sec.138XRequest for consent to obtain information from Mental Health Court or Mental Health Review Tribunal

sec.138X Request for consent to obtain information from Mental Health Court or Mental Health Review Tribunal

This section applies if— the relevant person has been charged with, but not convicted of— a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or an offence that relates to or involves a person with disability; and either— the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 . The chief executive may, by notice, ask the relevant person to consent to the chief executive obtaining information about the person from the Mental Health Court or Mental Health Review Tribunal— for the chief executive to use when deciding whether the person poses an unacceptable risk of harm to people with disability; or if the chief executive asked the person, under section 138U , to consent to a registered health practitioner preparing a report about the person’s mental health—to be given to the health practitioner to use when preparing the report. The notice must state the following— the reasons for the chief executive’s request; the information that the Mental Health Court or Mental Health Review Tribunal may give the chief executive under section 138Y or 138Z ; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, the chief executive may— if the person made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information. s 138X ins 2020 No. 39 s 11 (sec.138X-ssec.1) This section applies if— the relevant person has been charged with, but not convicted of— a disqualifying offence or serious offence alleged to have been committed when the person was an adult; or an offence that relates to or involves a person with disability; and either— the matter of the person’s mental state relating to the offence was referred to the Mental Health Court; or the Mental Health Review Tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 . (sec.138X-ssec.2) The chief executive may, by notice, ask the relevant person to consent to the chief executive obtaining information about the person from the Mental Health Court or Mental Health Review Tribunal— for the chief executive to use when deciding whether the person poses an unacceptable risk of harm to people with disability; or if the chief executive asked the person, under section 138U , to consent to a registered health practitioner preparing a report about the person’s mental health—to be given to the health practitioner to use when preparing the report. (sec.138X-ssec.3) The notice must state the following— the reasons for the chief executive’s request; the information that the Mental Health Court or Mental Health Review Tribunal may give the chief executive under section 138Y or 138Z ; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, the chief executive may— if the person made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without obtaining the information.