Criminal Law (High Risk Offenders) (Psychologists) Amendment Act 2019 (SA)

South Australia

Criminal Law (High Risk Offenders) (Psychologists) Amendment Act 2019

An Act to amend the Criminal Law (High Risk Offenders) Act 2015.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law (High Risk Offenders) (Psychologists) Amendment Act 2019.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Law (High Risk Offenders) Act 20153Amendment of section 4 – Interpretation

1. (1)

   Section 4(1)—after the definition of interim supervision order insert:

   medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

2. (2)

   Section 4(1)—after the definition of Parole Board insert:

   prescribed authority means the authority prescribed by the regulations for the purposes of sections 7(3) and 21;

   prescribed health professional means—

   1. (a)

      a qualifying psychologist; or

   2. (b)

      a medical practitioner,

   nominated by the prescribed authority;

3. (3)

   Section 4(1)—after the definition of prisoner insert:

   psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

   qualifying psychologist means a psychologist who—

   1. (a)

      has at least 5 years experience as a psychologist; and

   2. (b)

      either—

      1. (i)

         has an endorsement from the Psychology Board of Australia as a forensic psychologist; or

      2. (ii)

         has, in the opinion of the prescribed authority, sufficient experience in the forensic mental health field to properly carry out functions as a prescribed health professional;

4Amendment of section 7 – Proceedings

1. (1)

   Section 7(3)—delete "legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose)" and substitute:

   prescribed health professionals

2. (2)

   Section 7(6)(b)—delete "medical practitioner (as directed and nominated" and substitute:

   prescribed health professional (as directed

5Amendment of section 21 – Inquiries by health professionals

1. (1)

   Section 21—delete "legally qualified medical practitioners (to be nominated by a prescribed authority) to examine the respondent to the application and report to the Court on the results of the examination, each medical practitioner" and substitute:

   prescribed health professionals to examine the respondent to the application and report to the Court on the results of the examination, each prescribed health professional

2. (2)

   Section 21(c)—after "assistance of a" insert:

   medical practitioner,