100AAResponsible agency to notify eligible victims or notifiable family members about Victims Register

#### 100AA Responsible agency to notify eligible victims or notifiable family members about Victims Register 100AA Responsible agency to notify eligible victims or notifiable family members about Victims Register > > (1) As soon as practicable after becoming aware of an eligible victim, the responsible agency must notify the eligible victim of the following matters— > > > > > (a) that the responsible agency keeps the Victims Register, > > > > > (b) that the person is, on request, eligible to be recorded in the Victims Register in relation to the serious young offender and the offence, > > > > > (c) other matters prescribed by the regulations for this section about the following— > > > > > > > (i) eligibility for being recorded in the Victims Register, > > > > > > > (ii) the process for being recorded in the Victims Register, > > > > > > > (iii) the effect of being recorded in the Victims Register. > > > (2) However, if a family representative of the eligible victim would, under section 100A, be required to be recorded in the Victims Register instead of the eligible victim, the responsible agency must give notice of the matters under subsection (1) to the following persons instead of the eligible victim— > > > > > (a) if the eligible victim is dead—each notifiable family member of the eligible victim known to a prosecuting authority, > > > > > (b) if the eligible victim is under an incapacity or is less than 18 years of age—at least 1 notifiable family member of the eligible victim known to a prosecuting authority, > > > > > (c) in any other circumstances prescribed by the regulations under section 100A(5), definition of victim, paragraph (a)(ii)—at least 1 notifiable family member of the eligible victim known to a prosecuting authority. > > > (3) Despite subsection (2)(b), if the eligible victim is 16 or 17 years old, the Secretary may direct that notice under subsection (1) be given to the eligible victim instead of a notifiable family member of the eligible victim. > > > (4) In deciding whether to give a direction under subsection (3), the Secretary must consider the eligible victim’s individual circumstances. > > > (5) The responsible agency is not required to notify a person of a matter under this section if— > > > > > (a) the responsible agency does not have sufficient information to enable the agency to notify the person of the matter despite having taken reasonable steps to ascertain the information from a prosecuting authority, or > > > > > > Example— > > > > > > The responsible agency does not know, and cannot reasonably ascertain, the person’s identity or the person’s full or correct contact details. > > > > > (b) the responsible agency is aware, on reasonable grounds, the person does not wish to be recorded in, or contacted about, the Victims Register in relation to the serious young offender and the offence, or > > > > > > Examples of reasonable grounds— > > > > > > The responsible agency has been informed of the fact by the person or a representative of the person, or has been informed by a prosecuting authority that the person or a representative of the person has informed the authority of the fact. > > > > > (c) the person is already recorded in the Victims Register in relation to the serious young offender and the offence, or > > > > > (d) the responsible agency is aware the person has already been notified of the matter, including because the matter has been included in another notice already given to the person by the agency or another government agency under this Act or another Act. > > > (6) In this section— > > > > eligible victim means a person who— > > > > > (a) is the victim of a serious young offender in relation to an offence for which the young offender was sentenced on or after the commencement of this section, and > > > > > (b) is, if the person were to make a request under section 100A(2), required to be recorded in the Victims Register as a victim of the serious young offender in relation to the offence. > > > > notifiable family member, of an eligible victim, means the following persons— > > > > > (a) the eligible victim’s spouse, > > > > > (b) the eligible victim’s de facto partner who has cohabited with the eligible victim for at least 2 years, > > > > > (c) a parent or legal guardian of the eligible victim, > > > > > (d) a child or step-child of the eligible victim, or some other child of whom the eligible victim is the guardian, > > > > > (e) a sibling or half-sibling of the eligible victim, > > > > > (f) another person approved by the Secretary as being an appropriate person to notify instead of the eligible victim, having regard to the eligible victim’s individual circumstances. > > > > prosecuting authority means— > > > > > (a) the Office of the Director of Public Prosecutions, or > > > > > (b) the NSW Police Force. > > > > responsible agency means the government agency responsible, from time to time, under section 100A(3) for keeping the Victims Register. > > > > serious young offender has the same meaning as in Part 4B. > > **s 100AA:** Ins 2025 No 27, Sch 1.