QLDIn ForceAct
Penalties and Sentences Act 1992
sec.195BAccess to court files by representative of community justice group in offender’s community
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### sec.195B Access to court files by representative of community justice group in offender’s community
This section applies if an offender is an Aboriginal or Torres Strait Islander person.
A representative of the community justice group in the offender’s community may inspect a court file, or a document in a court file, or obtain a copy of information from a court file or document, that may be relevant to making a submission about the offender under section 9 (2) (p) .
However, subsection (2) applies only if the court directs that the information be made available or given to the representative.
The court may make the direction whether or not the representative has made an application to the court for the direction.
In deciding whether to direct that information be made available or given to the representative, the court may have regard to the following—
whether the representative would otherwise have access to the information;
whether the offender consents to the information being made available or given to the representative.
Subsection (5) does not limit the matters to which the court may have regard.
s 195B ins 2007 No. 59 s 139
amd 2014 No. 9 s 36 ; 2016 No. 38 s 62
(sec.195B-ssec.1) This section applies if an offender is an Aboriginal or Torres Strait Islander person.
(sec.195B-ssec.2) A representative of the community justice group in the offender’s community may inspect a court file, or a document in a court file, or obtain a copy of information from a court file or document, that may be relevant to making a submission about the offender under section 9 (2) (p) .
(sec.195B-ssec.3) However, subsection (2) applies only if the court directs that the information be made available or given to the representative.
(sec.195B-ssec.4) The court may make the direction whether or not the representative has made an application to the court for the direction.
(sec.195B-ssec.5) In deciding whether to direct that information be made available or given to the representative, the court may have regard to the following— whether the representative would otherwise have access to the information; whether the offender consents to the information being made available or given to the representative.
(sec.195B-ssec.6) Subsection (5) does not limit the matters to which the court may have regard.
- (a) whether the representative would otherwise have access to the information;
- (b) whether the offender consents to the information being made available or given to the representative.