Sentencing Act 2017

A court may, if of the opinion that it would assist in determining sentence, order the preparation of a pre‑sentence report on any or all of the following matters:

the physical or mental condition of the defendant;

the personal circumstances and history of the defendant;

any other matter that would assist the court in determining sentence.

However, the court should not order the preparation of a pre‑sentence report—

if the information sought by the court cannot be provided within a reasonable time; or

if the penalty to be imposed is a mandatory penalty for which no other penalty can be substituted and a non‑parole period is not in question.

A pre‑sentence report may be given orally or in writing.

A copy of every written pre‑sentence report received by a court must be provided to the prosecutor and to the defendant or the defendant's counsel.

The person by whom a pre‑sentence report is given is liable to be examined or cross‑examined on any of the matters contained in the report and, in the case of a written report, must appear before the court for that purpose if requested to do so.

If a statement of fact or opinion in a pre‑sentence report is challenged by the prosecutor or the defendant, the court must disregard the fact or opinion unless it is substantiated on oath.