Victorian Current Acts Victorian Current ActsSchedule 2––Provisions with respect to the procedure of the Panel
1 Constitution of Panel for hearings
(1) For the purposes of a hearing, the Panel is to be constituted by—
(a) a judicial member, being—
(i) a Supreme Court judge in the case of an applicant for leave whose supervision order was made by the Supreme Court; or
(ii) a County Court judge in the case of an applicant for leave whose supervision order was made by the County Court—
who is to be chairperson of the Panel for that hearing; and
(b) a member appointed to the Panel to represent the views and opinions of members of the community; and
(c) if the applicant for leave is a forensic patient—
(i) the chief psychiatrist or his or her nominee; and
(ii) a member of the Panel who is a registered medical practitioner with experience in forensic psychiatry; and
(d) if the applicant for leave is a forensic resident, a member of the Panel who is a registered psychologist with experience in the field of intellectual disabilities and with forensic experience.
(2) The member of the Panel referred to in subclause (1)(c) or (d) must not be a person who is primarily responsible for the treatment or care of the applicant for leave.
(3) The members to constitute the Panel for a hearing are to be selected by the President.
2 Procedure of the Panel
(1) Unless clause 3 applies, a matter arising for determination by the Panel in a hearing is to be determined by the opinions of a majority of the members constituting the Panel for the purposes of that hearing, but if the Panel is evenly divided, the matter is to be determined by the opinion of the chairperson.
(2) An act or decision of the Panel is not invalidated only because—
(a) of a defect or irregularity—
(i) in the appointment of a member; or
(ii) in the selection of a member for a particular hearing; or
(b) in the case of an acting member, the occasion for acting had not arisen or had ceased.
(3) Subject to this Act, the procedure of the Panel is in its discretion.
3 Determination of questions of law
(1) A question of law that arises in proceedings before the Panel is to be decided by the chairperson.
(2) The Panel, of its own motion or at the request of a party, may refer a question of law arising in a proceeding before it to the Court of Appeal for decision.
(3) A question of law may be referred under subclause (2) only if the chairperson of the Panel agrees to the referral.
(4) If a question of law is referred under subclause (2), the Panel must not, in the proceeding—
(a) give a decision to which the question is relevant while the referral is pending; or
(b) proceed in a manner or make a decision that is inconsistent with the opinion of the Court of Appeal.
4 Directions as to arrangement of business and procedure
The President, after consultation with the other members of the Panel, may give directions as to—
(a) the arrangement of the business of the Panel; and
(b) the procedure of the Panel.
5 Sittings of the Panel
(1) The Panel is to sit—
(a) at such times as the President determines; and
(b) at the place where the applicant for leave is detained, unless the President determines otherwise.
(2) The President may determine that there is to be a special sitting of the Panel in the case of an emergency.
6 Powers of Panel
The Panel has power to—
(a) order that any person who in the opinion of the Panel ought to be a party in any proceedings be added as a party or substituted for a party; and
(b) order that any person who in the opinion of the Panel is not a proper or a necessary party in any proceedings cease to be a party; and
(c) adjourn the hearing of any proceedings—
(i) to any time and place; and
(ii) for any purpose; and
(iii) on any terms as to costs or otherwise—
as the Panel considers necessary or just in the circumstances; and
(d) reserve its decision in any proceedings to a date to be advised by the Panel; and
(e) make an order that operates at a date after the making of the order as is specified in the order.
7 Reasons to be signed
(1) Written reasons for determinations of the Panel (if requested under section 66) must be signed by the members constituting the Panel that made the determination.
(2) If one or more members of the Panel are unavailable for the purpose of signing the reasons, it is sufficient if one of the members signs the reasons.
(3) The production in any proceedings of a document purporting to be a copy of reasons for a determination made by the Panel and purporting to be signed by a member or members of the Panel is conclusive evidence of the reasons for the determination and of the due making and existence of the determination.
8 Power to amend determination
(1) The Panel may at any time make a determination correcting a determination made by it if there is in the determination—
(a) a clerical mistake or an error arising from any accidental slip or omission; or
(b) any evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the determination.
(2) A determination under subclause (1) may be
made on the application of any person or on the Panel's own initiative.