Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 122

Appeals

122. Appeals







(1) A person to whom a restriction order, isolation order or interim isolation
order under section 121 relates may at any time but not more than-

   (a)  in the case of an interim isolation order, once during the period of
        the order; or

   (b)  in the case of any other order, once during a period of 28 days-

apply to the Secretary for a review of the order.

(2) The Secretary must review the order and-

   (a)  revoke the order; or

   (b)  vary the order; or

   (c)  confirm the order-

within the period of 5 days after receiving the application for review.

(3) A person to whom an order relates may appeal to the Supreme Court against
an order made by the Secretary.



(4) An order against which an appeal has been lodged remains in force despite
the lodging of the appeal.

(5) The Court must hear and determine an appeal against an order urgently.

(6) When determining an appeal, the Court must consider the following matters-

   (a)  the method by which the disease is transmitted;

   (b)  the seriousness of the risk of other people being infected;

   (c)  the past behaviour and likely conduct of the person to whom the order
        relates;

   (d)  the extent of the restrictions imposed on the person to whom the order
        relates.

(7) Upon determining an appeal against an order, the Supreme Court may make an
order in substitution for the order made by the Secretary, being an order of a
kind that the Secretary may make under this section.

(8) If an appeal against an order has been determined but there has been a
change in circumstances, the person to whom the order relates may apply to the
Secretary under subsection (1) for a review of the order.





Division 4-Emergency powers