New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 30N

30N Victim impact statements in mental health and cognitive impairment forensic proceedings

(1) A victim may request that a court not disclose the whole or part of a victim impact statement received by the court under section 30L to the accused person or that the statement not be read out to the court.

(2) The court is to agree to a request of a victim not to disclose the whole or part of a victim impact statement to the accused person or that a statement not be read out to the court unless the court considers that it is not in the interests of justice to agree to the request.

Note : Among other things that may be considered by the court is the question of procedural fairness to the accused person.

(3) This section does not prevent the court from disclosing the whole or part of a victim impact statement to an Australian legal practitioner representing the accused person, on the condition that the statement is not to be disclosed to any other person, if the court is satisfied that it is in the interests of justice to do so.

(4) The court is required to give a copy of the victim impact statement to the Mental Health Review Tribunal constituted by the Mental Health Act 2007 , in accordance with the regulations, as soon as practicable after the court makes a decision that results in the accused person becoming a forensic patient within the meaning of that Act.

(5) The regulations may make provision for or with respect to the requirements and procedures for victim impact statements in proceedings under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 .