Terrorism (High Risk Offenders) Act 2017

As soon as practicable after an application for an order under Part 2 or 3 is made in respect of an eligible offender who is a convicted NSW terrorist offender or convicted NSW underlying terrorism offender, the person acting on behalf of the State for the purposes of the application must take such steps as are reasonable (or, if the application concerned is for an emergency detention order, as are practicable in the circumstances) to ensure that written notice of the application is given to—

each victim of the offender, or

if any such victim is under 18 years of age or lacks legal capacity—that victim’s parent or guardian.

The notice must inform the person that the person may make a statement orally before the Supreme Court, or provide a statement in writing, about—

the person’s views about the order and any conditions to which the order may be subject, and

any other matters prescribed by the regulations.

It is sufficient for the notice to be sent to the person at the person’s last known address as recorded in the Victims Register.

A statement in writing must be provided before the date specified in the notice.

Any statement in writing received before the final hearing date in respect of the application may be placed before the Supreme Court for consideration in respect of the application.

An oral statement may be made at such time during the proceedings on the application before the Supreme Court makes its decision on the application as the Supreme Court determines.

The Supreme Court is to hear an oral statement in the absence of the eligible offender unless the person giving the statement consents to the offender being present.

The Supreme Court may arrange for an oral statement to be made by way of closed circuit television.

A person who makes a statement may amend or withdraw the statement.

The Supreme Court and the State must not disclose a statement (other than one given in the presence of the eligible offender in accordance with subsection (7)) to the offender to which the application relates unless the person who made the statement consents to the disclosure.

If consent is not provided the Supreme Court may—

reduce the weight given to the statement, and

take reasonable steps to disclose to the eligible offender, or the offender’s legal representative, the substance of the statement but only if the Court is satisfied that those steps could not reasonably be expected to lead to the identification of the victim or the person who made the statement.

In this section—