sec.117ASubstantial dispute about fact relied on in expert report

sec.117A Substantial dispute about fact relied on in expert report

The Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about a fact (a material fact ) that is material to an opinion stated in an expert’s report received in evidence by the court on the reference. Without limiting subsection (1) , a material fact may relate to— the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed. s 117A ins 2022 No. 1 s 54 (sec.117A-ssec.1) The Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about a fact (a material fact ) that is material to an opinion stated in an expert’s report received in evidence by the court on the reference. (sec.117A-ssec.2) Without limiting subsection (1) , a material fact may relate to— the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.

• (a) the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or
• (b) an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.