84Review and appeal provisions concerning making etc of apprehended violence orders

#### 84 Review and appeal provisions concerning making etc of apprehended violence orders 84 Review and appeal provisions concerning making etc of apprehended violence orders > > (1) An application may be made under Part 2 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) by the defendant for the annulment of an apprehended violence order made by the Local Court or the Children’s Court in the same way as an application may be made under that Part by a defendant for the annulment of a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > (1A) A person who applied to the Local Court or the Children’s Court for an apprehended violence order may apply to the Court for the annulment of the dismissal of the application for the order by the Court, but only if the person was not in attendance before the Court when the application was dismissed. > > > (1B) The Local Court or the Children’s Court may grant an application for an annulment made under subsection (1A) if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. If such an application is granted, the Court may deal with the application for the apprehended violence order as if the application for the order had not been dismissed. > > > (2) An appeal may be made to the District Court— > > > > > (a) by the defendant against the making of an apprehended violence order by the Local Court or the Children’s Court, or > > > > > (a1) by the applicant for an apprehended violence order (or, if the applicant was a police officer, either the applicant or the person for whose protection the order would have been made) against the dismissal of the application by the Local Court or the Children’s Court, or > > > > > (b) by the applicant for an order or a defendant against the awarding of costs under section 99 of this Act, or > > > > > (c) by a party to an apprehended violence order against the variation or revocation of the order by the Local Court or the Children’s Court, or > > > > > (d) by a party to an apprehended violence order against a refusal by the Local Court or the Children’s Court to vary or revoke the order, or > > > > > (e) by a party to a non-local domestic violence order against the variation or revocation of the order by the Local Court or the Children’s Court or against a refusal by the Local Court or the Children’s Court to vary or revoke the order. > > > (3) An appeal under subsection (2)— > > > > > (a) may be made under Part 3 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) in the same way as an application may be made under that Part by a defendant against a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), and > > > > > (b) may be made only by leave of the District Court in the case of an appeal against the making of an apprehended violence order that was made with the consent of the defendant. > > > (4) The [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) applies to an application or appeal arising under this section with such modifications as are made by or in accordance with the regulations under that Act. > > > (5) For the purposes of this section and the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), an order made by a Registrar of a court is taken to have been made by the court. > > > (5A) Part 6 (Interim court orders) applies to proceedings with respect to an appeal to the District Court under subsection (2) in the same way as it applies to an application to the Local Court or the Children’s Court under Part 4 or 5. > > > (5B) If the District Court allows an appeal made under this section against the refusal to annul an apprehended violence order and remits the matter to the Local Court or the Children’s Court, the District Court must, unless the District Court is satisfied that it is not necessary to do so, make an interim court order under Part 6 as if an application for such an order had been duly made. > > > (6) In this section, party to an apprehended violence order means— > > > > > (a) the protected person (whether or not the applicant), but only if the protected person is of or above the age of 16 years, or > > > > > (b) if the applicant was a police officer, that or any other police officer, or > > > > > (c) the defendant. > > **s 84:** Am 2008 No 53, Sch 8 \[3\] \[4\]; 2009 No 4, Sch 2.1 \[1\]–\[3\]; 2009 No 56, Sch 1.9; 2009 No 106, Sch 4.11 \[1\] \[2\]; 2017 No 44, Sch 1.6 \[7\].