New South Wales Consolidated Acts

CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 25D

25D Disclosure and use of application documentation

(1) In this section--

"disclose" an expert report includes the following--

(a) to make available,

(b) to disclose copies, contents or descriptions of the report.

"expert report" concerning an offender means a report prepared as referred to in section 6 (3) or 14 (3), or received from persons appointed under section 7 (4) or 15 (4), concerning an 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.

(2) The State may disclose an expert report concerning an offender--

(a) 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

(b) to any person in connection with the exercise of the person's functions under this Act.

(3) An expert report concerning an offender may be disclosed and used in any proceedings in respect of the offender if the court determines that--

(a) the proceedings are closely related to the proceedings under section 7 or 15 in which the expert report was used, and

(b) it is in the public interest, and

(c) the information would inform the court about the history of the offender's mental state with respect to his or her offending.

(4) The disclosure and use of an expert report for a purpose referred to in subsection (2) or (3) is permitted despite this Act or any other law to the contrary or any duty of confidentiality concerning the expert report.

(5) 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.