sec.329Application of division

sec.329 Application of division

This division applies if— the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children— a serious offence or a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children. For subsection (1) (b) , the chief executive may form the reasonable belief only if— in relation to the charge or conviction mentioned in subsection (1) (a) — the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the person to undertake treatment of a psychiatric nature; or a court has been given a report about the person’s mental health prepared by a registered health practitioner; or the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner. s 329 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 90 (sec.329-ssec.1) This division applies if— the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children— a serious offence or a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children. (sec.329-ssec.2) For subsection (1) (b) , the chief executive may form the reasonable belief only if— in relation to the charge or conviction mentioned in subsection (1) (a) — the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the person to undertake treatment of a psychiatric nature; or a court has been given a report about the person’s mental health prepared by a registered health practitioner; or the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.

• (a) the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children— (i) a serious offence or a disqualifying offence; (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and