11BAVulnerability of victims to be taken into account when sentencing offenders

### 11BA Vulnerability of victims to be taken into account when sentencing offenders > [*\[Section 11BA Inserted by No. 33 of 2025, s. 4, Applied:23 Dec 2025\]*](/view/html/inforce/2025-12-23/act-2025-033#GS4@EN) > > > (1)  In determining a sentence for an offence in accordance with this Act, a court must take into account whether the offender selected the victim due to the vulnerability or personal circumstances of the victim, whether actual or as perceived by the offender, including, but not limited to – > > > > > > (a) the race, ethnicity or nationality of the victim; and > > > > > > > (b) the age of the victim; and > > > > > > > (c) the religious belief or affiliation of the victim; and > > > > > > > (d) the language used to communicate by the victim; and > > > > > > > (e) the gender, or gender identity, of the victim; and > > > > > > > (f) the sexual orientation of the victim; and > > > > > > > (g) the sex characteristics of the victim; and > > > > > > > (h) a disability of the victim including, but not limited to, physical, mental, cognitive, intellectual or sensory impairments, whether temporary or long-term; and > > > > > > > (i) the personal relationship between the victim and the offender; and > > > > > > > (j) any other prescribed attribute, or prescribed characteristic, of the victim. > > > (2)  If, in determining a sentence for an offence, a court is satisfied that the offender selected a victim due to the vulnerability or personal circumstances of the victim, whether actual or as perceived by the offender, the court is to consider that selection as an aggravating circumstance in relation to the offence. > > > (3)  This section does not apply in relation to an offence that was committed before the day on which this section commences.