Appeals
22 Appeals
A person listed in column 3 of the Table opposite a decision in column 2 of the Table may appeal against the decision in accordance with this section.
Table
Item | Decision | Person |
|---|---|---|
1. | a decision under section 13 to make an offender reporting order | the offender |
2. | a decision under section 13 not to make an offender reporting order | the prosecution or Commissioner |
3. | a decision under section 14B to make a juvenile offender reporting order | the offender |
4. | a decision under section 14B not to make a juvenile offender reporting order | the prosecution or Commissioner |
5. | a decision under section 14C to revoke a juvenile offender reporting order | the Commissioner |
6. | a decision under section 14E to make a juvenile offender exemption order | the Commissioner |
7. | a decision under section 15A to make a past offender reporting order | the offender |
8. | a decision under section 18(b) to dismiss a relevant application | the relevant applicant |
If the decision was made by the Magistrates Court, the appeal is to be made to a single judge of the Supreme Court in accordance with the Criminal Appeals Act 2004 Part 2 Division 2.
If the decision was made by the District Court, the appeal is to be made to the Court of Appeal in accordance with the District Court of Western Australia Act 1969 section 79(1)(a).
If the decision was made by the Children’s Court when constituted so as not to consist of or include a judge, the appeal is to be made as if the decision were a decision to which the Children’s Court of Western Australia Act 1988 section 41 applied.
If the decision was made by the Children’s Court when constituted so as to consist of or include a judge, the appeal is to be made as if the decision were a decision to which the Children’s Court of Western Australia Act 1988 section 43 applied.
If the decision was made by the Supreme Court, the appeal is to be made to the Court of Appeal and the Court of Appeal has jurisdiction to hear and determine the appeal.
Note for this section:
Decisions under section 14B, 14C or 14E made by the Children’s Court when constituted so as not to consist of or include a judge are reviewable under the Children’s Court of Western Australia Act 1988 section 40A.
[Section 22 amended: No. 5 of 2008 s. 127(2); No. 54 of 2012 s. 11; No. 35 of 2024 s. 12 and 84.]
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