Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision C - Making community safety orders  

SECTION 395.9   Appointment of and assessment by relevant expert  

(1)    
If an application for a community safety order is made under section 395.8 to a Supreme Court of a State or Territory in relation to a serious offender, the Court must hold a preliminary hearing to determine whether to appoint one or more relevant experts.

(2)    
The hearing must be held within 28 days after a copy of the application is given to the offender under subsection 395.29(2) .

(3)    
The Court may, either at the preliminary hearing or at any later time in the proceeding, appoint one or more relevant experts if the Court considers that doing so is likely to materially assist the Court in deciding whether to make a community safety order in relation to the offender.

(4)    
The Immigration Minister or the offender, or a legal representative of the Immigration Minister or the offender, may nominate one or more relevant experts for the purposes of subsection (3) .

(5)    
The relevant expert who is appointed must:

(a)    conduct an assessment of the risk of the offender committing a serious violent or sexual offence; and

(b)    provide a report of the expert ' s assessment to the Court, the Immigration Minister and the offender.

Note:

For giving documents to a serious offender who is detained in custody, see section 395.33 .

Attendance and participation at assessment

(6)    
The offender must attend the assessment.

Note:

The assessment may be conducted over a number of sessions.

(7)    
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 this Division (including any appeal in relation to those proceedings); or

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

(8)    
The Court must ensure that the effect of subsections (6) , (7) and (11) is explained to the offender.

Contents of report

(9)    
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 violent or sexual 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 violent or sexual offences, and an indication of the nature of any likely future behaviour on the offender ' s part in relation to serious violent or sexual offences;

(d)    efforts made to date by the offender to address the causes of the offender ' s behaviour in relation to serious violent or sexual 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 violent or sexual offence;

(h)    any other matters the expert considers relevant.

Other relevant experts

(10)    
This section does not prevent the Immigration Minister or the offender, or a legal representative of the Immigration Minister or the offender, from calling their own relevant expert as a witness in the proceeding.

Assessments conducted for certain purposes

(11)    
Without limiting subsection (7) , an assessment of an offender conducted under paragraph (5)(a) , and the report of the assessment, may be taken into account in proceedings to make, vary or review any community safety order in relation to the offender.