sec.9AAVictim’s submission relating to division 3 order

### sec.9AA Victim’s submission relating to division 3 order As soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the chief executive must give written notice of the application and hearing date to the following eligible person— subject to paragraph (b) , the actual victim of the serious sexual offence for which the prisoner is 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. 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 division 3 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 notice given to the person under subsection (3) —the submission; or information that the eligible person has not given a submission in response to the notice. 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 9AA ins 2007 No. 35 s 2A amd 2010 No. 34 s 5 (sec.9AA-ssec.1) As soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the chief executive must give written notice of the application and hearing date to the following eligible person— subject to paragraph (b) , the actual victim of the serious sexual offence for which the prisoner is 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.9AA-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 division 3 order or conditions of release to which the prisoner should be subject; and any other matters prescribed under a regulation. (sec.9AA-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.9AA-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 notice given to the person under subsection (3) —the submission; or information that the eligible person has not given a submission in response to the notice. (sec.9AA-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 actual victim of the serious sexual offence for which the prisoner is 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 person’s views about any division 3 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 notice given to the person under subsection (3) —the submission; or - (b) information that the eligible person has not given a submission in response to the notice.