239Appeal against temporary assessment order

239 Appeal against temporary assessment order

(1) If the Court makes a temporary assessment order in respect of a child or dismisses an application for a temporary assessment order in respect of a child, then—

(c) the Secretary—

may appeal to the Supreme Court against the order or the dismissal.

(2) If the Court makes an order dismissing an application by the Secretary for leave for the hearing of an application for a temporary assessment order in respect of a child without giving notice under section 228, the Secretary may appeal to the Supreme Court against that order.

(3) On an appeal under this section against a temporary assessment order, the Supreme Court must—

(a) if it thinks that a different temporary assessment order should have been made—

(i) set aside the order of the Children's Court; and

(ii) make any other order that it thinks ought to have been made; or

(b) if it thinks that a temporary assessment order should not have been made, set aside the order of the Children's Court; or

(c) in any other case, dismiss the appeal.

(4) On an appeal under this section against the dismissal of an application for a temporary assessment order, the Supreme Court must—

(a) if it thinks that the application should not have been dismissed, make the order that it thinks ought to have been made; or

Division 2—Action by protective intervener