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Children, Youth and Families Act 2005
561Access to additional report
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561 Access to additional report
S. 561(1) amended by No. 61/2014 s. 125.
(1) If the Court orders an additional report from a person other than the Secretary to the Department of Justice, the author of the report must, subject to subsection (2), not less than 3 working days before the hearing forward the report to the proper venue of the Court and a copy to each of the following—
(b) that child's parent; and
(c) the legal practitioners representing that child; and
(d) the legal practitioners representing that child's parent; and
(e) the Secretary, if the Secretary is not the author of the report; and
(f) a party to the proceeding; and
(2) The author of a report is not under subsection (1) required to forward copies of the report in accordance with paragraph (a), (b), (f) or (g) of that subsection if—
(a) he or she is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child or a parent of the child; or
(b) the child or a parent of the child or another party to the proceeding notifies him or her of his or her objection to the forwarding of copies of the report.
(3) If because of subsection (2) the author of a report is not required to forward a copy of the report to a person in accordance with subsection (1), he or she may forward to that person a copy of part of the report.
(4) If because of subsection (2) the author of a report does not forward copies of the report in accordance with subsection (1)(a), (1)(b), (1)(f) or (1)(g)—
(a) he or she must inform the appropriate registrar or the other persons referred to in that subsection of that fact; and
(b) the Court may by order direct the appropriate registrar to forward a copy of the report or of a specified part of the report, together with a copy of the order, to a person named or described in the order as soon as possible and before the hearing.
(5) A person who receives a copy of a report or of part of a report under this section (part or all of which was not forwarded to the child who is the subject of the report or to that child's parent because of subsection (2)) must not, unless otherwise directed by the Court, disclose to that child or parent any information contained in the report or the part of it (as the case requires) that was not forwarded to that child or parent.