sec.138TApplication of subdivision

sec.138T Application of subdivision

This subdivision applies if— the chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and the relevant person was— charged with a disqualifying offence alleged to have been committed when the person was an adult; or charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or charged with or convicted of an offence that relates to or involves a person with disability; and the chief executive reasonably believes it is necessary to consider the relevant person’s mental health to make the decision mentioned in paragraph (a) . The chief executive may form the reasonable belief mentioned in subsection (1) (c) only if— for a charge or conviction mentioned in subsection (1) (b) — the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the relevant person to undertake psychiatric treatment; or a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or the chief executive has, under this part, been given a report about the relevant person’s mental health prepared by a registered health practitioner. s 138T ins 2020 No. 39 s 11 (sec.138T-ssec.1) This subdivision applies if— the chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and the relevant person was— charged with a disqualifying offence alleged to have been committed when the person was an adult; or charged with or convicted of a serious offence committed, or alleged to have been committed, when the person was an adult; or charged with or convicted of an offence that relates to or involves a person with disability; and the chief executive reasonably believes it is necessary to consider the relevant person’s mental health to make the decision mentioned in paragraph (a) . (sec.138T-ssec.2) The chief executive may form the reasonable belief mentioned in subsection (1) (c) only if— for a charge or conviction mentioned in subsection (1) (b) — the matter of the relevant person’s mental state relating to the offence has been referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the relevant person to undertake psychiatric treatment; or a court has been given a report about the relevant person’s mental health prepared by a registered health practitioner; or the chief executive has, under this part, been given a report about the relevant person’s mental health prepared by a registered health practitioner.

• (a) the chief executive is deciding whether a relevant person poses an unacceptable risk of harm to people with disability; and