New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 85

85 Presumption against stay of order

(1) The lodging of a notice of appeal under section 84 does not have the effect of staying the operation of the order concerned.

(2) The original court may, on application by the defendant, stay the operation of the order, if satisfied that it is safe to do so, having regard to the need to ensure the safety and protection of the protected person or any other person.

(3) A stay on the operation of the order continues until the appeal is finally determined, subject to any order or direction of the District Court.

(4) This section has effect despite section 84 of this Act and section 63 of the Crimes (Appeal and Review) Act 2001 .

(5) A stay on the operation of the order does not have effect if the appellant is in custody when the appeal is made, unless and until the appellant is entitled to be released on bail under section 14 of the Bail Act 2013 or bail is dispensed with under that Act. In the application of the Bail Act 2013 to the appellant, the appellant is taken to be an accused person who, because of the prohibitions and restrictions imposed by the order, is in custody.

(6) In this section--

"original court" , in relation to an order, means--

(a) the Local Court, if the order was made by the Local Court or a Registrar of the Local Court, or

(b) the Children's Court, if the order was made by the Children's Court or the Registrar of the Children's Court.