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Victims' Rights Act 2002 039
Commenced: 17 December 2002

ANALYSIS

Analysis
Title
1 Title

1: Preliminary provisions 2 Commencement
3 Purpose of Act
4 Interpretation
5 Directions about members of immediate family
6 Act binds the Crown

2: Provisions relating to treatment and rights of victims generally 7 Treatment
8 Access to services
9 Meetings to resolve issues relating to offence
10 Enforceability of principles
11 Information about programmes, remedies, and services
12 Information about proceedings
13 Limits on duties to give information under sections 11 and 12
14 Information may be given to victim's support person
15 Victim's rights under Privacy Act 1993
16 Restriction on giving victim's precise address in evidence or information provided to court
17 Victim impact statements in sentencing of offender
18 Procedure before ascertaining information from victim
19 Form and verification of information ascertained
20 Statements by others disadvantaged by offence
21 Information ascertained to be submitted to judicial officer
22 Victim impact statement defined
23 Offender not to be given statement to keep
24 Return of statements at end of proceedings
25 Judicial officer may withhold part of statement from offender to protect victim's physical safety or security
26 Judicial officer not to take into account withheld part
27 Directions or conditions on other disclosure or other distribution of statements
28 Victim's views on application for order prohibiting permanently publication of name of accused or offender

3: Provisions relating to rights of victims of certain offences 29 Application of sections 30 to 48
30 Victim's views about release on bail of accused or offender
31 Application of sections 32 to 38 and 47
32 Police to give information about right to ask for notice and appointment of representative
33 Victim's address to be forwarded in certain cases
34 Notice of release on bail of accused or offender
35 Notice of temporary release from, or escape or absconding from, or death in, prison detention or home detention, of accused or offender
36 Notice of convictions for breaching release or detention conditions and of decisions on recall orders
37 Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital
38 Exception to section 37 once certain offenders no longer liable to detention for sentence imposed for offence
39 Notice of proposal to consider making deportation order and of hearing of appeal against deportation order
40 Representatives for notice
41 Effect of appointment of representative
42 Victim's support person may be or appoint representative
43 Method of appointment of representative
44 Termination of appointment
45 When notices take effect
46 Ways in which notice required may be given
47 Victim may participate in process for offender's release from prison or release to or from home detention
48 Victim may make submissions on making of deportation order or offender's appeal against deportation order

4: Miscellaneous provisions 49 Complaints
50 Other ways in which rights may be enforced
51 Return of property held as evidence
52 Director-General of Health may delegate duties
53 Amendments
54 Victims of Offences Act 1987 repealed

Schedule(s)

1 FIRST: Enactments amended

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