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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 51
Victim statements
51 Victim statements
(1) As soon as practicable after an application for an order under Part 2 or 3
is made in respect of an eligible offender who is a
convicted NSW terrorist offender or
convicted NSW underlying terrorism offender, the person acting on behalf of
the State for the purposes of the application must take such steps as are
reasonable (or, if the application concerned is for an
emergency detention order, as are practicable in the circumstances) to ensure
that written notice of the application is given to-- (a) each victim of the
offender, or
(b) if any such victim is under 18 years of age or lacks legal
capacity--that victim's parent or guardian.
(2) The notice must inform the
person that the person may make a statement orally before the Supreme Court,
or provide a statement in writing, about-- (a) the person's views about the
order and any conditions to which the order may be subject, and
(b) any other
matters prescribed by the regulations.
(3) It is sufficient for the notice to
be sent to the person at the person's last known address as recorded in the
Victims Register.
(4) A statement in writing must be provided before the date
specified in the notice.
(5) Any statement in writing received before the
final hearing date in respect of the application may be placed before the
Supreme Court for consideration in respect of the application.
(6) An oral
statement may be made at such time during the proceedings on the application
before the Supreme Court makes its decision on the application as the Supreme
Court determines.
(7) The Supreme Court is to hear an oral statement in the
absence of the eligible offender unless the person giving the statement
consents to the offender being present.
(8) The Supreme Court may arrange for
an oral statement to be made by way of closed circuit television.
(9) A
person who makes a statement may amend or withdraw the statement.
(10) The
Supreme Court and the State must not disclose a statement (other than one
given in the presence of the eligible offender in accordance with subsection
(7)) to the offender to which the application relates unless the person who
made the statement consents to the disclosure.
(11) If consent is not
provided the Supreme Court may-- (a) reduce the weight given to the statement,
and
(b) take reasonable steps to disclose to the eligible offender, or the
offender's legal representative, the substance of the statement but only if
the Court is satisfied that those steps could not reasonably be expected to
lead to the identification of the victim or the person who made the statement.
(12) In this section--
"victim" of an eligible offender means a victim who is recorded on the
Victims Register in relation to the offender under the Crimes (Administration
of Sentences) Act 1999 , section 279(2)(d).
"Victims Register" has the same meaning it has in the
Crimes (Administration of Sentences) Act 1999 .
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