Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision C - Making post-sentence orders  

SECTION 105A.6   Appointment of and assessment by relevant expert  

(1)    

If an application for a post-sentence order is made under section 105A.5 to a Supreme Court of a State or Territory in relation to a terrorist offender, the Court must hold a preliminary hearing to determine whether to appoint one or more relevant experts.

(2)    

The hearing must be held within 28 days after a copy of the application is given to the offender under subsection 105A.14A(2) .

(3)    

The Court may, either at the preliminary hearing or at any later time in the proceeding, appoint one or more relevant experts if the Court considers that doing so is likely to materially assist the Court in deciding whether to make a post-sentence order in relation to the offender.

(3A)    
The AFP Minister, the offender, or a legal representative of the AFP Minister or offender, may nominate one or more relevant experts for the purposes of subsection (3) .

(4)    
The relevant expert who is appointed must:

(a) conduct an assessment of the risk of the offender committing a serious Part 5.3 offence; and

(b) provide a report of the expert ' s assessment to the Court, the AFP Minister and the offender.

Note:

For giving documents to a terrorist offender who is in custody, see section 105A.15 .

Attendance and participation at assessment

(5)    
The offender must attend the assessment.

Note:

The assessment may be conducted over a number of sessions.

(5A)    

The answer to a question or information given at the assessment, and answering a question or giving information at the assessment, are not admissible in evidence against the offender in:

(a)    any criminal proceedings, except any proceedings relating to sentencing for an offence against Division 104 or this Division (including any appeal in relation to those proceedings); or

(b)    any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings).

(6)    

The Court must ensure that the effect of subsections (5) , (5A) and (9) is explained to the offender.

Contents of report

(7)    
The expert ' s report may include any one or more of the following matters:

(a) the expert ' s assessment of the risk of the offender committing a serious Part 5.3 offence;

(b) reasons for that assessment;

(c) the pattern or progression to date of behaviour on the part of the offender in relation to serious Part 5.3 offences, and an indication of the nature of any likely future behaviour on his or her part in relation to serious Part 5.3 offences;

(d) efforts made to date by the offender to address the causes of his or her behaviour in relation to serious Part 5.3 offences, including whether he or she has actively participated in any rehabilitation or treatment programs;

(e) if the offender has participated in any rehabilitation or treatment programs - whether or not this participation has had a positive effect on him or her;

(f) any relevant background of the offender, including developmental and social factors;

(g) factors that might increase or decrease any risks that have been identified of the offender committing a serious Part 5.3 offence;

(h) any other matters the expert considers relevant.

Other relevant experts

(8)    
This section does not prevent the AFP Minister, the offender, or a legal representative of the AFP Minister or offender, from calling his or her own relevant expert as a witness in the proceeding.

Assessments conducted for certain purposes

(9)    

Without limiting subsection (5A) , an assessment of an offender conducted under paragraph (4)(a) , and the report of the assessment, may be taken into account in proceedings to make or vary any post-sentence order or interim post-sentence order, or to review any post-sentence order, in relation to the offender.