Crimes (Sentencing) Act 2005

In preparing the pre-sentence report for the offender, the assessor—

may conduct any investigation the assessor considers appropriate; and

may ask any of the following to provide information:

an administrative unit;

a territory authority;

a statutory office-holder;

for a report for a young offender—a parent or anyone else who has parental responsibility for the young offender under the Children and Young People Act 2008;

for a report for an offender to be sentenced for a family violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986;

a victim of the offence;

any other entity.

However, an assessor may make a request under subsection (1) (b) (iv) in relation to a young offender who is an adult only with the young offender’s consent.

If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must promptly comply with the request.

If an entity gives information honestly and with reasonable care in response to a request under subsection (1), the giving of the information is not—

a breach of confidence, professional etiquette, ethics or a rule of professional misconduct; or

a ground for a civil proceeding for defamation, malicious prosecution or conspiracy.

This section does not limit any other power of the assessor to obtain information for the purposes of the pre-sentence report.

A regulation may make provision in relation to—

the preparation and provision of pre-sentence reports; and

the conduct of assessments of an offender’s suitability for a deferred sentence order or to serve a particular kind of sentence (including a kind mentioned in section 41 (4) (Pre-sentence reports—order)).

In this section: