Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 430

    (1)     A notice of appeal filed after the end of the period referred to in section 425(1) or 428 is deemed to be an application for leave to appeal on the grounds stated in the notice.

    (2)     The appellate court may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—

        (a)     the court considers that the failure to file a notice of appeal within the period referred to in section 425(1) or 428 was due to exceptional circumstances; and

        (b)     the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.

S. 430(3) inserted by No. 48/2012 s. 33.

    (3)     If the appellate court does not grant leave to appeal under subsection (2), the appellate court must strike out the appeal.

S. 430(4) inserted by No. 48/2012 s. 33, amended by No. 1/2022 s. 47.

    (4)     If—

        (a)     the appellate court strikes out an appeal under subsection (3); and

        (b)     the appellant had been sentenced to a period of detention in a youth residential centre or a youth justice centre by the Children's Court—

the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) may issue, in accordance with the Magistrates' Court Act 1989 , a warrant to detain the person in a youth residential centre or a youth justice centre (as the case requires) and may recall and cancel that warrant.

S. 430(5) inserted by No. 48/2012 s. 33.

    (5)     If an appeal is struck out under subsection (3)—

        (a)     the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and

S. 430(5)(b) amended by No. 1/2022 s. 47.

        (b)     the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and

        (c)     the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.

S. 430A inserted by No. 68/2009 s. 69.