New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 126

126 Pre-hearing procedures

(1) An application under this Division for an extension order must be served on the forensic patient concerned within 2 business days after the application is filed in the Supreme Court or within any further time that the Supreme Court may allow.

(2) The Minister applying for the extension order must notify the Tribunal as soon as practicable after making the application.

(3) Subject to subsections (7)-(9), the Minister applying for the extension order must disclose to the forensic patient the documents, reports and other information that are relevant to the proceedings on the application (whether or not intended to be tendered in evidence)--

(a) in the case of anything that is available when the application is made, as soon as practicable after the application is made, and

(b) in the case of anything that subsequently becomes available, as soon as practicable after it becomes available.

(4) A preliminary hearing into the application is to be conducted by the Supreme Court within 28 days after the application is filed in the Supreme Court or within any further time that the Supreme Court may allow.

(5) If, following the preliminary hearing, the Supreme Court is satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extension order, the Supreme Court must make orders--

(a) appointing--

(i) 2 qualified psychiatrists, or

(ii) 2 registered psychologists, or

(iii) 2 registered medical practitioners, or

(iv) any combination of 2 persons referred to in subparagraphs (i)-(iii),

to conduct separate examinations of the forensic patient and to give reports to the Supreme Court on the results of those examinations, and

(b) directing the forensic patient to attend those examinations.

(6) If, following the preliminary hearing, the Supreme Court is not satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of an extension order, the Supreme Court must dismiss the application.

(7) A forensic patient in respect of whom an application for an extension order has been made is, unless the Supreme Court otherwise determines, entitled to inspect or otherwise have access to any medical records in the possession of any person relating to the forensic patient.

(8) A representative of the forensic patient is entitled, at any time before or during the proceedings on the application, to inspect or otherwise have access to any medical records in the possession of any person relating to the forensic patient.

(9) Subject to any order or direction of the Supreme Court, in relation to an inspection under subsection (8) of, or other access under that subsection to, any medical record relating to a forensic patient--

(a) if a medical practitioner warns the representative of the forensic patient that it may be harmful to communicate to the forensic patient, or any other person, specified information contained in those medical records, the representative is to have full and proper regard to that warning, and

(b) the representative is not obliged to disclose to the forensic patient any information obtained by virtue of the inspection or other access.