Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 70

Appearance and representation at Panel hearings

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.

(5) On an application made by or on behalf of the authorised psychiatrist or
Secretary to the Department of 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.