Section 21A Crimes (Serious Sex Offenders) Act 2006 | Victim statements for supervision and detention orders


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The Legislation

Section 21A of the Crimes (Serious Sex Offenders) Act 2006 relates to Victim statements for supervision and detention orders and is extracted below.

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21A Victim statements

(1) As soon as practicable after an application for an order under this Act is made in respect of an offender, the person acting on behalf of the State of New South Wales for the purposes of the application must take such steps as are reasonable to ensure that written notice of the application is given to:
(a) each victim of the offender, or
(b) if any such victim is under 18 years of age or lacks legal capacity–that victim’s parent or guardian.

(2) The notice must inform the person that the person may provide, before the date stated in the notice, a written statement setting out:
(a) the person’s views about the order and any conditions to which the order may be subject, and
(b) any other matters prescribed by the regulations.

(3) It is sufficient for the notice to be sent to the person at the person’s last known address as recorded in the Victims Register.

(4) Any statement received before the final hearing date in respect of the application may be placed before the Supreme Court for consideration in respect of the application. (5) A person who makes a statement may amend or withdraw the statement. (6) The Supreme Court and the State of New South Wales must not disclose a statement to the offender to which the application relates unless the person who made the statement consents to the disclosure. (7) If consent is not provided the Supreme Court may: (a) reduce the weight given to the statement, and (b) take reasonable steps to disclose to the offender, or the offender’s legal representative, the substance of the statement but only if the Court is satisfied that those steps could not reasonably be expected to lead to the identification of the victim or the person who made the statement. (8) In this section:”victim” of an offender means a victim who is recorded on the Victims Register in respect of the offender and who is a victim of an offence committed by the offender for which the offender is currently serving, or most recently served, a sentence of imprisonment.”Victims Register” has the same meaning it has in the Crimes (Administration of Sentences) Act 1999.