Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 239

239 Appeal against decision of Childrens Court

(1) This section applies to a decision of the Childrens Court (the
"original decision" ) on an application for an order transferring a child protection order or child protection proceeding to a participating State.

(2) A party to the proceeding for the application may appeal to the appellate court against the decision.

(3) The appeal is started by filing a written notice of appeal with the registrar of the appellate court.

(4) The appellant must file the notice of appeal, and serve a copy of the notice on the other persons entitled to appeal against the decision, within the following times—

(a) if the original decision is to order the transfer of a child protection order—within 10 business days after receiving the notice under section 216 ;

(b) if the original decision is to order the transfer of a child protection proceeding—within 10 business days after receiving the notice under section 231 ;

(c) otherwise—within 10 business days after the decision.

(5) The appellate court may not extend the period for filing and serving the notice of appeal.

(6) The notice of appeal must state fully the grounds of the appeal and the facts relied on.

(7) The original decision is stayed until the appellate court decides the appeal.

(8) The appeal must be decided on the evidence and proceedings before the Childrens Court.

(9) However, the appellate court may order that the appeal be heard afresh, in whole or part.

(10) The appellate court must hear and decide the appeal as soon as possible.

(11) In deciding the appeal, the appellate court may—

(a) confirm the original decision; or

(b) vary the original decision; or

(c) set aside the original decision and substitute another decision.