Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 96

96 Information from prosecuting authority

(1) This section applies if—

(a) an administrator of an authorised mental health service is directed under section 91 (1) or 93 (1) (a) to arrange for the preparation of a psychiatrist report about a person in relation to a charge of a serious offence; or

(b) an authorised psychiatrist is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence.

(2) The administrator, authorised psychiatrist or chief psychiatrist may ask the prosecuting authority for the serious offence or associated offence to which the report relates to give the administrator or authorised psychiatrist copies of the documents mentioned in schedule 3 , definition brief of evidence , paragraph (a) relating to the offence.

(3) The prosecuting authority must comply with the request as soon as practicable.

(4) Subsection (2) does not apply to information contained in a document if the prosecuting authority considers—

(a) giving the information could reasonably be expected to—

(i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or

(ii) prejudice an investigation under the Coroners Act 2003 ; or

(iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or

(iv) endanger a person’s life, health or safety; or

(v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and

(b) it would not be in the public interest to give the information.

(5) Also, subsection (2) does not apply to information, contained in a document—

(a) that is sensitive evidence under the Criminal Code , section 590AF ; or

(b) that the prosecution would be prevented under another Act or law from giving to the accused person or a lawyer acting for the accused person during a proceeding for the offence; or

(c) identifying witnesses to the alleged commission of the offence; or

(d) consisting of contact details for witnesses to the alleged commission of the offence.

(6) The duty imposed on the prosecuting authority to comply with the request applies only to documents in the possession of the prosecuting authority or to which the prosecuting authority has access.

(7) In complying with the request, the prosecuting authority may delete from a copy of a document given to the administrator, authorised psychiatrist or chief psychiatrist any information mentioned in subsection (4) or (5) .

Example—

If a document includes the name of a witness to the alleged commission of the offence, or information from which the witness could be identified, the prosecuting authority may delete the name or information from a copy of the document given to the administrator, authorised psychiatrist or chief psychiatrist.