156ACommissioner of Victims Rights to notify victims of forensic patients or notifiable family members about Victims Register

156A Commissioner of Victims Rights to notify victims of forensic patients or notifiable family members about Victims Register

156A Commissioner of Victims Rights to notify victims of forensic patients or notifiable family members about Victims Register

(1) As soon as practicable after becoming aware of an eligible victim, the Commissioner of Victims Rights must notify the eligible victim of the following matters—

(a) that the Commissioner keeps the Victims Register,

(b) that the person is, on request, eligible to be included in the Victims Register in relation to the forensic patient and the offence,

(c) other matters prescribed by the regulations for this section about the following—

(i) eligibility for being included in the Victims Register,

(ii) the process for being included in the Victims Register,

(iii) the effect of being included in the Victims Register.

(2) However, if the eligible victim is under an incapacity or is less than 18 years of age, the Commissioner of Victims Rights must give notice of the matters under subsection (1) to at least 1 notifiable family member of the eligible victim known to a prosecuting authority instead of the eligible victim.

(3) Despite subsection (2), if the eligible victim is 16 or 17 years old, the Commissioner of Victims Rights may direct that notice under subsection (1) be given 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 of Victims Rights must consider the eligible victim’s individual circumstances.

(5) The Commissioner of Victims Rights is not required to notify the person of a matter under this section if—

(a) the Commissioner does not have sufficient information to enable the Commissioner to notify the person of the matter despite having taken reasonable steps to ascertain the information from a prosecuting authority, or

Example—

The Commissioner does not know, and cannot reasonably ascertain, the person’s identity or the person’s full or correct contact details.

(b) the Commissioner is aware, on reasonable grounds, the person does not wish to be included in or contacted about the Victims Register in relation to the forensic patient and the offence, or