Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 10

Hearing of application

10. Hearing of application



(1) The court to which an application is made under section 5 may only begin
to hear the application-

   (a)  after at least 25 working days have passed since it was made or, if
        satisfied that it is in the interests of justice to do so, any shorter
        period; and

   (b)  if satisfied that the offender has had a reasonable opportunity to
        obtain legal representation and an independent assessment report.

(2) A court may adjourn the hearing of an application to give the offender the
opportunity to obtain legal representation or an independent assessment report
or both.

(3) An offender who obtains an independent assessment report on which the
offender intends to rely must cause-

   (a)  a copy to be filed in court; and

   (b)  a copy to be served on the Secretary-

as soon as practicable after obtaining it.

(4) An offender may obtain more than one independent assessment report.

(5) A court may resume a hearing that was adjourned by it in accordance with
subsection (2) even though the offender is not legally represented or has not
obtained an independent assessment report if satisfied that he or she has had
a reasonable opportunity to do so.

(6) The court may direct the Secretary or the offender-

   (a)  to obtain, within the period specified by the court, another
        assessment report or a report of any other kind to assist it in
        determining the application; and

   (b)  to cause a copy of that report to be filed in court and served on the
        other party as soon as practicable after obtaining it.