Western Australian Current Acts Western Australian Current Acts (1) A party to an
application for an order under section 170(1) may appeal to the Supreme Court,
on a question of law, from a final order made in that proceeding transferring,
or refusing to transfer, a child protection proceeding to a participating
State.
(2) An appeal under
subsection (1) —
(a) must
be instituted, and (except where instituted by the CEO) written notice of it
must be given to the CEO, within 10 working days after the day on which the
order appealed from was made; and
(b)
operates as a stay of the order but not of any interim order made at the same
time as the order.
(3) The Supreme Court
cannot extend the time fixed by subsection (2)(a).
(4) Subject to
subsections (2) and (3), an appeal under subsection (1) must be brought in
accordance with the rules of the Supreme Court.
(5) The Supreme Court
must hear and determine the appeal as expeditiously as possible.
(6) On determining the
appeal, the Supreme Court may make such order as it thinks appropriate,
including an order remitting the case for rehearing to the Children’s
Court with or without any direction in law.
(7) An order made by
the Supreme Court on an appeal under subsection (1), other than an order
remitting the case for rehearing to the Children’s Court, may be
enforced as an order of the Supreme Court.
(8) The Supreme Court
may —
(a) if
an interim order was made at the same time as the order appealed from, make an
order —
(i)
staying the operation of the interim order; or
(ii)
varying or revoking the interim order; or
(iii)
extending the period of the interim order;
and
(b) make
any interim order pending the determination of the appeal that the
Children’s Court can make under section 133.