Queensland Numbered Acts

HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 28 - SECT 41

(1) Section 464, heading, 'relevant material by non-party'--

omit, insert--

'material submitted by victim or concerned person etc.'.

(2) Section 464(1)--

omit, insert--

'(1) In making a decision in a proceeding, the tribunal may take into account material submitted by a victim of the alleged offence to which the proceeding relates or another person who is not a party to the proceeding (concerned person).

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

(a) whether to revoke a forensic order; or

(b) whether to order, approve or revoke limited community treatment; or

(c) what conditions the tribunal 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 conduct of the person to whom the proceeding relates and the impact of the conduct on the person submitting the material; or

(b) the risk the person submitting the material believes the person to whom the proceeding relates represents to the person submitting the material or another person; or

(c) any other matter relevant to the decision of the tribunal in the proceeding.

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

(3) Section 464(4), after 'person'--

insert--

'submitting the material under subsection (1)'.