Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision F - Miscellaneous  

SECTION 105A.18D   AFP Minister may direct terrorist offenders to be assessed  

(1)    
The AFP Minister may direct any of the following terrorist offenders to be subject to an assessment of the risk of the person committing a serious Part 5.3 offence:

(a)    a terrorist offender in relation to whom an application for a post-sentence order could be made;

(b)    a terrorist offender in relation to whom a post-sentence order is in force.

(2)    
The AFP Minister may appoint a relevant expert to conduct the assessment, and provide a report, for the purposes of determining whether:

(a)    an application for a post-sentence order or interim post-sentence order in relation to the offender should be made; or

(b)    an application for a variation or review of a post-sentence order or interim post-sentence order in relation to the offender should be made.

(3)    
The relevant expert who is appointed must:

(a)    conduct an assessment of the risk of the offender committing a serious Part 5.3 offence; and

(b)    provide a report of the expert ' s assessment to the AFP Minister.

Note:

For giving documents to a terrorist offender who is in prison, see section 105A.15 .

Attendance and participation at assessment

(4)    
The offender must attend the assessment.

Note:

The assessment may be conducted over a number of sessions.

(5)    
The answer to a question or information given at the assessment, and answering a question or giving information at the assessment, are not admissible in evidence against the offender in:

(a)    any criminal proceedings, except any proceedings relating to sentencing for an offence against Division 104 or this Division (including any appeal in relation to those proceedings); or

(b)    any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings).

(6)    
The AFP Minister must ensure that the effect of subsections (4) , (5) and (8) is explained to the offender.

Contents of report

(7)    
The expert ' s report may include any one or more of the following matters:

(a)    the expert ' s assessment of the risk of the offender committing a serious Part 5.3 offence;

(b)    reasons for that assessment;

(c)    the pattern or progression to date of behaviour on the part of the offender in relation to serious Part 5.3 offences, and an indication of the nature of any likely future behaviour on the offender ' s part in relation to serious Part 5.3 offences;

(d)    efforts made to date by the offender to address the causes of the offender ' s behaviour in relation to serious Part 5.3 offences, including whether the offender has actively participated in any rehabilitation or treatment programs;

(e)    if the offender has participated in any rehabilitation or treatment programs - whether or not this participation has had a positive effect on the offender;

(f)    any relevant background of the offender, including developmental and social factors;

(g)    factors that might increase or decrease any risks that have been identified of the offender committing a serious Part 5.3 offence;

(h)    any other matters the expert considers relevant.

Assessments conducted for certain purposes

(8)    
Without limiting subsection (5) , an assessment of an offender conducted under paragraph (3)(a) , and the report of the assessment, may be taken into account:

(a)    by the Minister in determining whether to make any application for a post-sentence order or interim post-sentence order, or any application for a variation or review of a post-sentence order or interim post-sentence order, in relation to the offender; and

(b)    by the Court in proceedings to make or vary any post-sentence order or interim post-sentence order, or to review any post-sentence order, in relation to the offender.