Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p4
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/15)
Character Range: 19863–22624

the information.
 (6) However, the applicant must give the offender personally a complete copy of the application:
 (a) if the Attorney‑General later decides not to take any of the actions referred to in any of paragraphs (5)(a) to (d), or after the Attorney‑General takes such action the Court makes an order—within 2 business days of the Attorney‑General's decision or the order (as the case requires); and
 (b) in any case—within a reasonable period before the preliminary hearing referred to in section 105A.6.
Note: For giving the offender documents, see section 105A.15.

105A.6  Appointment of and assessment by relevant expert
 (1) If an application for a continuing detention order is made 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.5(4).
 (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 continuing detention order in relation to the offender.
 (3A) The Attorney‑General, the offender, or a legal representative of the Attorney‑General 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 if the offender is released into the community; and
 (b) provide a report of the expert's assessment to the Court, the Attorney‑General and the offender.
Note: For giving the offender documents, 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) None of the following is admissible in evidence against the offender in criminal or civil proceedings:
 (a) the answer to a question or information given at the assessment;
 (b) answering a question or giving information at the assessment.
 (6) The Court must ensure that the effect of subsections (5) and (5A) and paragraph 105A.8(1)(b) 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 if the offender is released into the community;
 (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