sec.103ZZHChief executive to establish sexual offence expert evidence panel

### sec.103ZZH Chief executive to establish sexual offence expert evidence panel The chief executive must establish and maintain a panel of persons the chief executive is satisfied are suitable to give expert evidence under this division . A person is not suitable for the purpose of subdivision 1 to give relevant evidence about a defendant in a relevant proceeding unless the person can demonstrate specialised knowledge, gained by training, study or experience, in— psychiatry; or neuro-cognitive psychology; or a field of knowledge relevant to assessing— cognitive impairment of a person within the meaning of the Criminal Code , section 348B or mental health impairment of a person within the meaning of the Criminal Code , section 348C ; and the effect of such an impairment on the person’s ability to communicate. A person is not suitable for the purpose of subdivision 2 to give expert evidence in a relevant proceeding, unless the person can demonstrate specialised knowledge, gained by training, study or experience, in a field of knowledge relevant to assessing— the nature of sexual offences; or the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that they have been the victim, of a sexual offence. Also, a person is not suitable to give expert evidence under this division if— the person has been the subject of professional discipline; or the person has been denied, or removed from, professional registration; or the person has a criminal history that indicates a lack of suitability to give relevant evidence about a defendant in a relevant proceeding. In determining whether to appoint a person to the sexual offence expert evidence panel, the chief executive may have regard to the cultural competence and capability of the person, including whether the person can demonstrate knowledge and understanding of a particular cultural group. Subsections (2) , (3) , (4) , and (5) do not limit the matters to which the chief executive may have regard in considering the suitability of a person to give expert evidence under this division. The panel established under this section is the sexual offence expert evidence panel . To remove any doubt, it is declared that a person can be appointed to the sexual offence expert evidence panel to perform both functions if they meet the suitability criteria for both. s 103ZZH ins 2024 No. 5 s 59 amd 2024 No. 48 s 34 (sec.103ZZH-ssec.1) The chief executive must establish and maintain a panel of persons the chief executive is satisfied are suitable to give expert evidence under this division . (sec.103ZZH-ssec.2) A person is not suitable for the purpose of subdivision 1 to give relevant evidence about a defendant in a relevant proceeding unless the person can demonstrate specialised knowledge, gained by training, study or experience, in— psychiatry; or neuro-cognitive psychology; or a field of knowledge relevant to assessing— cognitive impairment of a person within the meaning of the Criminal Code , section 348B or mental health impairment of a person within the meaning of the Criminal Code , section 348C ; and the effect of such an impairment on the person’s ability to communicate. (sec.103ZZH-ssec.3) A person is not suitable for the purpose of subdivision 2 to give expert evidence in a relevant proceeding, unless the person can demonstrate specialised knowledge, gained by training, study or experience, in a field of knowledge relevant to assessing— the nature of sexual offences; or the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that they have been the victim, of a sexual offence. (sec.103ZZH-ssec.4) Also, a person is not suitable to give expert evidence under this division if— the person has been the subject of professional discipline; or the person has been denied, or removed from, professional registration; or the person has a criminal history that indicates a lack of suitability to give relevant evidence about a defendant in a relevant proceeding. (sec.103ZZH-ssec.5) In determining whether to appoint a person to the sexual offence expert evidence panel, the chief executive may have regard to the cultural competence and capability of the person, including whether the person can demonstrate knowledge and understanding of a particular cultural group. (sec.103ZZH-ssec.6) Subsections (2) , (3) , (4) , and (5) do not limit the matters to which the chief executive may have regard in considering the suitability of a person to give expert evidence under this division. (sec.103ZZH-ssec.7) The panel established under this section is the sexual offence expert evidence panel . (sec.103ZZH-ssec.8) To remove any doubt, it is declared that a person can be appointed to the sexual offence expert evidence panel to perform both functions if they meet the suitability criteria for both. - (a) psychiatry; or - (b) neuro-cognitive psychology; or - (c) a field of knowledge relevant to assessing— (i) cognitive impairment of a person within the meaning of the Criminal Code , section 348B or mental health impairment of a person within the meaning of the Criminal Code , section 348C ; and (ii) the effect of such an impairment on the person’s ability to communicate. - (i) cognitive impairment of a person within the meaning of the Criminal Code , section 348B or mental health impairment of a person within the meaning of the Criminal Code , section 348C ; and - (ii) the effect of such an impairment on the person’s ability to communicate. - (i) cognitive impairment of a person within the meaning of the Criminal Code , section 348B or mental health impairment of a person within the meaning of the Criminal Code , section 348C ; and - (ii) the effect of such an impairment on the person’s ability to communicate. - (a) the nature of sexual offences; or - (b) the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that they have been the victim, of a sexual offence. - (a) the person has been the subject of professional discipline; or - (b) the person has been denied, or removed from, professional registration; or - (c) the person has a criminal history that indicates a lack of suitability to give relevant evidence about a defendant in a relevant proceeding.