Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 117

Appeal to Supreme Court on a question of law

117. Appeal to Supreme Court on a question of law



(1) A party to a proceeding before the Family Division or the
Attorney-General, if he or she appeared or was represented in the proceeding
under section 82(2), may appeal to the Supreme Court, on a question of law,
from a final order of the Court in that proceeding.

(1A) The person or persons named in an application for a permanent care order
as suitable to have custody and guardianship of a child must, for the purposes
of this section, be taken to be a party to the proceeding for the
permanent care order.

(2) If a protective intervener wishes to appeal under this section, the appeal
must be brought by the Secretary on behalf of the protective intervener.

(3) An appeal under sub-section (1)-

   (a)  must be instituted not later than 30 days after the day on which the
        order complained of was made; and

   (b)  does not operate as a stay of any order made by the Court unless the
        Supreme Court so orders.

(4) Subject to sub-section (3), an appeal under sub-section (1) must be
brought in accordance with the rules of the Supreme Court.

(5) An appeal instituted after the end of the period referred to in
sub-section (3)(a) is deemed to be an application for leave to appeal under
sub-section (1).

(6) The Supreme Court may grant leave under sub-section (5) and the appellant
may proceed with the appeal if the Supreme Court-

   (a)  is of the opinion that the failure to institute the appeal within the
        period referred to in sub-section (3)(a) was due to exceptional
        circumstances; and

   (b)  is satisfied that the case of any other party to the appeal would not
        be materially prejudiced because of the delay.

(7) After hearing and determining the appeal, the Supreme Court may make such
order as it thinks appropriate, including an order remitting the case for
re-hearing to the Court with or without any direction in law.

(8) An order made by the Supreme Court on an appeal under sub-section (1),
other than an order remitting the case for re-hearing to the Court, may be
enforced as an order of the Supreme Court.

(9) The Supreme Court may, as it thinks fit, provide for a stay of the order
or may make any interim accommodation order pending the hearing of the appeal
that the Children's Court has jurisdiction to make.