Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 51

Access to disposition and additional reports

51. Access to disposition and additional reports



(1) If a disposition report is required under section 48(1) or the Court
orders a disposition report or an additional report, the author of the report
must, subject to sub-section (2), within 21 days and not less than 3
working days before the hearing forward the report to the proper venue of the
Court and a copy-

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

   (b)  to that child's parent; and

   (c)  to the legal practitioners representing that child; and

   (d)  to the legal practitioners representing that child's parent; and

   (e)  to any other person specified by the Court.

(2) The author of a report is not under sub-section (1) required to forward
copies of the report in accordance with paragraph (a), (b) or (e) of that
sub-section 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 a
        parent of the child; or

   (b)  the child or a parent of the child or another party to the proceeding
        notifies him or her of his or her objection to the forwarding of
        copies of the report.

(3) If because of sub-section (2) the author of a report is not required to
forward a copy of the report to a person in accordance with sub-section (1),
he or she may forward to that person a copy of part of the report.

(4) If because of sub-section (2) the author of a report does not forward
copies of the report in accordance with sub-section (1)(a), (b) or (e)-

   (a)  he or she must inform the appropriate registrar or the other persons
        referred to in that sub-section 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 report or of part of a report under this
section (part or all of which was not forwarded to the child who is the
subject of the report or to that child's parent because of sub-section (2))
must not, unless otherwise directed by the Court, disclose to that child or
parent any information contained in the report or the part of it (as the case
requires) that was not forwarded to that child or parent.

Penalty applying to this sub-section: 10 penalty units.

(6) The Court may dispense with compliance with the time requirements of
sub-section (1) in a case where a disposition report is required under section
48(1).

Subdivision 4-Pre-Sentence Reports