Australian Capital Territory Current Acts

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VICTIMS OF CRIME ACT 1994 - SECT 15CD

Harm statement—form and contents

    (1)     A harm statement may, but need not, identify the victim to whom the statement relates, but must not identify the victim if the victim does not wish to be identified in the statement.

    (2)     However, if the statement does not identify the victim, the therapeutic support panel must—

        (a)     be told the identity of the victim; and

        (b)     not disclose the identity to any other person.

    (3)     If the person who makes the statement is not the victim (or the victim's representative)—

        (a)     the statement must indicate that the victim does not object to the statement being made to the therapeutic support panel; and

        (b)     if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the panel, to verify that the victim does not object.

    (4)     If the victim to whom the statement relates is not a primary victim, the statement must identify the primary victim and state the nature and length of the victim's relationship with the primary victim.

    (5)     If the statement is made by a person who is not the victim, the statement must indicate the nature and length of the person's relationship with the victim.

    (6)     The statement may state the circumstances of the harmful behaviour, and the harm suffered by the victim.

    (7)     The statement may contain photographs, drawings or other images.

    (8)     The statement must not contain anything that is offensive, threatening, intimidating or harassing.

    (9)     This section does not prevent a harm statement being made in relation to more than 1 victim.



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