47. Consideration of appeal against third party exclusion order or third party visit limit

On receipt of a notice of appeal against a third party exclusion order or a third party visit limit, the Council must —

call for the record of proceedings and the grounds of decision relating to that third party exclusion order or third party visit limit; and

review the third party exclusion order or third party visit limit as soon as practicable.

The Council may, in the course of considering the appeal —

seek advice on any matter arising out of the appeal;

require the third party respondent or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the appeal; or

allow the third party respondent reasonable opportunity to make any further written representation.

During the consideration of the appeal, the third party respondent may not raise or rely on any ground of appeal which is not stated in the notice of appeal, unless the third party respondent has permission from the Council to amend the notice of appeal to include that ground.

After considering all the circumstances of the appeal, the Council may —

confirm any third party exclusion order or third party visit limit appealed against;

vary the terms of any third party exclusion order or third party visit limit appealed against;

revoke any third party exclusion order or third party visit limit appealed against;

substitute (under section 166A(2)(c) of the Act) any third party exclusion order appealed against with a third party visit limit; or

substitute (under section 166A(2)(d) of the Act) any third party visit limit appealed against with a third party exclusion order.

On receipt of a notice of appeal against a third party exclusion order or a third party visit limit, the Council must —

call for the record of proceedings and the grounds of decision relating to that third party exclusion order or third party visit limit; and

review the third party exclusion order or third party visit limit as soon as practicable.

The Council may, in the course of considering the appeal —

seek advice on any matter arising out of the appeal;

require the third party respondent or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the appeal; or

allow the third party respondent reasonable opportunity to make any further written representation.

During the consideration of the appeal, the third party respondent may not raise or rely on any ground of appeal which is not stated in the notice of appeal, unless the third party respondent has permission from the Council to amend the notice of appeal to include that ground.

After considering all the circumstances of the appeal, the Council may —

confirm any third party exclusion order or third party visit limit appealed against;

vary the terms of any third party exclusion order or third party visit limit appealed against;

revoke any third party exclusion order or third party visit limit appealed against;

substitute (under section 166A(2)(c) of the Act) any third party exclusion order appealed against with a third party visit limit; or

substitute (under section 166A(2)(d) of the Act) any third party visit limit appealed against with a third party exclusion order.