Section 27 — Subpoenas relating to confidential communications and protected health information — Magistrates' Court Criminal Procedure Rules 2019 (Victoria) — Barrister AI
Subpoenas relating to confidential communications and protected health information
Current
Part 3—Applications, orders and notices
27Subpoenas relating to confidential communications and protected health information
Rule 27 (Heading) substituted by S.R. No. 129/2023 rule 6(1).
Rule 27(1) substituted by S.R. No. 129/2023 rule 6(2).
(1)
For the purposes of section 32CC(1) of the Evidence (Miscellaneous Provisions) Act 1958, notice of an intention to apply for leave under section 32C(1) of that Act must be in Form 13A.
Rule 27(2) amended by S.R. No. 129/2023 rule 6(3).
(2)
If an application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 is in respect of a summary contested hearing—
(a)
the application must be heard at least 4 weeks before the contested hearing unless the Court fixes a shorter period between the application and the contested hearing; and
(b)
the party applying for leave must serve the application not less than 14 days before the hearing date of the application unless directed otherwise by the Court.
Rule 27(2) renumbered as rule 27(3) by S.R. 129/2023 rule 6(4).
(3)
If leave is granted under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 the witness summons is, where possible, to be made returnable before the magistrate who granted leave.
