Victorian Current Acts

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 96

    (1)     The appeal is by way of a rehearing by the County Court or the Supreme Court.

Note to s. 96(1) amended by No. 3/2016 s. 88, substituted by No. 1/2022 s. 105.

Note

See section 92 which provides that the appeal is to the County Court unless the relevant decision was made by the Children's Court constituted by the President of the Court, in which case the appeal is to the Trial Division of the Supreme Court, or, if the relevant decision was made by the Magistrates' Court or the Children's Court constituted by the Chief Magistrate who is a dual commission holder, the appeal is to the Court of Appeal.

    (2)     On the appeal, the County Court or Supreme Court may—

        (a)     confirm the relevant decision; or

        (b)     set aside the relevant decision; or

        (c)     vary the relevant decision and make any other order the Magistrates' Court or Children's Court could have made and exercise any other powers that the Magistrates' Court or Children's Court may have exercised; or

        (d)     make a determination under section 176E(2) of the Family Violence Protection Act 2008 and make any order the Magistrates' Court or Children's Court could have made and exercise any other powers that the Magistrates' Court or Children's Court may have exercised under Division 2 of Part 9A of that Act; or

        (e)     give a mediation direction under Division 2 of Part 3.