Victorian Current Acts

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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 70

Appearance and representation at Panel hearings

    (1)     An applicant for leave is entitled to appear in person before the Panel and may be represented by a legal practitioner or any other person authorised to that effect by the applicant.

    (2)     If an applicant decides not to appear, the Panel must satisfy itself that the applicant has made the decision of their own free will.

    (3)     At any hearing of the Panel—

        (a)     a person other than the applicant for leave who is given notice of the hearing may appear before the Panel in person and be heard or, if the person is unable to be present at the hearing and the Panel allows, may be represented before the Panel by any person authorised to that effect by the person; and

        (b)     any other person who wishes to be heard and whom the Panel agrees to hear may appear before the Panel in person and be heard.

    (4)     Unless the Panel makes an order under subsection (5), the applicant or a person representing the applicant is entitled to inspect any documents to be given to the Panel in connection with the hearing at least 24 hours before the commencement of the hearing.

S. 70(5) amended by No. 15/2015 s. 37(27).

    (5)     On an application made by or on behalf of the authorised psychiatrist or Secretary to the Department of Health and Human Services, the Panel may order that the applicant is not entitled to inspect any document or part of a document personally, if the Panel is satisfied that inspection would—

        (a)     cause serious harm to the applicant's health or the health or safety of another person; or

        (b)     involve the unreasonable disclosure of information relating to the personal affairs of any person; or

        (c)     breach a confidentiality provision imposed by a person who supplied information that is contained in the document.

    (6)     The Panel may permit a person representing the applicant before the Panel to inspect a document, or part of a document, to which an order made under subsection (5) applies.



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