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Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021
12Disclosure of victims’ submissions by Tribunal
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#### 12 Disclosure of victims’ submissions by Tribunal
12 Disclosure of victims’ submissions by Tribunal
> > (1) The Tribunal may disclose an edited version of a submission by a victim to the legal representative of a forensic patient if—
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> > > (a) the Tribunal determines under section 145 of the Act that a submission is not to be disclosed to a forensic patient, and
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> > > (b) the Tribunal is of the opinion that information contained in the submission should be provided to the legal representative of the patient for reasons of procedural fairness, and
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> > > (c) the legal representative has agreed to the non-disclosure conditions in subclause (2).
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> > (2) The non-disclosure conditions are as follows—
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> > > (a) the edited submission must not be disclosed to the forensic patient without the consent of the Tribunal,
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> > > (b) the following information may be disclosed, but not information identifying the location of the residence or place of work of the victim or the victim’s family or friends or of other places frequented by the victim—
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> > > > (i) information about proposed place restrictions,
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> > > > (ii) general information about the areas the proposed restrictions apply,
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> > > > (iii) the reasons for the victim’s proposal,
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> > > (c) the legal representative must only disclose to the forensic patient general information about the submission of a kind specified by the Tribunal.
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> > (3) The edited version of the submission may be created by the victim or the Tribunal.
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> > (4) Before disclosing an edited version of a submission, the Tribunal must—
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> > > (a) inform the victim of the proposed disclosure, and
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> > > (b) give the victim an opportunity to withdraw or amend the submission, and
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> > > (c) if the edited version is created by the Tribunal—provide the victim with a copy of the edited version and give the victim an opportunity to request amendments to the edited version, and
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> > > (d) if the edited version is created by the victim—give the victim an opportunity to amend the edited version.
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> > (5) If the forensic patient is not represented by a legal representative, the Tribunal may appoint an Australian legal practitioner to act on behalf of the forensic patient for the purposes of this clause.
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> > (6) In this clause—
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> > the Tribunal includes the President or Deputy President of the Tribunal sitting alone.