Victorian Numbered Acts

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STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 30

Appeal by respondent

    (1)         In this section—

"relevant decision" means a decision of the court hearing the application—

        (a)     to make a final order; or

        (b)     to vary, revoke or extend, or to refuse to vary, revoke or extend, an intervention order; or

        (c)     to make any term of an order referred to in paragraph (a) or (b).

    (2)         The respondent may appeal to the County Court (or, if the court was the Children's Court constituted by the President of that Court, to the Trial Division of the Supreme Court) against a relevant decision.

    (3)     The giving of notice of appeal to the County Court or the Supreme Court (as the case requires) does not stay the operation of the order but the court which made the order may, on the application of the respondent, in its discretion stay the operation of the order or any term of the order pending the decision of the appeal.

    (4)     A respondent who wants to appeal must, within one month after the relevant decision, serve written notice of the respondent's intention to appeal on the following persons—

        (a)     all other parties to the proceedings in which the relevant decision was made;

        (b)     the registrar of the court;

        (c)     if the affected person is a child and the application for the intervention order was made with the consent of a parent under section 11(1)(c)(iii) , that parent;

        (d)         the Registrar of the County Court or the prothonotary of the Supreme Court (as the case requires).

    (5)     The notice of appeal must—

        (a)     be signed by the respondent; and

        (b)         set out the grounds for the appeal.

    (6)     An appellant applying for the stay of operation of an order or any term of the order must give notice to the applicant for the intervention order and any person required to be notified under subsection (4).

    (7)     In staying the operation of the order or any term of the order the court may impose bail conditions on the appellant as though the appellant were an accused person being released from custody on bail.

    (8)     The County Court or the Supreme Court (as the case requires) must proceed to re-hear the case upon appeal and may confirm, reverse or vary the decision or order of the court and make any other order that the court could have made and exercise any other powers that the court might have exercised.

    (9)         The provisions of the Magistrates' Court Act 1989 or the Children, Youth and Families Act 2005 (as the case requires) so far as applicable and with any necessary modifications and adaptations extend and apply to appeals under this section.



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