Victorian Current Acts

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

    (1)     The author of a report must, within the period referred to in section 38ZU, send a copy of the report to—

        (a)     the child who is the subject of the report; and

        (b)     the legal practitioners representing the child; and

        (c)     any other person whom the court has ordered is to receive a copy of the report.

    (2)     The author of a report is not required to send copies of the report in accordance with subsection (1)(a) or (c) if—

        (a)     he or she is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child; or

        (b)     the child notifies him or her that the child objects to the forwarding of copies of the report.

    (3)     If because of subsection (2) the author of a report is not required to send a copy of the report to a person, the author may send to that person a copy of part of the report.

    (4)     If because of subsection (2) the author of a report does not send copies of the report in accordance with subsection (1)(a) or (c)—

        (a)     the author must inform the registrar referred to in section 38ZU(a), the prothonotary of the Supreme Court or the registrar of the County Court (as the case requires) of that fact; and

        (b)     the Children's Court, the Trial Division of the Supreme Court or the County Court (as the case requires) may by order direct the registrar or prothonotary to forward a copy of the report, or a specified part of the report, together with a copy of the order, to a person named or described in the order as soon as possible and before the hearing.

S. 38ZW
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).