Copies of reports
102 Copies of reports
The chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence to—
the person; and
the administrator of the person’s treating health service; and
for a psychiatrist report prepared on a request under section 90 (the first psychiatrist report) or a second psychiatrist report relating to the first psychiatrist report—the person who made the request.
However, for subsection (1)(a) or (c), if the chief psychiatrist is satisfied that giving a copy of a psychiatrist report, or second psychiatrist report, to the person the subject of the report may adversely affect the person’s health and wellbeing, the chief psychiatrist may instead give a copy of the report to another person who the chief psychiatrist considers has a sufficient interest in the person’s health and wellbeing.
Examples of a person who may have a sufficient interest in the person’s health and wellbeing—
the person’s nominated support person, a lawyer acting for the person, or the person’s personal guardian
A psychiatrist report must be given under subsection (1)—
if a second psychiatrist report is not directed—within 7 days after receiving the psychiatrist report; or
if a second psychiatrist report is directed—within 7 days after receiving the second psychiatrist report.
A second psychiatrist report must be given under subsection (1) within 7 days after receiving the second psychiatrist report.
The administrator of the person’s treating health service must include the copy of the psychiatrist report, or second psychiatrist report, in the person’s health records.
If the matter of the person’s mental state relating to the serious offence is referred to the Mental Health Court, the chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about the person to the Mental Health Court.
Subject to subsections (2) and (6), the chief psychiatrist must not give a copy of a psychiatrist report, or second psychiatrist report, to anyone else without the consent of—
the person the subject of the report; or
the personal guardian or attorney of the person the subject of the report, if giving the consent is within the guardian’s or attorney’s authority.
This Act’s bill:Explanatory memorandumSecond reading speech
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