Victorian Numbered Acts Victorian Numbered Acts(1) Subject to this section and section 88, an offender must be present during the hearing of an application under Part 3, 4, 5, 6, 7 or 8 in relation to the offender.
Note
An offender may be present before the court by
audio visual link or audio link
in accordance with Part IIA of the Evidence (Miscellaneous Provisions)
Act 1958 .
(2) If an offender acts in a way that makes the hearing in the offender's presence impracticable, the court may order that the offender be removed and the hearing continue in the absence of the offender.
(3) If an offender is unable to be present at the hearing of an application under Part 3, 4, 5, 6, 7 or 8 because of illness or for any other reason, the court may proceed with the hearing of the application in the absence of the offender if the court is satisfied that—
(a) doing so will not prejudice the interests of the offender; and
(b) the interests of justice require that the hearing should proceed in the absence of the offender.