Western Australian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 35

35 .         Application for reinstatement of appeal

        (1)         Where an appeal is dismissed under section 34 in the absence of the appellant, the appellant may apply to the Court for an order reinstating the appeal.

        (1A)         Subsection (1) does not apply to an appeal from a decision under section 110ZND to consent or refuse consent to the performance of an abortion on a person.

        (2)         The Court shall make an order reinstating the appeal only if it is satisfied that there was reasonable cause for the failure of the applicant to appear at the hearing of the appeal or the application under section 34(1), as the case may be.

        (3)         Sections 25, 26 and 28 apply with all necessary changes —

            (a)         to an application for, or order of, reinstatement under this section; and

            (b)         upon the making of the application or order,

                as if they were respectively an application for leave to appeal and an order granting leave to appeal.

        [Section 35 amended: No. 20 of 2023 s. 39.]