Victorian Current Acts

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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 45

Admissibility of report

    (1)     The court may rule as inadmissible the whole or any part of a report under section 42.

    (2)     A report under section 42 is not admissible in any civil or criminal proceeding, other than the proceeding in relation to which it was made, except—

        (a)     a proceeding for an offence against section 314(1) of the Crimes Act 1958 (perjury) or for any other offence that involves an interference with the due administration of justice; or

        (b)     with the consent of the person who made the report.

    (3)     A court, tribunal or person acting judicially may rule as admissible in a proceeding before them any matter inadmissible because of subsection (2) if satisfied, on the application of a party to the proceeding, that it is in the interests of justice to do so.



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