Magistrates' Court Criminal Procedure Rules 2019

Rule 27

NOTICE OF INTENTION to APPLY FOR LEAVE UNDER SECtion 32C(1) of the evidence (MIscellaneous Provisions) Act 1958

(Section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958)

In the Magistrates' Court of

Victoria at [venue] Court Ref.:

IN THE MATTER of:

Informant: [full name]

Accused: [full name]

This form is filed on behalf of:

Legal representative:

Name of legal practice/agency:

Telephone:

Email address:

The charges are listed on:

TAKE NOTICE THAT:

Pursuant to section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 (the Act), the applicant intends to make an application on [date] at [time] in the Magistrates' Court at [place] to seek leave:

*to compel the production of a document that contains/*to produce a document that discloses/*to adduce evidence that discloses:

*a confidential communication (as defined in section 32B(1) of the Act)/*protected health information (as defined in section 32B(1) of the Act).

The nature of the *confidential communication/*protected health information to be produced or adduced is:

[insert a description of the material sought, confined to relevant dates and times and restricting where possible the number and nature of documents sought]

The matters to be taken into account to determine whether leave should be granted are set out in section 32D of the Act.

*You may, with the leave of the Court, appear and make submissions in relation to the application.

Signature of applicant:

Date:

 each other party to the proceeding;

 the informant;

 if the notice relates to a confidential communication, the medical practitioner or counsellor to whom that communication was made;

 if the notice relates to protected health information, either—

• the person who recorded or collected the information (or, if the information is an opinion, formed that opinion); or

• if the information is held by an organisation, that organisation.

*A draft witness summons is attached to this notice.

*Delete if not applicable

Form 13B inserted by S.R. No. 129/2023 rule 11, amended by S.R. Nos 78/2026 rule 24, 143/2026 rule 7.