Mental Health Act 2016
sec.743Restrictions on disclosing victim impact statement
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sec.743 Restrictions on disclosing victim impact statement
The tribunal must not disclose the victim impact statement to the person the subject of the review unless the victim or close relative asks that the statement be disclosed to the person. Despite a request mentioned in subsection (1) , the tribunal may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person. A person must not contravene an order made under subsection (2) unless the person has a reasonable excuse. Maximum penalty—200 penalty units. This section does not prevent the tribunal disclosing the victim impact statement to a lawyer of the person the subject of the review if satisfied the disclosure is in the best interests of the person. Subject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person. The person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse. Maximum penalty—200 penalty units. In this section— lawyer , of a person, includes another representative of the person. (sec.743-ssec.1) The tribunal must not disclose the victim impact statement to the person the subject of the review unless the victim or close relative asks that the statement be disclosed to the person. (sec.743-ssec.2) Despite a request mentioned in subsection (1) , the tribunal may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person. (sec.743-ssec.3) A person must not contravene an order made under subsection (2) unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (sec.743-ssec.4) This section does not prevent the tribunal disclosing the victim impact statement to a lawyer of the person the subject of the review if satisfied the disclosure is in the best interests of the person. (sec.743-ssec.5) Subject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person. (sec.743-ssec.6) The person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse. Maximum penalty—200 penalty units. (sec.743-ssec.7) In this section— lawyer , of a person, includes another representative of the person.