South Australian Current Acts

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78—Review of detention orders by Supreme Court

        (1)         A person who is the subject of an order of the Chief Public Health Officer under section 77 may apply to the Supreme Court for a review of the order.

        (2)         An application under this section may be instituted at any time during the currency of the order (and, subject to subsection (3), more than 1 application may be made while the order is in force).

        (3)         If a second or subsequent application is made under this section with respect to the same order, the Supreme Court must first consider whether there has been a significant change in the material circumstances of the case and should, unless the Supreme Court in its discretion determines otherwise, decline to proceed with the application (if it appears that the proceedings would simply result in a rehearing of the matter without such a change in circumstances).

        (4)         Subject to complying with subsection (3), the Supreme Court may, on hearing an application under this section—

            (a)         confirm, vary or revoke the order, or substitute any order;

            (b)         remit the subject matter to the Chief Public Health Officer for further consideration;

            (c)         dismiss the matter;

            (d)         make any consequential or ancillary order or direction, or impose any conditions, that it considers appropriate.

        (5)         The Supreme Court will be constituted of a single Judge for the purposes of this section.

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