Disability Act 2006

A person may appeal against a refusal to grant the person extended leave under section 162—

if the original court making the decision was the Magistrates' Court, to the County Court; or

if the original court making the decision was the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal; or

if the original court making the decision was the County Court or the Supreme Court, to the Court of Appeal with leave of the Court of Appeal.

The Authorised Program Officer, with the approval of the Secretary, may appeal to the Court of Appeal with leave of the Court of Appeal against a grant of extended leave if the Authorised Program Officer considers that—

extended leave should not have been granted; and

an appeal should be brought in the public interest.

The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal with leave of the Court of Appeal against a grant of extended leave if that person—

was a party to the proceeding in which extended leave was granted; and

considers that extended leave should not have been granted; and

considers that an appeal should be brought in the public interest.

On an appeal against a refusal to grant extended leave, the Court of Appeal may—

confirm the refusal to grant extended leave; or

grant extended leave in accordance with section 162; or

remit the matter, with or without directions, to the court that refused to grant extended leave.

On an appeal against a grant of extended leave, the Court of Appeal may—

confirm the grant of extended leave; or

quash the grant and order that extended leave be refused; or

quash the grant and remit the matter, with or without directions, to the court that made the grant.

If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal.