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MENTAL HEALTH ACT 2016 - SECT 20
Psychiatrist reports
20 Psychiatrist reports
(1) If a person subject to a treatment authority, forensic order or treatment
support order is charged with a serious offence, the person, or someone on the
person’s behalf, may request that a psychiatrist prepare a report stating
the psychiatrist’s opinion about whether the person— (a) may have been of
unsound mind at the time of the alleged commission of the serious offence; or
(b) may be unfit for trial.
(2) Also, if a person is charged with a serious
offence, whether or not the person is subject to a treatment authority,
forensic order or treatment support order, the chief psychiatrist may direct
that a psychiatrist prepare a report about the matters mentioned in subsection
(1) if the chief psychiatrist considers it is in the public interest.
(3) A
serious offence is an indictable offence, other than an offence that, under
the Criminal Code , must be heard and decided summarily.
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