Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 56

Access to pre-sentence reports

56. Access to pre-sentence reports



(1) The author of a pre-sentence report must, within the period referred to in
section 55, send a copy of the report to-

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

   (b)  the legal practitioners representing the child; and

   (c)  any other person whom the Court has ordered is to receive a copy of
        the report.

(2) The author of a pre-sentence report is not under sub-section (1) required
to send copies of the report in accordance with paragraph (a) or (c) 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

   (b)  the child notifies him or her of the child's objection to the
        forwarding of copies of the report.

(3) If because of sub-section (2) the author of a pre-sentence report is not
required to send 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 pre-sentence report does not
send copies of the report in accordance with paragraph (a) or (c) of
sub-section (1)-

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

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

Division 1-Services for Children