sec.332Registered health practitioner obtaining information from Mental Health Court

sec.332 Registered health practitioner obtaining information from Mental Health Court

This section applies if— a person (the charged person ) has been charged with, but not convicted of— a serious offence or a disqualifying offence; or an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health. The chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person. The written notice must state the following— the reasons for the chief executive’s request; that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application. If the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner. However, information or documents given under this section must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health. Also, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health. If the chief executive is given information under this section to give to the registered health practitioner, the chief executive— must give the information to the registered health practitioner as soon as possible; and must not use the information for any purpose other than giving it to the registered health practitioner. The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section. Without limiting subsection (8) — information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; and this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 . A decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160 (2) for leave of the court to give the report to the registered health practitioner. s 332 ins 2010 No. 5 s 58 amd 2014 No. 28 ss 55 , 56 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 92 (sec.332-ssec.1) This section applies if— a person (the charged person ) has been charged with, but not convicted of— a serious offence or a disqualifying offence; or an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health. (sec.332-ssec.2) The chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person. (sec.332-ssec.3) The written notice must state the following— the reasons for the chief executive’s request; that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application. (sec.332-ssec.4) If the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner. (sec.332-ssec.5) However, information or documents given under this section must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health. (sec.332-ssec.6) Also, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health. (sec.332-ssec.7) If the chief executive is given information under this section to give to the registered health practitioner, the chief executive— must give the information to the registered health practitioner as soon as possible; and must not use the information for any purpose other than giving it to the registered health practitioner. (sec.332-ssec.8) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section. (sec.332-ssec.9) Without limiting subsection (8) — information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; and this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 . (sec.332-ssec.10) A decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160 (2) for leave of the court to give the report to the registered health practitioner.