Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 562

S. 562(1) amended by No. 61/2014 s. 126.

    (1)     If the Court orders an additional report from the Secretary to the Department of Justice, the Secretary to the Department of Justice must not less than 3 working days before the hearing forward the report to the proper venue of the Court.

    (2)     If the Secretary to the Department of Justice is of the opinion that information contained in the report will be or may be prejudicial to the physical or mental health of the child or a parent of the child, the Secretary to the Department of Justice may forward a statement to the Court to that effect with the report.

    (3)     Subject to subsection (4), the Court must release a copy of the report to each of the following—

        (a)     the child who is the subject of the report; and

        (b)     that child's parent; and

        (c)     the Secretary; and

        (d)     the legal practitioners representing that child; and

        (e)     the legal practitioners representing that child's parent; and

        (f)     the legal representative of the Secretary or an employee authorised by the Secretary to appear in proceedings before the Family Division; and

        (g)     a party to the proceeding; and

        (h)     any other person specified by the Court.

    (4)     Despite subsection (3), if after having regard to the views of the parties to the proceedings, and any statement of the Secretary to the Department of Justice under subsection (2)—

        (a)     in the case of the release of the report to the Secretary, the Court is satisfied that the release of the report or a particular part of the report to the Secretary may cause significant psychological harm to the child, the Court may—

              (i)     refuse to release the report or part of the report to the Secretary; or

              (ii)     determine a later time for the release of the report or part of the report to the Secretary; or

              (iii)     release the report to the Secretary;

        (b)     in the case of the release of the report to any other person, the Court is satisfied that the release of the report or a particular part of the report to the person will be prejudicial to the development or mental health of the child, the physical or mental health of the parent or the physical or mental health of that person or any other party, the Court may—

              (i)     refuse to release the report or part of the report to the person; or

              (ii)     determine a later time for the release of the report or part of the report to the person; or

              (iii)     release the report to the person.

    (5)     The Court may impose conditions in respect of the release of a report under this section.

Division 4—Therapeutic treatment application reports