Victorian Current Acts Victorian Current ActsS. 16(1) amended by No. 16/1991 s. 27(a)(b).
(1) Where the Attorney-General or the prisoner, or any other person who has requested or consented to the transfer of the prisoner, is dissatisfied with the decision of the Magistrates' Court under section 15, the prisoner or that person, as the case may be, may, within fourteen days of the decision, apply to the Supreme Court for a review of the decision and the Supreme Court may review the decision.
S. 16(2) amended by Nos 18/2005 s. 18(Sch. 1 item 84), 17/2014 s. 160(Sch. 2 item 73).
(2) The prisoner shall be entitled to be present or be represented by an Australian legal practitioner at the review and for that purpose any court or a person authorized by the rules of the Supreme Court may by order in writing direct the gaoler or the prison where the prisoner is then imprisoned to bring the prisoner to the place of the review specified in the order on a date and at a time so specified.
S. 16(3) amended by No. 16/1991 s. 27(c).
(3) The Attorney-General and any other person who has requested or consented to the transfer of the prisoner shall be entitled to appear or be represented at the review.
(4) The review of the decision shall be by way of rehearing on the evidence, if any, given before the Magistrates' Court and on any evidence in addition to the evidence so given.
(5) Upon the review of a decision, the Supreme Court may confirm the decision or quash the decision and substitute a new decision in its stead.
S. 16(6) amended by No. 16/1991 s. 27(d).
(6) For the purposes of giving effect to any such substituted decision the Supreme Court may issue an order for the transfer of the prisoner to the appropriate participating State or Territory.
S. 16A inserted by No. 16/1991 s. 28.