Victorian Current Acts Victorian Current ActsS. 38ZJ(1)
amended by Nos 3/2016 s. 105, 1/2022
s. 86.
(1) A child in respect of whom a supervision order is made may appeal to the County Court or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against the supervision order.
S. 38ZJ(2) amended by Nos 15/2015 s. 37(12)(a), 3/2016 s. 105, 1/2022 s. 86.
(2) The Director of Public Prosecutions, the Attorney‑General or the Secretary to the Department of Health and Human Services may appeal to the County Court or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court or, if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against a supervision order if he or she considers that—
(a) a different supervision order should have been made; and
(b) an appeal should be brought in the public interest.
(3) An appeal under this section is commenced by filing a notice of appeal with a registrar of the Children's Court at any venue of the Children's Court within 28 days after the day on which the order is made.
(4) If the appeal is commenced by a child in respect of whom a supervision order is made, a copy of the notice of appeal must be served on the respondent in accordance with section 392 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice is filed.
S. 38ZJ(5) amended by No. 15/2015 s. 37(12)(b).
(5) If the appeal is commenced by the Secretary to the Department of Health and Human Services, the Director of Public Prosecutions or the Attorney‑General—
(a) the notice of appeal must be signed by that person personally; and
(b) a copy of the notice of appeal must be served personally on the child in accordance with section 391 of the Criminal Procedure Act 2009 within 7 days after the day on which the notice is filed; and
(c) that person must provide a copy of the notice of appeal to the legal practitioner who last represented the child in the proceeding when the supervision order was made, if that legal practitioner can reasonably be identified.
(6) A notice of appeal must be in the form prescribed by the rules of the appellate court.
(7) The Children's Court must transmit a notice of appeal filed under this section to the appellate court.
(8) On an appeal under this section, the appellate court may—
(a) confirm the supervision order; or
(b) set aside the supervision order and make another supervision order in substitution for it; or
(c) set aside the supervision order and remit the matter, with or without directions, to the Children's Court; or
(d) set aside the supervision order and order the child who was subject to the supervision order to be released unconditionally.
(9) If the appellate court remits a matter to the Children's Court under subsection (8)(c), the Children's Court must make another supervision order in accordance with this Act and any directions given by the appellate court.
(10) The appellate court may make any one or more of the following orders pending the making of a supervision order in respect of a child under this section—
(a) an order granting the child bail;
(b) an order remanding the child in custody;
(c) if it is of the opinion that it is in the interests of justice to do so, an order—
(i) that the child undergo an examination by a registered medical practitioner or registered psychologist; and
(ii) that the results of the examination be put before the court that is to make the supervision order;
(d) any other order the court thinks appropriate.
S.
38ZK
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014
s. 48).