Page 1698 - Week 06 - Thursday, 23 July 2020

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Schedule of amendments

Schedule 1

Victims Rights Legislation Amendment Bill 2020

Amendments moved by the Minister for Justice, Consumer Affairs and Road Safety

Clause 30

Proposed new section 16M (1)

Page 43, line 3—

omit

a victim of the offender

substitute

a registered affected victim of the offender

Clause 30

Proposed new section 16M (2)

Page 43, line 11—

omit

a victim of the offender

substitute

a registered affected victim of the offender

Clause 30

Proposed new section 16M (2), note

Page 43, line 15—

omit the note, substitute

Note 1 The Mental Health Act 2015, s 134 sets out information in relation to a forensic patient that must be disclosed to a registered affected person if a mental health order has been made (see that Act, s 134 (2)). Other information may be disclosed if necessary for the registered affected person’s safety and wellbeing (see that Act, s 134 (3). However, identifying information about a child, or a person who was a child when the offence was committed or alleged to have been committed, may only be given in certain circumstances (see that Act, s 134 (4)).

Note 2 Th e ACAT need not give the information mentioned in this section to the victim if another justice agency has already given the information to the victim (see s 14E (2) (b)).

Clause 30

Proposed new section 16M (3), definition of offender, new note

Page 43, line 19—

insert

Note A victim can only be a registered affected person in relation to an offender who is a forensic patient.

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