39BReport of Chief Psychiatrist

### 39B Report of Chief Psychiatrist > [*\[Section 39B Inserted by No. 72 of 2005, s. 112, Applied:20 Feb 2006\]*](/view/html/inforce/2006-02-20/act-2005-072#GS112@EN) > > > (1)  In this section – > > > > > ***defendant*** includes a person who is subject to a restriction order or any other order under this Act that commits a person to, or otherwise requires the detention of a person in, a secure mental health unit. > > > (2)  [*\[Section 39B Subsection (2) amended by No. 4 of 2023, s. 22, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS22@Hpa@EN) If a court requires a report from the Chief Psychiatrist or is provided with a report by the Chief Psychiatrist in relation to a defendant, the court may make such orders as to the distribution and security of the report provided as it considers necessary or appropriate. > > > (3)  [*\[Section 39B Subsection (3) amended by No. 4 of 2023, s. 22, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS22@Hpb@EN) Unless the court orders otherwise, the Chief Psychiatrist must give, as soon as practicable, a copy of any report referred to in [subsection (2)](#GS39B@Gs2@EN) to – > > > > > > (a) the prosecutor; and > > > > > > > (b) [*\[Section 39B Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja22@GC1@EN) the Australian legal practitioner representing the defendant or, if the defendant is unrepresented, the defendant. > > > (4)  [*\[Section 39B Subsection (4) amended by No. 4 of 2023, s. 22, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS22@Hpc@EN) The prosecution or the defence may dispute the whole or any part of the report of the Chief Psychiatrist. > > > (5)  [*\[Section 39B Subsection (5) amended by No. 4 of 2023, s. 22, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS22@Hpd@EN) If the whole or any part of the report of the Chief Psychiatrist is disputed, the court must not take into consideration the report or part in dispute unless the party disputing the report or part has had the opportunity – > > > > > > (a) to lead evidence on the disputed matters; and > > > > > > > (b) [*\[Section 39B Subsection (5) amended by No. 4 of 2023, s. 22, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS22@Hpe@EN) to cross-examine on the disputed matters the Chief Psychiatrist or, if the Chief Psychiatrist has delegated his or her function of writing the report, the author of the report.