Mental Health Act 2016
sec.738Disclosure of documents to be relied on in hearing
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sec.738 Disclosure of documents to be relied on in hearing
If a party to a proceeding intends to rely on a document in the hearing of the proceeding, the party must give a copy of the document to each other party to the proceeding at least 3 days before the hearing. However, if the party intends to apply to the tribunal for a confidentiality order in relation to a document, the party— is not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and if the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person. In this section— document does not include a victim impact statement. (sec.738-ssec.1) If a party to a proceeding intends to rely on a document in the hearing of the proceeding, the party must give a copy of the document to each other party to the proceeding at least 3 days before the hearing. (sec.738-ssec.2) However, if the party intends to apply to the tribunal for a confidentiality order in relation to a document, the party— is not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and if the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person. (sec.738-ssec.3) In this section— document does not include a victim impact statement.
- (a) is not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and
- (b) if the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person.