South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 126

126—Review of decision may be sought

        (1)         Any person who is required to be notified of a decision of the Chief Executive to transfer a child protection order to a participating State under this Part may apply to the Court for a review of the decision.

        (2)         An application for review must be lodged with the Court and served on the Chief Executive within 13 business days after the day on which the decision is made.

        (3)         Subject to subsection (2), an application for review must be brought in accordance with the rules of the Court.

        (4)         The lodgment and service of an application in accordance with subsections (2) and (3) operate as a stay of the decision pending the determination of the review.

        (5)         A review is to be conducted by way of a hearing and for that purpose the Court may receive evidence, including, if the Court so determines, evidence given by affidavit.

        (6)         The Court must, on a review, give due weight to the decision being reviewed and the reasons for it and not depart from the decision except for cogent reasons.

        (7)         On a review, the Court may—

            (a)         affirm the decision the subject of the review; or

            (b)         rescind the decision; or

            (c)         rescind the decision and substitute a decision that the Court considers appropriate; or

            (d)         remit the subject matter of the review to the Chief Executive for reconsideration in accordance with any directions or recommendations of the Court,

and may make any ancillary or consequential order that the Court considers appropriate.

        (8)         Each party to the proceedings is to bear their own costs unless the Court considers that some other order should be made to do justice between the parties.