Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VICTIMS OF CRIME ACT 1994 - SECT 16M

ACAT to tell victims about mental health orders etc

    (1)     If the ACAT is considering making any of the following orders for an offender, the ACAT must, as soon as practicable, tell a registered affected victim of the offender that the ACAT is considering making the order:

        (a)     if section 16L (1) or (2) applies to the offender—a mental health order;

        (b)     a forensic mental health order;

        (c)     an order under the Mental Health Act 2015

, section 180 to release the offender from custody.

    (2)     If the ACAT makes an order mentioned in subsection (1) for an offender, the ACAT must, as soon as practicable, tell a registered affected victim of the offender

        (a)     that the order has been made; and

        (b)     the nature and length of the order.

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     The 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)).

    (3)     In this section:

"offender"—see section 16L (3).

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

    "registered affected victim", of an offender, means a victim who is a registered affected person for an offence committed or alleged to have been committed by the offender.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback