South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 69A

69A—Examination of defendant

        (1)         Where the Court finds proved any matter alleged in a complaint (not being a charge of an offence), the court may order that the defendant be examined by a physician, psychiatrist or psychologist directed by the court to conduct the examination and that the defendant submit to the examination.

        (2)         Before making any other order in respect of the defendant, the court may consider and act upon a report on the defendant prepared by the person who conducted the examination: Provided that before the order is made—

            (a)         the contents of the report shall be made known to the defendant, or his counsel or solicitor, if the defendant or his counsel or solicitor so requests;

            (b)         the defendant, or his counsel or solicitor shall, if he so desires, be given an opportunity of cross-examining the person who prepared the report on the matters therein dealt with;

            (c)         the court shall, if so required by the defendant, or his counsel or solicitor, procure the attendance of that person before the court for cross-examination.

        (3)         For the purpose of enabling the defendant to be examined as mentioned in this section, the court may order that the defendant be taken to a suitable place for the examination.

        (4)         This section shall not apply where the defendant is a child under the age of eighteen years.