280Family representatives of victims

280 Family representatives of victims

280 Family representatives of victims

(1) The family representative of a victim must be recorded in the Victims Register instead of the victim—

(a) if the victim is dead or under an incapacity, or

(b) if the victim is less than 18 years of age, or

(c) in circumstances prescribed by the regulations.

(2) If a victim is 16 or 17 years of age, the Commissioner may direct that the victim is recorded in the Victims Register instead of the family representative of the victim.

(3) In determining whether to record the victim in the Victims Register under subsection (2), the Commissioner must consider the victim’s individual circumstances.

(4) If the family representative of a victim is recorded in the Victims Register under this section, a reference in this Part, other than in this section and section 278, to a victim is to be read as a reference to the family representative.

s 280: Ins 2022 No 1, Sch 1[14].