Matters to which tribunal must have regard
432 Matters to which tribunal must have regard
In making a decision under this part in relation to a review of a forensic order (mental health) or forensic order (disability), the tribunal must have regard to the following—
the relevant circumstances of the person subject to the order;
the nature of the relevant unlawful act and the period of time that has passed since the act happened;
any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;
if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person.
Examples of decisions in relation to a review of a forensic order—
• deciding whether to confirm or revoke the order
• deciding whether to confirm or change the category of the order
• deciding whether the person is to receive any treatment in the community
• deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order
Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.
This Act’s bill:Explanatory memorandumSecond reading speech
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