Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (3), a designated mental health service must give a person who is the subject of a proceeding access to any documents in its possession in connection with the proceeding at least 48 hours before the hearing.
(2) An authorised psychiatrist may apply to the Tribunal for access to any documents referred to in subsection (1) to be denied to the person who is the subject of a proceeding if the authorised psychiatrist is of the opinion that the disclosure of information in such a document may cause serious harm to the person or to another person.
(3) If the Tribunal determines that the disclosure of the information referred to in subsection (2) may cause serious harm to the person who is the subject of the proceeding or to another person, the Tribunal may—
(a) deny the disclosure of the relevant document to the person who is the subject of the proceeding; and
(b) proceed with the hearing; and
(c) have regard to that information at the hearing.
(4) If the Tribunal determines that the disclosure of the information referred to in subsection (2) will not cause serious harm to the person who is the subject of the proceeding or to another person, the Tribunal may—
(a) order the designated mental health service to give the person who is the subject of the proceeding access to the relevant document; and
(b) adjourn the hearing for a period not exceeding 5 business days and extend the duration of the relevant Order for the length of that period.