Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, where the Court, when constituted so as not to consist of or include a
judge, makes any finding, order, or other decision on the hearing of an
application under Part 4 or 5 of the Children and Community
Services Act 2004 the finding, order or decision may be the subject of an
appeal made in accordance with Part 2 of the Criminal Appeals
Act 2004 , as if it were a decision by a court of summary jurisdiction,
by —
(a) the
CEO as defined in section 3 of the Children and Community Services
Act 2004 ;
(b) the
parent or guardian of the child in relation to whom the application was made;
(c) the
child in relation to whom the application was made; or
(d) the
person by whom the application was made.
(2) Where a person has
appealed, or is entitled to appeal, under subsection (1), the person may,
on not less than 48 hours’ notice to the CEO as defined in
section 3 of the Children and Community Services Act 2004 (if that
CEO is not the applicant), apply to a judge for an order relating to the
placement of the child pending the final disposition of the proceedings and
the judge may make such order as in the circumstances seems appropriate having
regard primarily to the welfare of the child.
[Section 42 inserted by No. 33 of 1989
s. 18; amended by No. 31 of 1993 s. 32; No. 57 of 1997
s. 31; No. 34 of 2004 s. 251; No. 59 of 2004 s. 73;
No. 84 of 2004 s. 18.]