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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
145Victims and reviews by Tribunal
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#### 145 Victims and reviews by Tribunal
145 Victims and reviews by Tribunal
> > (1) A victim of a forensic patient may make a submission to the Tribunal if the Tribunal is considering the release of or the grant of leave of absence to the forensic patient.
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> > (2) A submission may include an application under section 146(2).
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> > (3) The victim may request the Tribunal not to disclose to the forensic patient the whole or part of a submission made by the victim.
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> > (4) The Tribunal is to agree to a request of a victim not to disclose the whole or part of a submission unless it considers that it is not in the interests of justice to agree to the request.
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> > Note.
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> > Among other things that may be considered by the Tribunal is the question of procedural fairness to the forensic patient.
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> > (5) The regulations may make provision for or with respect to submissions by victims relating to the release of or grant of leave of absence to forensic patients.
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> > (6) Without limiting subsection (5), the regulations may make provision for or with respect to the following—
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> > > (a) the matters about which a victim may make submissions,
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> > > (b) the representation of victims by nominated support persons at hearings conducted for the purpose of a review,
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> > > (c) the form of submissions by victims,
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> > > (d) the disclosure of victims’ submissions to the forensic patient or other persons, including the circumstances in which the Tribunal may determine that, having regard to the interests of justice, non-disclosure is reasonable in the circumstances.
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> > (7) In conducting a review under this Act, the Tribunal is to have regard to the rights of victims in accordance with the Charter of Victims Rights set out in the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037).