Ministerial Submission MS24-001562 - Direction Under Division 395 Of The Criminal Code To Attend And Assessment By A Relevant Expert, Cleared On 10 September 2024 ​

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This ministerial submission from September 2024 concerns the appointment of a relevant expert to conduct a pre-assessment under Division 395 of the Criminal Code for an individual (anonymized as s. 47F(1)) who was released from immigration detention following the High Court's NZYQ decision and currently holds a Class WR Bridging R (Subclass 070) visa. The submission seeks ministerial approval to direct the individual to attend an assessment by an expert to evaluate the risk of committing a serious violent or sexual offence, which may inform whether a Community Safety Order should be made. The expert's assessment will occur across multiple sessions and the individual is legally required to attend. The submission addresses the appropriateness of the direction, legal representation provisions under section 395.34 of the Criminal Code, and arrangements for the assessment process.