Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 575

Access to pre-sentence reports

S. 575(1) amended by No. 61/2014 s. 130.

    (1)     The author of a pre-sentence report must, at least 3 working days before the return date referred to in section 574, send a copy of the report to—

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

        (b)     the legal practitioners representing the child; and

        (c)     any other person whom the Court has ordered is to receive a copy of the report.

    (2)     The author of a pre-sentence report is not under subsection (1) required to send copies of the report in accordance with paragraph (a) or (c) of that subsection if—

        (a)     he or she is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child; or

        (b)     the child notifies him or her of the child's objection to the forwarding of copies of the report.

    (3)     If because of subsection (2) the author of a pre‑sentence report is not required to send a copy of the report to a person in accordance with subsection (1), he or she may forward to that person a copy of part of the report.

    (4)     If because of subsection (2) the author of a pre‑sentence report does not send copies of the report in accordance with paragraph (a) or (c) of subsection (1)—

        (a)     he or she must inform the appropriate registrar of that fact; and

        (b)     the Court may by order direct the appropriate registrar to forward a copy of the report or of a specified part of the report, together with a copy of the order, to a person named or described in the order as soon as possible and before the hearing.

    (5)     A person who receives a copy of a pre-sentence report or of part of a pre-sentence report under this section (part or all of which was not sent to the child who is the subject of the report because of subsection (2)) must not, unless otherwise directed by the Court, disclose to that child any information contained in the report or the part of it (as the case requires) that was not sent to that child.

Penalty:     10 penalty units.

Division 7—Group conference reports



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