Northern Territory Numbered Acts

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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 194

Local Court may review decision of Authority

    (1)     Any of the following decisions about a clearance notice may be reviewed under this section:

    (a)     a decision under section 189 (1) or (4) not to issue the notice;

    (b)     a decision under section 192 (2) to revoke the notice;

    (c)     a decision under section 193 (2) to specify conditions for the notice;

    (d)     any other decision of the Authority about the notice specified by regulation.

    (2)     An application for the review may be made by any of the following persons:

    (a)     for a decision mentioned in subsection (1)(a) – the candidate or the applicant for the notice;

    (b)     for any other decision – the person holding, or the applicant for, the notice.

    (3)     The application must be made to the Local Court within 28 working days after the person is notified of the decision.

    (4)     The application does not affect the operation or implementation of the decision.

    (5)     However, the Local Court may make another decision staying or otherwise affecting the operation or implementation of so much of the decision as it considers appropriate to effectively decide the application.

    (6)     A decision made under subsection (5):

    (a)     is subject to the conditions specified by the Local Court; and

    (b)     has effect:

        (i)     for the period specified by the Local Court; and

        (ii)     if no period is specified by the Local Court – until the application is decided.

    (7)     The review:

    (a)     must be conducted as a new hearing; and

    (b)     is not limited by the material before the Authority.

    (8)     The Local Court may:

    (a)     affirm the decision; or

    (b)     vary the decision; or

    (c)     set aside the decision; or

    (d)     set aside the decision and replace it by the Local Court's decision.

    (9)     The Local Court may make any order about costs.



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