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—