Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 271

Appeal against interim accommodation order

    (1)     If the Court makes an interim accommodation order in respect of a child or dismisses an application for an interim accommodation order in respect of a child, then—

        (a)     the child; or

        (b)     a parent of the child; or

        (c)     a protective intervener

may appeal to the Supreme Court against the order or the dismissal.

    (2)     On an appeal under this section against an interim accommodation order, the Supreme Court must—

        (a)     if it thinks that a different interim accommodation order should have been made—

              (i)     set aside the order of the Children's Court; and

              (ii)     make any other order that it thinks ought to have been made; or

        (b)     in any other case, dismiss the appeal.

    (3)     On an appeal under this section against the dismissal of an application for an interim accommodation order, the Supreme Court must—

        (a)     if it thinks that the application should not have been dismissed, make the order that it thinks ought to have been made; or

        (b)     in any other case, dismiss the appeal.

Division 6—Undertakings



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