Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 412

Access to specialist assessment reports

    (1)     Subject to subsection (2), the Secretary must give a copy of a specialist assessment report to each of the following before the hearing of the proceeding

        (a)     the child;

        (b)     the legal practitioner representing the child;

        (c)     the prosecution;

        (d)     any other person specified by the Children's Court.

    (2)     After having regard to the views of the parties to the proceeding and any statement under section 411 filed with the report, if the Children's Court is satisfied that giving the report or a particular part of the report to the child or a person referred to in subsection (1)(d) will be prejudicial to the development or mental health of the child, the Children's Court may order—

        (a)     that the report or part of the report is not to be given to the child or person; or

        (b)     that the report or part of the report is to be given to the child or person at a later time specified in the order; or

        (c)     that the report or part of the report is to be given to the child or person subject to conditions specified by the Court.

    (3)     An application for an order under subsection (2) may be made by the Secretary.

    (4)     If the Children's Court makes an order under subsection (2), it must cause a copy of the order to be served on the persons referred to in subsection (1).

    (5)     A person who receives a copy of a specialist assessment report or part of a report under this section (part or all of which was not released to the child who is the subject of the report or any other person because of subsection (2)) must not, unless otherwise directed by the Children's Court, disclose to that child any information contained in the report or the part of it (as the case requires) that was not released to that child.

Penalty:     10 penalty units.

Division 3—Pre-sentence reports



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