New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 58

58 Provision of assessment reports and other information

(1) If the Children's Court makes an assessment order, it is to appoint the Children's Court Clinic to prepare and submit the assessment report concerning the child or young person to it, unless the Children's Court Clinic informs the Children's Court that--

(a) it is unable to prepare the assessment report, or

(b) it is of the opinion that it is more appropriate for the assessment report to be prepared by another person.

(2) If the Children's Court Clinic informs the Children's Court that it is unable to prepare the assessment report or that it is of the opinion that it is more appropriate for the assessment report to be prepared by another person, the Children's Court is to appoint a person whose appointment is, so far as possible, to be agreed to by the child or young person being assessed, the parents or other persons who have parental responsibility for the child or young person and the Secretary.

(3) The Children's Court may, of its own motion, order--

(a) the Children's Court Clinic, or

(b) a person appointed under subsection (2),

to provide the Court with such other information as may be within the expertise of the Children's Court Clinic or the appointed person (as the case requires) to provide.

(4) The Children's Court may order the Children's Court Clinic to provide any such information regardless of whether an assessment order has been made in relation to the child or young person concerned.

(5) Any information provided to the Children's Court pursuant to an order under subsection (3) is taken to be a report to the Children's Court rather than evidence tendered by a party.