QLDIn ForceAct
Public Health Act 2005
sec.358Appeal
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### sec.358 Appeal
An emergency officer (medical) or the chief executive may appeal to the District Court against the refusal of a magistrate to extend the detention order.
On the filing of an appeal, the decision of the magistrate is stayed and the detention order continues.
The District Court—
must hear and decide the appeal without delay; and
may either—
extend the detention order; or
confirm the decision appealed against and dismiss the appeal; and
may make the other orders the court considers appropriate.
(sec.358-ssec.1) An emergency officer (medical) or the chief executive may appeal to the District Court against the refusal of a magistrate to extend the detention order.
(sec.358-ssec.2) On the filing of an appeal, the decision of the magistrate is stayed and the detention order continues.
(sec.358-ssec.3) The District Court— must hear and decide the appeal without delay; and may either— extend the detention order; or confirm the decision appealed against and dismiss the appeal; and may make the other orders the court considers appropriate.
- (a) must hear and decide the appeal without delay; and
- (b) may either— (i) extend the detention order; or (ii) confirm the decision appealed against and dismiss the appeal; and
- (i) extend the detention order; or
- (ii) confirm the decision appealed against and dismiss the appeal; and
- (c) may make the other orders the court considers appropriate.
- (i) extend the detention order; or
- (ii) confirm the decision appealed against and dismiss the appeal; and