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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 71
Disclosure and use of application documentation
71 Disclosure and use of application documentation
(1) The State may disclose an expert report concerning an eligible 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.
(2) An expert report
concerning an eligible offender may be disclosed and used in any proceedings
in respect of the offender if the court in which the proceedings are brought
determines that-- (a) the proceedings are closely related to the proceedings
under section 24 or 38 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 defendant's mental state with respect to his or her offending.
(3) The disclosure and use of an expert report for a purpose referred to in
subsection (1) or (2) is permitted despite this Act or any other law to the
contrary or any duty of confidentiality concerning the expert report.
(4)
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.
(5) 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 eligible offender means a report prepared as
referred to in section 23 (3) or 37 (4), or received from persons appointed
under section 24 (5) or (6) or 38 (5) or (6), concerning an eligible 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.
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