Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 76

    (1)     In this section—

S. 76(1) def. of hearing amended by No. 55/2014 s. 129.

"hearing" means—

        (a)     an investigation under Part 2 or Division 2 of Part 5A;

        (b)     a special hearing under Part 3 or Division 3 of Part 5A;

        (c)     a hearing referred to in section 36(1);

        (d)     a hearing of the Panel under Part 7.

    (2)     Evidence of anything said on a hearing, or of any document prepared solely for the purpose of a hearing, is not admissible in any civil or criminal proceeding except—

        (a)     a proceeding arising out of the hearing; or

        (b)     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

        (c)     with the consent of the person to whom the words or document principally refers or relates.

    (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.

S. 76A inserted by No. 7/2002 s. 31.