Section 76 — Protection of Personal and Property Rights Act 1988: Court may call for report on person

76 Court may call for report on person (1) On an application for the exercise of the Court's jurisdiction under this Act, a Court may, if it is satisfied that it is necessary for the proper disposition of the application, request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the person in respect of whom the application is made. (2) In deciding whether or not to request a report under subsection (1) of this section, a Court may ascertain and have regard to the wishes of the parties and of the person in respect of whom the application is made. (3) A copy of any report obtained under this section shall be given by the Registrar of the Court to— (a) The barrister or solicitor for each party to the proceedings and for the person in respect of whom the application is made or, if any party is not represented by a barrister or solicitor, to that party; and (b) Any barrister or solicitor appointed under section 65(3) of this Act. (4) A report given to a barrister or solicitor under subsection (3) of this section shall not be given or be shown to the person for whom the barrister or solicitor is acting if the Court so orders. (5) Fees for reports prepared pursuant to a request under subsection (1) of this section, and reasonable expenses incurred,— (a) May be determined in accordance with regulations made under this Act; and (b) Are payable by such party or parties to the proceedings as the Court orders or, if the Court so decides, are payable out of public money appropriated by Parliament for the purpose. (5A) Any amount of any fees and expenses ordered to be paid by any party under subsection (5)(b) of this section shall, if paid by the Crown, be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that Court. (6) Any party to the proceedings, or the person in respect of whom the application is made, or any barrister or solicitor appointed under section 65(3) of this Act may tender evidence on any matter referred to in any such report. (7) The Court may call the person making the report as a witness, either of its own motion or on the application of any party or the person in respect of whom the application is made. Subsection (5) was substituted, and subsection (5A) was inserted, as from 1 July 1994, by section 8 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54). The previous subsection (5)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “ Bank Account operated by the Department for Courts ” for the words “ Bank Account ” . Subsection (5)(b) was substituted, as from 3 June 1998, by section 3 Protection of Personal and Property Rights Amendment Act 1998 (1998 No 58). See section 5 of that Act as to the transitional provision relating to appeals from the Family Court to the High Court.