Criminal Law Amendment Act 1945

The chief executive (corrective services) must ensure a detained person is examined at least once every year by 2 psychiatrists appointed by the chief executive (corrective services) to conduct examinations under this section, either generally or of the person.

A detained person must submit to an examination required by the chief executive under subsection (1).

A psychiatrist who conducts an examination of a person under subsection (1) must give the chief executive (corrective services) a report that—

indicates the psychiatrist’s assessment of the level of risk that the person will commit an offence of a sexual nature if released from detention, and the reasons for the assessment; and

includes any other matter the psychiatrist considers relevant.

The psychiatrist must prepare the report on the basis of—

the psychiatrist’s examination and observation of the person; and

any other report or information the psychiatrist considers relevant.

For the purposes of preparing the report, the chief executive (corrective services) must give each psychiatrist any medical, psychiatric, prison or other relevant report or information relating to the person that is in that chief executive’s possession or to which that chief executive has, or may be given, access.

A person in possession of a report or information mentioned in subsection (5) must give a copy of the report or information to the chief executive (corrective services) if asked by that chief executive.

Subsection (6) authorises and requires the person to give the report or information despite any other law to the contrary or any duty of confidentiality attaching to the report or information.

A person giving a report or information under subsection (6) is not liable, civilly, criminally or under an administrative process, for giving the report or information.

If subsection (8) applies to a person giving a report or information, section 22R does not apply to the giving of the report or information.

In this section—psychiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student.