Forensic Disability Act 2011
sec.126Evidentiary provisions
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sec.126 Evidentiary provisions
This section applies to a proceeding under or in relation to this Act. Unless a party, by reasonable notice, requires proof of— the appointment of any of the following— the director; the chief psychiatrist; the administrator; a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service; an authorised officer; or the authority of a person mentioned in paragraph (a) to do an act under this Act; the appointment or authority must be presumed. A signature purporting to be the signature of a person mentioned in subsection (2) (a) , is evidence of the signature it purports to be. A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter— a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act; a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act ; on a stated day, or during a stated period, a stated person was or was not a forensic disability client; a stated place is, or was on a stated day or during a stated period, the forensic disability service; a stated place is, or was on a stated day or during a stated period, an authorised mental health service; on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act ; a stated document is a copy of a part of a register kept under this Act. s 126 amd 2016 No. 5 s 901 (sec.126-ssec.1) This section applies to a proceeding under or in relation to this Act. (sec.126-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of any of the following— the director; the chief psychiatrist; the administrator; a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service; an authorised officer; or the authority of a person mentioned in paragraph (a) to do an act under this Act; the appointment or authority must be presumed. (sec.126-ssec.3) A signature purporting to be the signature of a person mentioned in subsection (2) (a) , is evidence of the signature it purports to be. (sec.126-ssec.4) A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter— a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act; a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act ; on a stated day, or during a stated period, a stated person was or was not a forensic disability client; a stated place is, or was on a stated day or during a stated period, the forensic disability service; a stated place is, or was on a stated day or during a stated period, an authorised mental health service; on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act ; a stated document is a copy of a part of a register kept under this Act.