sec.138YObtaining information from Mental Health Court

sec.138Y Obtaining information from Mental Health Court

The chief executive may, by notice, ask the Mental Health Court (the court ) for information about the relevant person if— the matter of the person’s mental state relating to an offence mentioned in section 138X (1) (a) was referred to the court (the referred matter ); and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the court. The chief executive must give a copy of the relevant person’s consent to the court. If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the court may comply with the request if the court considers the information may help the chief executive make the decision. If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the court must comply with the chief executive’s request. The court complies with the chief executive’s request by giving the chief executive the following information— the court’s decision about the referred matter and reasons for the decision; a copy or written summary of any expert’s report about the relevant person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference of the matter to the court; transcripts of a hearing conducted for the referred matter if the court directed the transcript may be given to a party to the hearing or another person. A decision of the court not to give an expert report about the relevant person under this section does not prevent the chief executive applying for leave of the court under the Mental Health Act 2016 , section 160 (2) in relation to the report. s 138Y ins 2020 No. 39 s 11 (sec.138Y-ssec.1) The chief executive may, by notice, ask the Mental Health Court (the court ) for information about the relevant person if— the matter of the person’s mental state relating to an offence mentioned in section 138X (1) (a) was referred to the court (the referred matter ); and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the court. (sec.138Y-ssec.2) The chief executive must give a copy of the relevant person’s consent to the court. (sec.138Y-ssec.3) If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the court may comply with the request if the court considers the information may help the chief executive make the decision. (sec.138Y-ssec.4) If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the court must comply with the chief executive’s request. (sec.138Y-ssec.5) The court complies with the chief executive’s request by giving the chief executive the following information— the court’s decision about the referred matter and reasons for the decision; a copy or written summary of any expert’s report about the relevant person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference of the matter to the court; transcripts of a hearing conducted for the referred matter if the court directed the transcript may be given to a party to the hearing or another person. (sec.138Y-ssec.6) A decision of the court not to give an expert report about the relevant person under this section does not prevent the chief executive applying for leave of the court under the Mental Health Act 2016 , section 160 (2) in relation to the report.