Mental Health (Compulsory Assessment and Treatment) Act 1992

21 Court may call for report on patient

  • (1) On an application for a compulsory treatment order, the court may, if it is satisfied that it is necessary for the proper disposition of the application, request any person whom it considers qualified to do so to prepare a report on any relevant aspect of the patient's condition.

    (2) In deciding whether or not to request a report under subsection (1), the court may ascertain and have regard to the wishes of the patient and any other party to the proceedings.

    (3) A copy of any report obtained under this section shall be given by the Registrar of the court to the barrister or solicitor for the patient and for each of the other parties to the proceedings or, if any party is not represented by a barrister or solicitor, to that party.

    (4) The court shall order that a copy of a report given to a barrister or solicitor under subsection (3) shall not be given or shown to the person for whom the barrister or solicitor is acting if the court has reason to believe that such disclosure of the contents of the report may pose a serious threat to the health or safety of the patient or of any other person.

    (5) Any party to the proceedings may tender evidence on any matter referred to in any such report.

    (6) The court may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings.

    (7) A court that requests a person to prepare a report must make 1 of the orders described in subsection (8). A court considering whether or not to make an order under subsection (8)(a) must hear the party or parties affected.

    (8) The orders are—

    • (a) an order for the fees and expenses of the person to be paid by any party or parties to the proceedings, as the court orders:

    • (b) an order for the fees and expenses of the person to be met from any appropriation by Parliament for the purpose.

    Section 21(5): substituted, on 1 April 2000, by section 18 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 21(6): substituted, on 1 April 2000, by section 18 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 21(7): substituted, on 1 April 2000, by section 18 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 21(8): added, on 1 April 2000, by section 18 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).