Restrictions on disclosing victim impact statement
164 Restrictions on disclosing victim impact statement
The Mental Health Court must not disclose the victim impact statement to the person the subject of the reference unless the victim or close relative asks that the statement be disclosed to the person.
Despite a request mentioned in subsection (1), the court may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person.
A person must not contravene an order made under subsection (2) unless the person has a reasonable excuse.
Maximum penalty—200 penalty units.
This section does not prevent the court disclosing the victim impact statement to a lawyer of the person the subject of the reference if satisfied the disclosure is in the best interests of the person.
Subject to subsection (3), the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person.
The person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse.
Maximum penalty—200 penalty units.
In this section—
lawyer, of a person, includes another representative of the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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