New South Wales Consolidated Acts

COMMUNITY PROTECTION ACT 1994 - SECT 21

21 Reports to be prepared

(1) While a preventive detention order is in force:

(a) the assessor or assessors appointed for the detainee, and

(b) the Commissioner of Corrective Services,

are to make reports to the Director of Public Prosecutions on the detainee’s condition and progress.

(2) Reports under this section must be prepared:

(a) at least once during the period for which the preventive detention order is in force, and

(b) whenever else the Director of Public Prosecutions so requires.

(3) A report prepared by an assessor or by the Commissioner of Corrective Services must contain particulars with respect to the following matters:

(a) a description of the general behaviour of the detainee during the period to which the report relates,

(b) an opinion as to whether or not the detainee is still more likely than not to commit a serious act of violence,

(c) an opinion as to whether or not it is still appropriate, for the protection of a particular person or persons or the community generally, that the person be held in custody,

(d) an opinion as to whether the detainee should remain in the prison in which the detainee is currently detained or be transferred to another prison.

(4) A report prepared by an assessor must also contain particulars with respect to the following matters:

(a) a description of the current state of the detainee’s medical, psychiatric and psychological condition,

(b) a description of any medical, psychiatric or psychological treatment made available to the detainee during the period to which the report relates,

(c) a description of any medical, psychiatric or psychological treatment undergone by the detainee during the period to which the report relates,

(d) an opinion as to whether any medical, psychiatric or psychological treatment (whether of the same kind as that made available during the period to which the report relates or of another kind) should be made available to the detainee during the remainder of the period for which the detention order is in force.

(5) Particulars of an opinion must include particulars of the grounds on which the opinion is formed.