282AResponsible agency to notify eligible victims or notifiable family members about Victims Register

#### 282A Responsible agency to notify eligible victims or notifiable family members about Victims Register 282A 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 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, under section 280(1), a family representative of the eligible victim would 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 circumstances prescribed by the regulations under section 280(1)(c)—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 Commissioner may direct that notice be given under subsection (1) 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 Commissioner 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 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 as— > > > > > > > (i) a victim of the serious offender in relation to the offence, or > > > > > > > (ii) the family representative of a victim of the serious offender in relation to 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 relevant serious offender in relation to an offence for which the offender was sentenced on or after the commencement of this section, and > > > > > (b) is, if the person were to make a request under section 279(2), required to be recorded in the Victims Register as a victim of the serious 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 Commissioner 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. > > > > relevant serious offender means the following serious offenders— > > > > > (a) an offender who is serving a sentence for life, > > > > > (b) an offender who is serving a sentence for which a non-parole period has been set in accordance with the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), Schedule 1, > > > > > (c) an offender who is serving a sentence, or one of a series of sentences, of imprisonment, where the term of the sentence, or the combined terms of all of the sentences in the series, is such that the offender will not become eligible for release from custody, including release on parole, until the offender has spent at least 12 years in custody, > > > > > (d) an offender who has been convicted of murder and who is subject to a sentence in relation to the conviction. > > > > responsible agency means the government agency responsible, from time to time, under section 282(1) for keeping the Victims Register. > > **s 282A:** Ins 2025 No 27, Sch 2.