Although intervention orders are not criminal in nature, they are heard in the criminal division of the Magistrates Court [Uniform Special Statutory Rules 2022 (SA) r 6.1]. Intervention order appeals, however, are governed by Chapter 18 of the Uniform Civil Rules 2020 (SA) [Uniform Special Statutory Rules 2022 (SA) r 371.1].

A party to the original intervention order action in the criminal division of the Magistrates Court can appeal against the order [see Magistrates Court Act 1991 (SA) s 42]. That appeal lies to a single Judge of the Supreme Court of South Australia [s 42(2)(b)], and must be lodged within 21 calendar days of the date of the Magistrates Court judgment [Uniform Civil Rules 2020 (SA) Chapter 18].

Judicial opinion is divided as to whether permission is needed to appeal a decision to confirm an intervention order, due to the unresolved question of whether a final intervention order is interlocutory in nature [Magistrates Court Act 1991 (SA) s 42(1a)]. Both Groom v Police [No 3] [2013] SASC 93 at [32] and Thakur v Police [2016] SASC 75 at [26] support the view that permission is needed on the basis that a final intervention order may be subsequently varied or revoked and therefore is interlocutory rather than final in nature. However, in Teague v SL [2021] SASC 114 the Chief Justice stressed at [8] his Honour's firm view that a final intervention order is not interlocutory in nature because it conclusively determines circumstances in existence at the time of the judgment that warrant the making of the order. This view was deemed to have "considerable force" in both ID v Police [2022] SASC 89 at [32] and AB (A Pseudonym) v YZ (A Pseudonym) [2025] SASC 126 at [29], though both cases ultimately avoided answering the question.

A confirmed intervention order will remain in force until an appeal is determined.

As there are cost risks associated with an unsuccessful appeal, seek legal advice before commencing an appeal.

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