Victorian Numbered Acts

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DISABILITY ACT 2006 (NO 23 OF 2006) - SECT 165

Appeals regarding revocation of extended leave

    (1)     A person may appeal to the Court of Appeal against a revocation of the extended leave granted to the person under section 162.

    (2)     The Secretary may appeal to the Court of Appeal against a refusal to revoke extended leave granted under section 162 if the Secretary considers that—

        (a)     the extended leave should have been revoked; and

        (b)     an appeal should be brought in the public interest.

    (3)     The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal against a refusal to revoke extended leave granted under section 162 if he or she—

        (a)     was a party to the proceeding for revocation of extended leave; and

        (b)     considers that the extended leave should have been revoked; and

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

    (4)     On an appeal against a revocation of extended leave, the Court of Appeal may—

        (a)     confirm the revocation of extended leave; or

        (b)     quash the revocation and restore the extended leave; or

        (c)     remit the matter, with or without directions, to the court that revoked the leave.

    (5)     On an appeal against a refusal to revoke extended leave, the Court of Appeal may—

        (a)     confirm the refusal to revoke extended leave; or

        (b)     revoke the extended leave in accordance with section 164(4)(a); or

        (c)     revoke the extended leave and remit the matter, with or without directions, to the court that made the grant.

    (6)     If the Court of Appeal remits a matter to a court under sub-section (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.



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