Australian Capital Territory Current Acts

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VICTIMS OF CRIME ACT 1994 - SECT 17E

Victims may give statement to ACAT for mental health orders etc

    (1)     This section applies if the ACAT is considering making any of the following orders for an offender:

        (a)     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)     The following people may appear and give evidence at the hearing in relation to the order or provide a statement to the ACAT in relation to the order:

        (a)     a victim who is a registered affected person for an offence committed or alleged to have been committed by the offender;

        (b)     another victim with the leave of the ACAT.

Note 1     In making a mental health order, the ACAT must take into account the views of people appearing in the proceeding (see Mental Health Act 2015

, s 56). In making a forensic mental health order, the ACAT must take into account any statement by a registered affected person and the views of people appearing in the proceeding (see Mental Health Act 2015

, s 99).

Note 2     Certain hearings under the Mental Health Act 2015

must be held in private (see that Act

, s 194).

Note 3     A victim can only be a registered affected person in relation to an offender who is a forensic patient.



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