Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 520E

Sentencing procedure in Neighbourhood Justice Division

S. 520E(1) amended by No. 68/2009 s. 75(b).

    (1)     This section applies to the Neighbourhood Justice Division when it is considering which sentence to impose in respect of a child.

    (2)     Despite anything to the contrary in this Act, the Neighbourhood Justice 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 Neighbourhood Justice officer; or

        (b)     a youth justice officer; or

        (c)     a health service provider; or

        (d)     a community service provider; or

        (e)     a victim of the offence; or

        (f)     a family member of the child; or

        (g)     anyone else whom the Division considers appropriate.

    (3)     Nothing in this section affects the requirement to observe the rules of natural justice.

    (4)     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.

    (5)     Nothing in section 358 operates to limit this section.

S. 520E(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 7.6).

    (6)     To avoid doubt, Part 3.10 of the Evidence Act   2008 does not apply to the Neighbourhood Justice Division in considering the sentence to impose on an offender under this section, unless the Neighbourhood Justice Division directs, in accordance with section 4(2) of the Evidence Act 2008 , that that Act applies.



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