New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 157

157 Notification to victims of reviews and other matters

(1) The Commissioner of Victims Rights must give notice to a victim of a forensic patient whose name is recorded in the Victims Register if--

(a) the forensic patient is due for a mandatory review by the Tribunal, or

(b) an application is made by or for the forensic patient for a review by the Tribunal, or an application is made by or for the forensic patient to the Tribunal, in relation to release or leave of absence, or

(c) the Tribunal makes an order for the release (including the conditional release) of, or granting leave of absence to, the forensic patient or refuses to make an order of that kind, or

(d) the forensic patient ceases to be a forensic patient, or

(e) the forensic patient is unlawfully absent from a mental health facility or other place of detention, or

(f) the forensic patient appeals against a decision of the Tribunal, or

(g) notice is required to be given of a specified matter by regulations made for the purposes of this paragraph.

(2) The notice is to be given subject to and in accordance with the regulations.

(3) Without limiting subsection (2), the notice must contain the following information--

(a) the matter being notified,

(b) that the victim may make a submission to the Tribunal in review proceedings involving the forensic patient,

(c) the form that a submission may take,

(d) the period within which a submission must be made.

(4) The Commissioner is not required to give notice of a matter under this section if--

(a) the matter required to be notified to the victim is included in any other requirement to give notice to the victim under this Act, or

(b) the victim has notified the Commissioner that the victim does not require notice of the matter.

(5) A failure by the Commissioner to comply with this section does not affect the validity of any decision or order made by the Tribunal.