Disclosure and use of application documentation
71 Disclosure and use of application documentation
The State may disclose an expert report concerning an eligible offender—
to a corrective services officer or any other person responsible for the supervision (whether in custody or in the community), treatment or risk assessment of the offender for use solely in providing rehabilitation, care or treatment of the offender, and
to any person in connection with the exercise of the person’s functions under this Act.
An expert report concerning an eligible offender may be disclosed and used in any proceedings in respect of the offender if the court in which the proceedings are brought determines that—
the proceedings are closely related to the proceedings under section 24 or 38 in which the expert report was used, and
it is in the public interest, and
the information would inform the court about the history of the defendant’s mental state with respect to his or her offending.
The disclosure and use of an expert report for a purpose referred to in subsection (1) or (2) is permitted despite this Act or any other law to the contrary or any duty of confidentiality concerning the expert report.
This section does not authorise the further disclosure of an expert report by the person to whom it was disclosed in accordance with this section.
In this section—
disclose an expert report includes the following—
to make available,
to disclose copies, contents or descriptions of the report.
expert report concerning an eligible offender means a report prepared as referred to in section 23 (3) or 37 (4), or received from persons appointed under section 24 (5) or (6) or 38 (5) or (6), concerning an eligible offender who is the subject of an application for an extended supervision order or continuing detention order.
use of an expert report includes use of copies, contents or descriptions of that report.
This Act’s bill:Explanatory memorandumSecond reading speech
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