sec.432Matters to which tribunal must have regard

sec.432 Matters to which tribunal must have regard

In making a decision under this part in relation to a review of a forensic order (mental health) or forensic order (disability), the tribunal must have regard to the following— the relevant circumstances of the person subject to the order; the nature of the relevant unlawful act and the period of time that has passed since the act happened; any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act; if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. deciding whether to confirm or revoke the order deciding whether to confirm or change the category of the order deciding whether the person is to receive any treatment in the community deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter. (sec.432-ssec.1) In making a decision under this part in relation to a review of a forensic order (mental health) or forensic order (disability), the tribunal must have regard to the following— the relevant circumstances of the person subject to the order; the nature of the relevant unlawful act and the period of time that has passed since the act happened; any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act; if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. deciding whether to confirm or revoke the order deciding whether to confirm or change the category of the order deciding whether the person is to receive any treatment in the community deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order (sec.432-ssec.2) Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.

• (a) the relevant circumstances of the person subject to the order;
• (b) the nature of the relevant unlawful act and the period of time that has passed since the act happened;
• (c) any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;
• (d) if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. Examples of decisions in relation to a review of a forensic order— • deciding whether to confirm or revoke the order • deciding whether to confirm or change the category of the order • deciding whether the person is to receive any treatment in the community • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order