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FORENSIC DISABILITY ACT 2011 No. 13 - SECT 126 126 Evidentiary provisions

FORENSIC DISABILITY ACT 2011 No. 13 - SECT 126

126 Evidentiary provisions

(1) This section applies to a proceeding under or in relation to this Act.

(2) Unless a party, by reasonable notice, requires proof of—

(a) the appointment of any of the following—
(i) the director;
(ii) the director (mental health);
(iii) the administrator;
(iv) a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service;
(v) an authorised officer; or
(b) the authority of a person mentioned in paragraph (a) to do an act under this Act;

the appointment or authority must be presumed.

(3) A signature purporting to be the signature of a person mentioned in subsection (2)(a), is evidence of the signature it purports to be.

(4) A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter—

(a) a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act;
(b) a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act;
(c) on a stated day, or during a stated period, a stated person was or was not a forensic disability client;
(d) a stated place is, or was on a stated day or during a stated period, the forensic disability service;
(e) a stated place is, or was on a stated day or during a stated period, an authorised mental health service;
(f) on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act;
(g) a stated document is a copy of a part of a register kept under this Act.