DRUG LEGISLATION AMENDMENT ACT 2006 No. 8 - SECT 23 23 Insertion of new ss 16A and 16B

DRUG LEGISLATION AMENDMENT ACT 2006 No. 8 - SECT 23

Part 4--

insert--

'(1) When required to do so by a magistrate, the chief executive (health) must arrange for an appropriately qualified health professional to prepare an assessment report for a drug court magistrate about a stated person remanded or required to appear before the drug court magistrate.

'(2) The assessment report must be given to the drug court magistrate within the time allowed under section 16(3) by the magistrate.

'(3) The drug court magistrate must give a copy of the assessment report to--

(a) the prosecuting authority that appeared before the court when the offender was referred for assessment; and

(b) the person's legal representatives; and

(c) the chief executive (corrective services).

'(4) The drug court magistrate must ensure the prosecuting authority and the person's legal representatives have sufficient time before the proceedings to consider and respond to the assessment report.

'(1) The drug court magistrate may order that the assessment report, or part of the assessment report, not be shown to the person.

'(2) A report purporting to be an assessment report made by an appropriately qualified health professional is evidence of the matters contained in it.

'(3) An objection must not be taken or allowed to the evidence on the ground that it is hearsay.'.