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HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 28 - SECT 34

34 Amendment of s 284 (Submission and consideration of relevant material by non-party)

(1) Section 284, heading, 'relevant material by non-party'--

omit, insert--

'material from victim or concerned person etc.'.

(2) Section 284(1)--

omit, insert--

'(1) In making a decision on a reference, the Mental Health Court may take into account material submitted by a victim of the alleged offence to which the reference relates or another person who is not a party to the hearing of the reference (concerned person) if the material is sworn.

'(1A) The purpose of submitting the material is to help the court in making a decision on the reference, including, for example, deciding--

(a) whether the person to whom the reference relates was of unsound mind when the alleged offence was allegedly committed; or
(b) whether the person to whom the reference relates is unfit for trial; or
(c) whether to make a forensic order; or
(d) whether to order, approve or revoke limited community treatment; or
(e) what conditions the court should impose on an order or approval for limited community treatment.

'(1B) The material may include the views of the person submitting the material about--

(a) the behaviour of the person to whom the reference relates and the impact of the behaviour on the person submitting the material; or
(b) the risk the person submitting the material believes the person to whom the reference relates represents to the person submitting the material or another person; or
(c) any other matter relevant to the decision of the court on the reference.

'(1C) If the court takes the material into account, it may place the weight it considers appropriate on the material.'.

(3) Section 284(5), after 'person'--

insert--

'submitting the material under subsection (1)'.



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