New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 145

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.

(2) A submission may include an application under section 146(2).

(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.

(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.

Note : Among other things that may be considered by the Tribunal is the question of procedural fairness to the forensic patient.

(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.

(6) Without limiting subsection (5), the regulations may make provision for or with respect to the following--

(a) the matters about which a victim may make submissions,

(b) the representation of victims by nominated support persons at hearings conducted for the purpose of a review,

(c) the form of submissions by victims,

(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.

(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 .