Youth Justice Act 2024
420Access to pre-sentence reports or supplementary pre-sentence reports
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420 Access to pre-sentence reports or supplementary pre-sentence reports
(1) The Secretary must give a copy of a pre-sentence report or supplementary pre-sentence report to the following persons at least 3 days before the return date—
(d) any other person whom the Children's Court has ordered is to receive a copy of the report.
(2) The Secretary is not required to give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d) if—
(a) the author of the report 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 the person.
(3) If because of subsection (2) the Secretary is not required to give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d), the Secretary may give a copy of part of the report to the child or that person.
(4) If because of subsection (2) the Secretary does not give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d)—
(a) the Secretary must inform the registrar at the proper venue of the Children's Court of that fact; and
(b) the Children's Court, by order, may direct the registrar at the proper venue of the Court 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 report or of part of a 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, unless otherwise directed by the Children's Court, disclose to that child any information contained in the report or the part of it (as the case requires) that was not sent to that child.