Victorian Current Acts Victorian Current ActsS. 36(1) substituted by No. 7/2002 s. 15(1).
(1) Unless subsection (4) applies, a person has the right to appear before the court in person at any hearing in which the court is considering—
(a) making, varying or revoking a supervision order in respect of the person; or
(b) granting extended leave to the person; or
(c) revoking a grant of extended leave to the person.
(2) If the person decides not to appear before the court, the court must satisfy itself that they have been informed of their right to appear.
(3) The person may be legally represented at any hearing referred to in subsection (1).
S. 36(4) amended by No. 68/2009 s. 97(Sch. item 39.35).
(4) If the court is satisfied that the attendance of the person before the court would be detrimental to the person's health, the court may order that the person not attend the hearing.
(5) If the person is in custody, the court may order the person in charge of the place in which they are in custody to cause them to be brought before the court for the purposes of the hearing.
S. 36(6) amended by No. 68/2009 s. 97(Sch. item 39.36).
(6) Section 197 of the Criminal Procedure Act 2009 (Order for legal representation for accused) applies to a hearing referred to in subsection (1) as if the hearing were a criminal trial.
S. 36(7) amended by No. 69/2009 s. 54(Sch. Pt 2 item 17).
(7) Nothing in Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 applies to a hearing referred to in subsection (1).