Attendance at appellate court of author of report
353 Attendance at appellate court of author of report
The author of a report to which this Part applies may be required to attend to give evidence at the hearing of the appeal to which the report is relevant by a notice given in accordance with subsection (2) by—
the child who is the subject of the report; or
if the child is under 15 years of age, and the appeal is made on the child's behalf and in the name of the child or, in the absence of the parent, the DFFH Secretary—
a parent of that child; or
if the case so requires, the DFFH Secretary; or
the Secretary; or
the appellate court.
The notice must be—
in writing; and
filed with the registrar of the County Court or the Prothonotary or the Registrar of Criminal Appeals (as the case requires) as soon as possible and, if practicable, not later than 2 working days before the hearing.
On the filing of a notice under subsection (1), the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must immediately notify the author of the report that the author's attendance is required on the return date.
A person who is the author of a report who has been required to attend the appellate court under subsection (1), is guilty of contempt of court if that person fails, without sufficient excuse, to attend as required.
The author of a report who has been required under subsection (1) by the child or, if the child is under 15 years of age, a parent of the child, the DFFH Secretary or the Secretary to attend at the hearing of an appeal, if required by the child or the parent or the relevant Secretary (as the case requires)—
must be called as a witness; and
may be cross-examined on the contents of the report.
This Act’s bill:Explanatory memorandumSecond reading speech
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