Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 570

Access to therapeutic treatment (placement) report

    (1)     If the Court orders the Secretary to prepare a therapeutic treatment (placement) report, the Secretary must, subject to subsection (2), cause a copy of a therapeutic treatment (placement) report to be given before the hearing of the proceeding to each of the following—

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

        (b)     that child's parent;

        (c)     the legal practitioners representing that child;

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

        (e)     a party to the proceeding;

        (f)     any other person specified by the Court.

    (2)     The Court may by order restrict access to the whole of a therapeutic treatment (placement) report, or a part of the report specified in the order, by a person mentioned in subsection (1)(a), (1)(b), (1)(e) or (1)(f) and specified in the order, if the Court is satisfied that information in the report, or the part of the report, may be prejudicial to the physical or mental health of the child or a parent of the child.

    (3)     An application for an order under subsection (2) may be made by—

        (a)     the Secretary; or

        (b)     a party to the proceeding; or

        (c)     a person mentioned in subsection (1); or

        (d)     with the leave of the Court, any other person—

and must be made not less than 2 working days before the hearing of the proceeding.

    (4)     If the Court makes an order under subsection (2), it must cause a copy of the order to be served on the persons mentioned in subsection (1).

    (5)     A person who receives a copy of a therapeutic treatment (placement) report or of part of a therapeutic treatment (placement) report under this section (part or all of which was not given to the child who is the subject of the report or to that child's parent on account of an order made under subsection (2)) must not, unless otherwise directed by the Court, disclose to that child or parent any information contained in the report or the part of it (as the case requires) that was not given to that child or parent.

Penalty:     10 penalty units.

Division 6—Pre-sentence reports



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