New South Wales Consolidated Acts

COMMUNITY PROTECTION ACT 1994 - SECT 17

17 Hearings

(1) In any proceedings under this Act, the Court:

(a) is bound by the rules of evidence, and

(b) may order the production of documents of the following kind in relation to the defendant:

(i) medical records and reports,

(ii) records and reports of any psychiatric in-patient service or prison,

(iii) reports made to, or by, the Offenders Review Board,

(iv) reports, records or other documents prepared or kept by any police officer,

(v) the transcript of any proceedings before, and any evidence tendered to, the Mental Health Review Tribunal, and

(c) may order an examination of the defendant to be carried out by one or more duly qualified medical practitioners, psychiatrists or psychologists, and

(d) may require the preparation of reports as to the defendant’s condition and progress by such persons as it considers appropriate, and

(e) must have regard to any report made available to it under paragraph (d), and

(f) may, if the interests of justice so demand, exclude any person (other than a party to the proceedings or the party’s legal representative) from the whole or any part of the proceedings.

(2) This Act does not affect the right of any party to proceedings under this Act:

(a) to appear, either personally or by the party’s legal representative, or

(b) to call witnesses and give evidence, or

(c) to cross-examine witnesses, or

(d) to make submissions to the Court on any matter connected with the proceedings.

(3) Despite any Act or law to the contrary, the Court must receive in evidence any document or report of a kind referred to in subsection (1), or any copy of any such document or report, that is tendered to it in proceedings under this Act.