to vary an order;

        (f)     a refusal to vary an order;

        (g)     to revoke an order;

        (h)     a refusal to revoke an order.

    (3)     The following people may appeal under subsection (2):

        (a)     a party to the proceeding in which the decision was made;

        (b)     a person named in the order.

    (4)     A person may not appeal to the Supreme Court in relation to a matter arising under this Act except—

        (a)     in accordance with this section; or

        (b)     in relation to a protection order made by the Childrens Court in relation to a child or young person in need of care and protection—in accordance with the Domestic Violence and Protection Orders Act 2001 ; or

        (c)     in accordance with chapter 8 (Interstate transfer of proceedings).

    (5)     This chapter does not limit the Magistrates Court Act 1930 , part 3.10 (Criminal appeals) or another Territory law that makes provision about the appellate jurisdiction of the Supreme Court.