Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 45

Admissibility of report

45. Admissibility of report



(1) The court may rule as inadmissible the whole or any part of a report under
section 42.

(2) A report under section 42 is not admissible in any civil or criminal
proceeding, other than the proceeding in relation to which it was made,
except-

   (a)  a proceeding for an offence against section 314(1) of the
        Crimes Act 1958 (perjury) or for any other offence that involves an
        interference with the due administration of justice; or

   (b)  with the consent of the person who made the report.

(3) A court, tribunal or person acting judicially may rule as admissible in a
proceeding before them any matter inadmissible because of subsection (2) if
satisfied, on the application of a party to the proceeding, that it is in the
interests of justice to do so.