Victorian Numbered Acts Victorian Numbered Acts(1) A person to whom this section applies may appeal to the County Court or, if the Court was constituted by the President, to the Trial Division of the Supreme Court against—
(a) a protection order; or
(b) the dismissal of a protection application or an irreconcilable difference application; or
(c) an order requiring an undertaking where the Court has not found the child to be in need of protection; or
(d) a therapeutic treatment order; or
(e) a therapeutic treatment (placement) order; or
(f) the dismissal of an application for—
(i) a therapeutic treatment order; or
(ii) a therapeutic treatment (placement) order; or
(g) an order varying or revoking—
(i) a therapeutic treatment order; or
(ii) a therapeutic treatment (placement) order; or
(h) an order extending—
(i) a therapeutic treatment order; or
(ii) a therapeutic treatment (placement) order; or
(i) an order varying or revoking—
(i) a supervision order; or
(ii) a custody to third party order; or
(iii) a supervised custody order; or
(iv) a custody to Secretary order; or
(v) a permanent care order; or
(j) an order extending—
(i) a supervision order; or
(ii) a supervised custody order; or
(iii) a custody to Secretary order; or
(iv) a guardianship to Secretary order; or
(k) an order revoking—
(i) a guardianship to Secretary order; or
(ii) a long-term guardianship to Secretary order; or
(l) an order made under section 318 (breach of supervision order, supervised custody order or interim protection order); or
(m) the dismissal of an application for an order referred to in paragraph (g), (h), (i), (j), (k) or (l); or
(n) a permanent care order; or
(o) the dismissal of an application for a permanent care order.
(2) This section applies to—
(a) the child who is the subject of the order or application; or
(b) the parent of that child; or
(c) the protective intervener, if one has been involved in the proceeding; or
(d) the person who has been granted custody and guardianship in a permanent care order; or
(e) the Secretary; or
(f) the Attorney-General, if he or she appeared or was represented in the proceeding under section 215(2).
(3) If the appellant is a child under the age of 15 years an appeal may be made on the child's behalf and in the name of the child by the child's parent.
(4) If a protective intervener wishes to appeal under this section, the appeal must be brought by the Secretary on behalf of the protective intervener.
(5) If a person appeals under this Act to the Supreme Court on a question of law, that person is deemed to have abandoned finally and conclusively any right under this or any other Act to appeal to the County Court or any right under this section to appeal to the Trial Division of the Supreme Court.
(6) Subdivision 1 of Division 4 of Part 4 (except sections 83, 84, 87 and 90) of, and Schedule 6 (except clauses 3, 4 and 8) to, the Magistrates' Court Act 1989 apply, with any necessary modifications, to appeals to the County Court under this section as if—
(a) a reference to the Magistrates' Court were a reference to the Children's Court; and
(b) a reference to section 83 or 84 were a reference to this section; and
(c) in section 85 for the words "and the appellant is not bound by the plea entered in the Magistrates' Court" there were substituted the words "and the appellant is not bound by the fact that he or she did not contest the application''; and
(d) a reference to the sentencing order were a reference to the order or the dismissal of the application referred to in sub-section (1).
(7) The provisions of the Magistrates' Court Act 1989 that apply to appeals to the County Court under this section by virtue of sub-section (6) (as modified by that sub-section) apply, with any other necessary modifications, to appeals to the Trial Division of the Supreme Court under this section as if—
(a) a reference to the County Court were a reference to the Trial Division of the Supreme Court;
(b) in section 86(2) the reference to section 74 of the County Court Act 1958 were a reference to section 17(2) of the Supreme Court Act 1986 ;
(c) in section 88AA(2) the reference to the County Court Act 1958 were a reference to the Supreme Court Act 1986 ;
(d) in clause 1(4) of Schedule 6 the reference to rules of the County Court were a reference to rules of the Supreme Court;
(e) a reference to the registrar of the County Court were a reference to the prothonotary of the Supreme Court.
(8) An appeal under this section does not operate as a stay of any order made by the Court unless the Court so orders with respect to the whole or any part of the order.
(9) The Court must hear and determine as expeditiously as possible an application for a stay of an order made by a person who has filed a notice of appeal and signed the undertaking referred to in clause 2(1) of Schedule 6 to the Magistrates' Court Act 1989 (as applied by sub-section (6)).
(10) Sections 522(1) (except paragraph (c)), 524, 526, 527, 534, 547 to 570 and Part 1.2 apply, with any necessary modifications, to appeals under this section as if—
(a) a reference to the Court or the Family Division were a reference to the County Court or the Supreme Court (as the case requires); and
(b) a reference to a proceeding to which section 525(1) applies were a reference to an appeal under this section; and
(c) the reference in section 527(3) to an order to which that sub-section applies were a reference to a final order made on the hearing of the appeal; and
(d) a reference in section 534(1) to the President were a reference to the County Court or the Supreme Court (as the case requires); and
(e) a reference to the appropriate registrar were a reference to the registrar of the County Court or the prothonotary of the Supreme Court (as the case requires).