Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38B

    (1)     Notice of any court hearing under this Act in relation to a person who is subject to a supervision order must be given to—

        (a)     the Director of Public Prosecutions; and

        (b)     the Attorney-General; and

S. 38B(1)(c) substituted by No. 29/2010 s. 26(2), amended by No. 15/2015 s. 37(10).

        (c)     the Secretary to the Department of Health and Human Services; and

        (d)     the person having the custody, care, control or supervision of the person subject to the supervision order.

    (2)     The notice must be given—

        (a)     in the case of a major review or a review directed by a court under section 27(2), 32(5) or 33(2)—as directed by the court; or

        (b)     in any other case—by the applicant.

    (3)     The notice must be given at least 14 days (or such lesser period as the court directs) before the day of the hearing.

    (4)     This section does not apply so as to require an applicant to give notice to themselves.

S. 38C inserted by No. 7/2002 s. 17.