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MENTAL HEALTH ACT 2016 - SECT 95 Authorised psychiatrist must prepare psychiatrist report

MENTAL HEALTH ACT 2016 - SECT 95

Authorised psychiatrist must prepare psychiatrist report

95 Authorised psychiatrist must prepare psychiatrist report

(1) An authorised psychiatrist who is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence must prepare the report within 60 days after the requirement is made or the direction given.
(2) The chief psychiatrist may extend the period mentioned in subsection (1) to not more than 90 days after the requirement is made or the direction given.
(3) In preparing the psychiatrist report, the authorised psychiatrist must—
(a) examine the person; and
(b) obtain and consider health records for the person relevant to the examination of the person; and
(c) consider any information obtained under section 96 .
(4) Also, the authorised psychiatrist may obtain and consider any other information the authorised psychiatrist considers relevant to preparing the psychiatrist report.
(5) The psychiatrist report must include information about the following—
(a) the person’s mental state and, to the extent practicable, the person’s mental state when the serious offence was allegedly committed;
(b) whether the authorised psychiatrist considers the person was of unsound mind when the serious offence was allegedly committed;
(c) whether the authorised psychiatrist considers the person is fit for trial;
(d) if the authorised psychiatrist considers the person is unfit for trial—whether the authorised psychiatrist considers the unfitness for trial is permanent.
(6) Also, the psychiatrist report may include information about the matters mentioned in subsection (5) in relation to an associated offence.
(7) The authorised psychiatrist must give the chief psychiatrist a copy of the report as soon as practicable after it is prepared.