Queensland Consolidated Acts
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ADOPTION ACT 2009 - SECT 149
Court to decide matters afresh
149 Court to decide matters afresh
(1) A Magistrates Court hearing an appeal under section 148 is to decide
afresh whether the information given to the chief executive as investigative
information about the investigated person is investigative information.
(2) A
person who is the relevant complainant under section 147 must not be asked or
called on by the investigated person to give evidence in person before the
court.
(3) Subsection (2) does not prevent documentary evidence being
tendered and received in evidence by the court.
(4) After hearing the appeal,
the court may confirm or set aside the decision.
(5) For subsection (4) , the
court must have regard to the matters the police commissioner was required to
have regard to under this Act when the police commissioner made the decision.
(6) The clerk of the court must give notice of the decision to the
investigated person and the chief executive.
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