Victorian Current Acts

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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 59

Attendance at court of author of assessment report

    (1)     The author of an assessment report ordered under section 53 may be required to attend to give evidence at the hearing of the proceeding by a notice given in accordance with subsection (2) by—

        (a)     the person in respect of whom the report has been prepared; or

        (b)     with the leave of the court, a party to the proceeding; or

        (c)     the Children's Court.

    (2)     A notice under subsection (1) must be—

        (a)     in writing; and

S. 59(2)(b) amended by No. 52/2013 s. 73(1).

        (b)     filed in the proper venue of the court as soon as possible and, if practicable, not later than 2 working days before the hearing.

S. 59(3) amended by No. 52/2013 s. 73(2).

    (3)     On the filing of a notice under subsection (1), the registrar must immediately arrange for the author of the report to be notified that his or her attendance is required on the return date.

    (4)     A person is guilty of contempt of court if, being the author of a report who has been required to attend the Children's Court under subsection (1), he or she fails, without sufficient excuse, to attend as required.

    (5)     The author of a report who has been required under subsection (1) by the person or a party to attend at the hearing of a proceeding—

        (a)     must, if required by the person or party (as the case requires), be called as a witness; and

        (b)     if called as a witness, may be cross-examined on the contents of the report by the person or a party, whether or not that person required the author of the report to attend.



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