Western Australian Consolidated Acts Western Australian Consolidated Acts [(1)-(3) deleted]
(4) Subject to this
Act, where the Court, when constituted by or so as to 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 an
appeal may be made to the Court of Appeal against the finding, order or other
decision 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.
(5) An appeal under
subsection (4) must be commenced and conducted in accordance with rules
of court made by the Supreme Court.
(6) An appeal under
subsection (4) cannot be commenced later than 21 days after the date
of the judge’s finding, order or other decision unless the Court of
Appeal orders otherwise.
(7) The leave of the
Court of Appeal is required for each ground of appeal in an appeal under
subsection (4).
(8) In an appeal under
subsection (4), the Court of Appeal —
(a) may
affirm, vary or set aside the judge’s finding, order or other decision;
(b) may
make any finding, order or other decision that the judge could have made;
(c) if
it sets aside the judge’s finding, order or other decision, may order
the application concerned be dealt with again.
[Section 43 amended by No. 15 of 1991
s. 19; No. 31 of 1993 s. 32; No. 104 of 1994 s. 230;
No. 57 of 1997 s. 31; No. 34 of 2004 s. 251; No. 45 of
2004 s. 29; No. 59 of 2004 s. 73; No. 84 of 2004 s. 17.]
[Part 6 (s. 44-50) deleted by No. 53 of 2000 s. 3.]