CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MP   Appeals and adjournments  

(1)  
This section applies if, in proceedings before a court (the original court ):


(a) the original court gives, or refuses, leave under section 15MI or 15MM in relation to a witness identity protection certificate for an operative; or


(b) the original court makes, or refuses to make, an order under section 15MK or 15MM in relation to a witness identity protection certificate for an operative.

(2)  
A court (the appeal court ) that has jurisdiction to hear and determine appeals from a judgment, order or direction in the proceedings has jurisdiction to hear and determine an appeal against the decision to give or refuse leave, or to make or refuse to make the order.

(3)  
The following persons may appeal against the decision to give or refuse leave, or to make or refuse to make the order:


(a) a party to the proceedings;


(b) if the appeal court is satisfied that the operative to whom the certificate relates or the chief officer who gave the certificate has a sufficient interest in the decision - the operative or the chief officer.

(4)  
If a party to the proceedings appeals against the decision to give or refuse leave, or to make or refuse to make the order, the appeal court may allow the operative to whom the certificate relates, or the chief officer who gave the certificate, to join the appeal as a respondent, if the appeal court is satisfied that the operative or chief officer has a sufficient interest in the decision.

(5)  
A party to the proceedings, the operative to whom the certificate relates or the chief officer who gave the certificate may apply to the original court for an adjournment:


(a) to appeal against the decision of the original court to give or refuse leave, or to make or refuse to make the order; or


(b) to decide whether to appeal or seek leave to appeal against the decision.

(6)  
If an application is made under subsection (5), the original court must grant the adjournment.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.