Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 39

Investigative powers of Tribunal

39. Investigative powers of Tribunal



(1) The Tribunal may, if it determines that it requires further information to
enable it to determine an application-

   (a)  authorise a person to make any enquiry or carry out any investigation
        on behalf of the Tribunal necessary to furnish the Tribunal with the
        further information that it requires; or

   (b)  order the preparation and submission to the Tribunal of a medical
        report or counselling report; or

   (c)  order the applicant to lodge with the Tribunal, within the period
        specified in the order, an additional statement containing particulars
        of matters specified in the order or any documents specified in the
        order.

(2) A person authorised under subsection (1)(a) may be-

   (a)  a member of staff referred to in section 23; or

   (b)  a legal practitioner engaged by the Tribunal to assist it with respect
        to an application; or

   (c)  if the State has appeared on the hearing of a matter, a person
        authorised to appear before the Tribunal on behalf of the State.





(3) Without limiting subsection (1), the Tribunal may authorise a person under
subsection (1)(a) to exercise any power conferred on a registrar by section
40.

(4) If, in connection with the preparation of a medical report or counselling
report ordered to be prepared under subsection (1)(b), an applicant refuses or
fails without reasonable excuse to comply with a request to submit to an
examination by a medical expert or to receive counselling services, the
Tribunal may under section 41 adjourn consideration of the application until
the examination or counselling takes place or refuse the application.

(5) The Tribunal must bear the costs of, and incidental to, an examination or
provision of counselling services referred to in subsection (4).

(6) The Tribunal may exercise its power under subsection (1)(b) whether or not
a medical or counselling report has been submitted to it by the applicant or
any other party.

(7) If an applicant refuses or fails without reasonable excuse to comply with
an order under subsection (1)(c), the Tribunal may under section 41 adjourn
consideration of the application until the order is complied with or refuse
the application.