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Care and Protection of Children Act 2007
194Local Court may review decision of Authority
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194 Local Court may review decision of Authority
(1) Any of the following decisions about a clearance notice may be
reviewed under this section:
(a) a decision under section 189(1) or (4) not to issue the notice;
(b) a decision under section 192(2) to revoke the notice;
(c) a decision under section 193(2) to specify conditions for the
notice;
(d) any other decision of the Authority about the notice specified
by regulation.
(2) An application for the review may be made by any of the following
persons:
(a) for a decision mentioned in subsection (1)(a) – the candidate
or the applicant for the notice;
(b) for any other decision – the person holding, or the applicant
for, the notice.
(3) The application must be made to the Local Court within 28 working
days after the person is notified of the decision.
(4) The application does not affect the operation or implementation of
the decision.
(5) However, the Local Court may make another decision staying or
otherwise affecting the operation or implementation of so much of
the decision as it considers appropriate to effectively decide the
application.
(6) A decision made under subsection (5):
(a) is subject to the conditions specified by the Local Court; and
(b) has effect:
(i) for the period specified by the Local Court; and
(ii) if no period is specified by the Local Court – until the
application is decided.
(7) The review:
(b) is not limited by the material before the Authority.
Care and Protection of Children Act 2007 123
(8) The Local Court may:
(d) set aside the decision and replace it by the Local Court's
decision.
(9) The Local Court may make any order about costs.