Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 154

    (1)     Before giving an offender any direction under a supervision order or interim supervision order , the Authority—

        (a)     must consider whether it is appropriate for it to consider victim submissions in relation to the matter to be determined, having regard to the conditions of the supervision order or interim supervision order; and

        (b)     if it considers it appropriate—

              (i)     must consider any victim submission it receives in relation to the matter being determined; and

              (ii)     may, in its absolute discretion, give that submission the weight that the Authority sees fit in determining whether to give a direction.

    (2)     The Authority must not release a victim submission to the offender in relation to whom the direction is being determined unless—

        (a)     the release of the submission is, in the opinion of the Authority, essential in the interests of fairness and justice; and

        (b)     before releasing the victim submission, the Authority has asked the person who made the victim submission whether the person—

              (i)     consents to the submission being released to the offender; or

              (ii)     wishes to amend the submission so that it can be released to the offender; or

              (iii)     wishes to withdraw the submission.

    (3)     If a person who made a victim submission does not—

        (a)     consent to the submission being released to the offender; or

        (b)     amend the submission so that it can be released to the offender; or

        (c)     withdraw the submission—

when the person is asked whether the person wishes to do so by the Authority under subsection (2)(b), the Authority—

        (d)     must not release the victim submission to the offender; and

        (e)     in considering the victim submission when determining to give a direction, may reduce the weight it would otherwise have given to the submission if the person who made it had complied with subsection (2)(b).

    (4)     Despite subsections (2) and (3), the Authority may take reasonable steps to disclose to the offender, or the offender's legal representative, the substance of the victim submission if the Authority is satisfied that those steps would not reasonably lead to the identification of the victim who made the submission.

Part 12—Contravention of supervision order or interim supervision order

Division 1—Holding power if imminent risk of contravention