South Australian Current Acts South Australian Current Acts78—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.