District Court (Mandatory Testing Infectious Diseases) Appeal Rules 2016 (WA)

Western Australia District Court of Western Australia Act 1969 District Court (Mandatory Testing Infectious Diseases) Appeal Rules 2016 Western Australia District Court (Mandatory Testing Infectious Diseases) Appeal Rules 2016 Contents 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Non-application of District Court Rules 2005 Part 6 1 5. Nature of appeal 2 6. Commencement of appeal 2 7. Giving notice of appeal 2 8. Filing notice of appeal 3 9. Notice of appeal outside business hours 3 10. Hearing of appeal 4 11. No fees 4 12. No costs 4 Notes Compilation table 5 Defined terms District Court of Western Australia Act 1969 District Court (Mandatory Testing Infectious Diseases) Appeal Rules 2016

1. Citation These rules are the District Court (Mandatory Testing Infectious Diseases) Appeal Rules 2016.

2. Commencement These rules come into operation as follows — (a) rules 1 and 2 — on the day on which these rules are published in the Gazette; (b) the rest of the rules — on the day after that day.

3. Terms used (1) In these rules, unless the contrary intention appears — Act means the Mandatory Testing (Infectious Diseases) Act 2014; approved form means a form approved by the Court; disease test order appeal means an appeal under Part 3 Division 5 of the Act. (2) Unless the contrary intention appears, a term used in these rules has the same meaning as it has in the District Court Rules 2005.

4. Non-application of District Court Rules 2005 Part 6 The District Court Rules 2005 Part 6 does not apply to a disease test order appeal.

5. Nature of appeal (1) In this rule — primary court, in relation to a disease test order appeal, means the court that made the relevant disease test order as defined in section 15 of the Act. (2) A disease test order appeal must be by way of a reconsideration of the evidence that was before the primary court unless the parties agree otherwise. (3) At the hearing of the appeal a party must not adduce evidence that was not adduced in the primary court except with the leave of the Court. (4) The Court is not to grant such leave unless satisfied there are special grounds for doing so.