Victorian Current Acts

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

    (1)     The Director of Public Prosecutions may apply to the court for an order that notice under section 38C to a family member or victim under the age of 18 years be given to a person other than a parent or guardian if—

        (a)     the Director of Public Prosecutions considers that the parents or guardians may not be acting in the best interests of the family member or victim; or

        (b)     the only parents or guardians are persons who are liable to supervision or subject to a supervision order; or

        (c)     there are no parents or guardians or their identity or whereabouts cannot, after reasonable enquiry, be ascertained.

    (2)     On an application under subsection (1), the court may order that notice under section 38C be given to a person named in the order on behalf of the family member or victim instead of to the parent or guardian.

S. 38E inserted by No. 7/2002 s. 17.