Victorian Current Acts Victorian Current Acts(1) Before making a parole order under section 74, the Board—
(a) must consider any victim submission it receives in relation to the matter being determined; and
(b) may, in its absolute discretion, give that submission such weight as the Board sees fit in determining to make a parole order.
(2) The Board must not release a victim submission to the prisoner in relation to whom the parole order is being determined unless—
(a) the release of the submission is, in the opinion of the Board, essential in the interests of fairness and justice; and
(b) before releasing the victim submission, the Board has asked the person who made the victim submission whether he or she—
(i) consents to the submission being released to the prisoner; or
(ii) wishes to amend the submission so that it can be released to the prisoner; or
(iii) wishes to withdraw the submission.
(3) If a person who made a victim submission does not consent to the submission being released to the prisoner, amend the submission so that it can be released to the prisoner or withdraw the submission when asked to do so by the Board under subsection (2)(b), the Board—
(a) must not release the victim submission to the prisoner; and
(b) in considering the victim submission when determining to make a parole order, may reduce the weight it would otherwise have given to the submission if the person who made it had complied with subsection (2)(b).
S. 75 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(h)), 56/1989 s. 286(Sch. 2 item 6) (as amended by No. 93/1990 s. 24(h)(iv)), 45/1996 s. 17(Sch. 1 item 48), 48/2006 s. 42(Sch. item 8.5).