Northern Territory Consolidated Acts

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Appeal against disease test order by affected member

    (1)     If a court decides not to make a disease test order under section 147FK, the following persons may appeal to the Supreme Court against the decision:

        (a)     an affected member named in the application for the order;

        (b)     a senior member if the senior member is satisfied that it is not feasible for the affected member to file the appeal without delay.

    (2)     Unless the Supreme Court otherwise orders, the appeal must be filed without delay.

    (3)     The Supreme Court must hear and decide the appeal:

        (a)     (unless it is impossible to do so) within 48 hours after the decision not to make a disease test order; and

        (b)     in the absence of the public; and

        (c)     (unless it is impossible to do so) without adjourning the appeal.

    (4)     The Supreme Court may allow or dismiss the appeal.

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