Youth Justice Act 2024

A party to a proceeding (other than a committal proceeding) in the Criminal Division of the Children's Court may appeal to the Supreme Court on a question of law from a final order of the Children's Court in that proceeding.

If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.

If an informant who is a police officer wishes to appeal under subsection (1), the appeal may be commenced only by the DPP on behalf of the informant.

An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of the Supreme Court within 28 days after the day on which the order complained of was made.

A copy of the notice of appeal must be served on the respondent in accordance with subsection (6) within 7 days after the day on which the notice of appeal was filed.

A copy of the notice of appeal must be served—

personally on a respondent who was the accused in accordance with section 391 of the Criminal Procedure Act 2009; or

on a respondent who was the informant in accordance with section 392 of the Criminal Procedure Act 2009.

An appeal under subsection (1) does not operate as a stay of any order made by the Children's Court unless the Supreme Court otherwise orders.