Evidentiary provisions
126 Evidentiary provisions
This section applies to a proceeding under or in relation to this Act.
Unless a party, by reasonable notice, requires proof of—
the appointment of any of the following—
the director;
the chief psychiatrist;
the administrator;
a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service;
an authorised officer; or
the authority of a person mentioned in paragraph (a) to do an act under this Act;
the appointment or authority must be presumed.
A signature purporting to be the signature of a person mentioned in subsection (2)(a), is evidence of the signature it purports to be.
A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter—
a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act;
a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act;
on a stated day, or during a stated period, a stated person was or was not a forensic disability client;
a stated place is, or was on a stated day or during a stated period, the forensic disability service;
a stated place is, or was on a stated day or during a stated period, an authorised mental health service;
on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act;
a stated document is a copy of a part of a register kept under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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