Penalties and Sentences Act 1992

A victim of the offence is to be permitted to give the prosecutor for the offence details of the harm caused to the victim by the offence, for the purpose of the prosecutor informing the sentencing court.

The prosecutor may continue with the sentencing proceeding without having permitted the victim to give details of the harm if it is reasonable to do so in the circumstances, having regard to the following matters—

the interests of justice;

whether permitting the details of the harm to be given would unreasonably delay the sentencing of the offender;

anything else that may adversely affect the reasonableness or practicality of permitting details of the harm to be given.

If details of the harm are given to the prosecutor, the prosecutor must—

decide what, if any, details are appropriate to be given to the sentencing court; and

give the appropriate details to the sentencing court, whether or not in the form of a victim impact statement under section 179L.

section 9(2)(c)(i); or

if the offender is a child—the Youth Justice Act 1992, section 150(2).

In deciding what details are appropriate, the prosecutor may have regard to the victim’s wishes.

The fact that a victim impact statement is absent at the sentencing, or that details of the harm caused to a victim by the offence are otherwise absent at the sentencing, does not, of itself, give rise to any inference that the offence caused little or no harm to the victim.

To remove any doubt, it is declared that it is not mandatory for a victim to give the prosecutor details of the harm caused to the victim by the offence.

Subject to section 179M, the sentencing court is to decide if, and how, details of the harm are to be given to the court in accordance with the rules of evidence and the practices and procedures applying to the court.