(1) Each psychiatrist examining the prisoner must prepare a report under this
section.
(2) The report must indicate—
(a) the psychiatrist’s assessment
of the level of risk that the prisoner will commit another serious sexual
offence—
(i) if released from custody; or
(ii) if released from custody
without a supervision order being made; and
(b) the reasons for the
psychiatrist’s assessment.
(3) For the purposes of preparing the report,
the chief executive must give each psychiatrist any medical, psychiatric,
prison or other relevant report or information in relation to the prisoner in
the chief executive’s possession or to which the chief executive has, or may
be given, access.
(4) A person in possession of a report or information
mentioned in subsection (3) must give a copy of the report or the information
to the chief executive if asked by the chief executive.
(5) Subsection (4)
authorises and requires the person to give the report or information despite
any other law to the contrary or any duty of confidentiality attaching to the
report.
(6) If a person required to give a report or information under
subsection (4) refuses to give the report or information, the chief executive
may apply to the court for an order requiring the person to give the report or
information to the chief executive.
(7) A person giving a report or
information under subsection (4) or (6) is not liable, civilly, criminally or
under an administrative process, for giving the report or information.
(8)
Each psychiatrist must have regard to each report or the information given to
the psychiatrist under subsection (3) .
(9) Each psychiatrist must prepare a
report even if the prisoner does not cooperate, or does not cooperate fully,
in the examination.
