sec.21AVictim’s submission relating to further order

### sec.21A Victim’s submission relating to further order As soon as practicable after the court sets a date for the hearing for making its final decision under section 22 in relation to the prisoner, the chief executive must give written notice ( hearing notice ) of the issue of the warrant and hearing date to the following eligible person— subject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment; if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian. However, subsection (1) does not apply if— the chief executive has already given the eligible person a hearing notice for the prisoner; and the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner. The notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating— the person’s views about any further order or conditions of release to which the prisoner should be subject; and any other matters prescribed under a regulation. It is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register. The chief executive must, before the hearing, give the Attorney-General— if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or information that the eligible person has not given a submission in response to a hearing notice; or information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner. The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date. s 21A ins 2007 No. 35 s 5A amd 2010 No. 34 s 19 (sec.21A-ssec.1) As soon as practicable after the court sets a date for the hearing for making its final decision under section 22 in relation to the prisoner, the chief executive must give written notice ( hearing notice ) of the issue of the warrant and hearing date to the following eligible person— subject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment; if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian. (sec.21A-ssec.1A) However, subsection (1) does not apply if— the chief executive has already given the eligible person a hearing notice for the prisoner; and the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner. (sec.21A-ssec.2) The notice must invite the eligible person to give to the chief executive, before the date stated in the notice, a written submission stating— the person’s views about any further order or conditions of release to which the prisoner should be subject; and any other matters prescribed under a regulation. (sec.21A-ssec.3) It is sufficient compliance with subsection (1) for the chief executive to give the notice to the eligible person at the eligible person’s last-known address recorded in the eligible persons register. (sec.21A-ssec.3A) The chief executive must, before the hearing, give the Attorney-General— if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or information that the eligible person has not given a submission in response to a hearing notice; or information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner. (sec.21A-ssec.4) The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date. - (a) subject to paragraph (b) , the person mentioned in section 9AA (1) (a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment; - (b) if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian. - (a) the chief executive has already given the eligible person a hearing notice for the prisoner; and - (b) the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner. - (a) the person’s views about any further order or conditions of release to which the prisoner should be subject; and - (b) any other matters prescribed under a regulation. - (a) if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or - (b) information that the eligible person has not given a submission in response to a hearing notice; or - (c) information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.