362Access to pre-sentence reports

362 Access to pre-sentence reports

(1) At least 3 working days before the return date referred to in section 363, the Secretary must give a copy of a pre-sentence report to—

(e) any other person whom the appellate court has ordered is to receive a copy of the report.

(2) The Secretary is not required to give a copy of the report in accordance with subsection (1)(a) or (e) if—

(a) the author is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child; or

(b) the child notifies the author of the report that the child objects to the report being given to a person referred to in subsection (1)(e).

(3) If because of subsection (2) the Secretary is not required to give a copy of the report to a person in accordance with subsection (1), the author may give to that person a copy of part of the report.

(4) If because of subsection (2) the Secretary does not give a copy of the report in accordance with subsection (1)(a) or (e)—

(a) the author must inform the registrar at the proper venue of the Children's Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) of that fact; and

(b) the appellate court, by order, may direct the registrar at the proper venue of the Children's Court, the Prothonotary or the Registrar of Criminal Appeals to give 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 pre-sentence report or of part of a pre-sentence report under this section (part or all of which was not sent to the child who is the subject of the report because of subsection (2)) must not disclose to the child who is the subject of the report any information contained in the report or the part of it (as the case requires) that was not given to that child, unless otherwise directed by the appellate court.

1. 10 penalty units.