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Contents

Part 7 · Reconsideration and Appeals

61. Part 5 direction — eligibility to appeal

(1)

The following persons are eligible to appeal under section 63(1) to the Chairperson of the Appeal Panel against the Commissioner’s reconsidered decision made under section 59(1) in relation to a report made under section 23(1):

(a)

the person eligible to make a report under section 22(1) or (3) (as the case may be) who made the report (called in this section the relevant person), or the victim on whose behalf the report was made by a person eligible to do so under section 22(2);

(b)

where the relevant person or victim mentioned in paragraph (a) is below 18 years of age, the relevant person’s or the victim’s parent or guardian;

(c)

the person of a prescribed description mentioned in section 22(2)(b) who made the report under section 23(1);

(d)

a person (including a public agency) whom or which the Commissioner is satisfied has obtained the written authorisation or written consent to appeal on behalf of the relevant person or victim mentioned in paragraph (a);

(e)

the recipient of a Part 5 direction that was affirmed, given, varied, or substituted for another Part 5 direction, under section 59(1);

(f)

a person affected by a Part 5 direction that was affirmed, given, varied, or substituted for another Part 5 direction, under section 59(1), of such description as may be prescribed, and different descriptions of persons may be prescribed in relation to each type of Part 5 direction given by the Commissioner.

(2)

Where on an appeal made under section 63(1), the Appeal Committee gives, varies or substitutes one Part 5 direction for another under section 64(2), the following persons are eligible to appeal under section 63(2) against the resulting Part 5 direction:

(a)

the recipient of the resulting Part 5 direction;

(b)

any person affected by the resulting Part 5 direction, of such description as may be prescribed, and different descriptions of persons may be prescribed in relation to each type of resulting Part 5 direction.

Report

Part 8

Offences and Enforcement

Part 9

General and Miscellaneous

Part 10

Online Harmful Activities — Torts

Part 11

Administrators — Duties and Torts

Part 12

Online Service Providers — Duties and Torts

Part 13

Damages and Remedies

Part 14

Jurisdictional, Procedural and Miscellaneous Matters

Part 15

Amendments to Other Acts

Schedules