Victorian Current Acts Victorian Current ActsS. 520(1) amended by No. 68/2009 s. 74(c).
(1) This section applies to the Koori Court (Criminal Division) when it is considering which sentence to impose in respect of a child.
(2) The Koori Court (Criminal Division) may consider any oral statement made to it by an Aboriginal elder or respected person.
(3) The Koori Court (Criminal Division) may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(a) a Children's Koori Court officer; or
(b) a youth justice worker employed under Part 3 of the Public Administration Act 2004 ; or
(c) a health service provider; or
(d) a victim of the offence; or
(e) a family member of the child; or
(f) anyone else whom the Koori Court (Criminal Division) considers appropriate.
(4) Nothing in this section affects the requirement to observe the rules of natural justice.
(5) This section does not limit—
(a) any other power conferred on the Court by or under this or any other Act; or
(b) any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.
(6) Nothing in section 358 operates to limit this section.
S. 520(6A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 7.5).
(6A) To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court (Criminal Division) in considering the sentence to impose on an offender under this section, unless the Koori Court (Criminal Division) directs, in accordance with section 4(2) of the Evidence Act 2008 , that that Act applies.
(7) In this section "family member" has the same meaning as it has in section 517.
S. 520A inserted by No. 51/2006 s. 13.