Victorian Numbered Acts Victorian Numbered Acts(1) A court in which an application under Part 3, 5 or 8 is commenced must not begin to hear the application until—
(a) at least 25 working days have passed since it was commenced or, if satisfied that it is in the interests of justice to do so, any shorter period; and
(b) the court is satisfied that the offender has had a reasonable opportunity to obtain an independent report of any kind.
(2) Subsection (1) does not apply to a directions hearing under section 126.
(3) The Supreme Court may begin to hear an application under Part 7 if the court is satisfied that—
(a) it is in the interests of justice to do so; and
(b) the offender has had a reasonable opportunity to obtain—
(i) an independent report of any kind; and
(ii) legal representation.
(4) Subsection (3)(b) does not apply to an application under Part 7 if the Supreme Court has made an order under section 88 that the application is to be heard and determined in the absence of the offender.
(5) A court may adjourn the hearing of an application under Part 3, 5, 7 or 8 to give the offender the opportunity to obtain legal representation or an independent report of any kind or both.
(6) An offender who obtains an independent report on which the offender intends to rely must as soon as practicable after obtaining it—
(a) file a copy in court; and
(b) serve a copy on the Secretary or the DPP (as the case requires).
(7) An offender may obtain more than one independent report.
(8) A court may resume a hearing that was adjourned under subsection (5) even if the offender is not legally represented or has not obtained an independent report if the court is satisfied that the offender has had a reasonable opportunity to do so.
(9) In order to assist it in determining an application, a court may direct the Secretary or the DPP (as the case requires) or the offender to obtain and file in court, within a period specified by the court, a report of any kind.
(10) A copy of a report filed in court in accordance with a direction under subsection (9) must, subject to any order under section 124, be served on the other party as soon as practicable after it is filed.