Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) Before starting an inquiry into an application for the release of an offender on licence, the board must take reasonable steps to give notice of the inquiry to each registered victim of the offender.
(2) The board may give notice of the inquiry to any other victim of the offender if satisfied the circumstances justify giving the victim notice of the inquiry.
(3) For this section, the chief executive may make an arrangement with the board for a public servant—
(a) to assist the board for this section; or
(b) to assist any victim of the offender, or any member of the victim's family, to make a submission, or tell the board about any concern, in accordance with the notice.
Example for s (3)
an arrangement for a victim liaison officer to assist the board or victims
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) If a victim of the offender is a child under 15 years old—
(a) the chief executive may give notice of the inquiry to a person (a relevant person ) who has parental responsibility for the victim under the Children and Young People Act 1999 , section 18; and
(b) a relevant person may make a submission, or tell the board about any concern, in accordance with the notice on behalf of the victim.
(5) Subsection (4) does not limit the cases in which the board may give information to a person acting for a victim or a member of a victim's family.
(6) The notice must include the following:
(a) an invitation to the victim to—
(i) make a written submission to the board about the granting of a licence for the offender, including the likely effect on the victim, or on the victim's family, if the licence were to be granted; or
(ii) tell the board, in writing, about any concern of the victim or the victim's family about the need to be protected from violence or harassment by the offender;
(b) a statement to the effect that any submission made, or concern expressed, in writing to the board within the period stated in the notice will be considered in recommending to the Attorney-General—
(i) whether a licence should be granted to the offender; and
(ii) if a licence is granted—the conditions (if any) that should be imposed on the licence by the Executive;
(c) information about the offender to assist the victim, or a member of the victim's family, to make a submission, or tell the board about any concern, under paragraph (a);
(d) information about any assistance available to the victim or family member to make the submission, or tell the board about any concern, under paragraph (a).
Examples of information for par (c)
1 the offender's conduct while serving the sentence
2 the core conditions of a licence
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(7) For subsection (6) (b), the period stated must be a reasonable time (not less than 7 days after the day the victim is given the notice) to allow the victim or family member to make a written submission, or express concern, to the board in writing.
(8) The notice may include anything else the board considers appropriate.