Removal from register
133H Removal from register
The registrar may remove a registered person from the victims register in any of the following circumstances—
at the written request of the registered person;
the registrar is unable to contact the registered person after having made reasonable attempts to contact the registered person using the contact details provided by the registered person;
if the registered person was included on the victims register on the basis of being a victim within the meaning of paragraph (c) of the definition of victim in section 30A(1) of the Act, the person with respect to whom the registered person is a family member—
attains 18 years of age; or
becomes capable of managing the person's own affairs;
the Secretary informs the registrar that the Secretary believes on reasonable grounds that the registered person has contravened section 30H or 30I of the Act;
the Secretary informs the registrar that the Secretary believes on reasonable grounds that the disclosure of any information to the registered person under section 30A(1A), (2) or (2AA) of the Act may endanger—
the security of a prison; or
the safe custody and welfare of any prisoner; or
the safety or welfare of—
the relevant offender; or
any other person;
the registered person dies;
the sentence of the relevant prisoner, including any parole period, has expired;
the supervision order, the detention order or the emergency detention order (as the case may be) of the relevant offender has expired and has not been replaced by another order;
the relevant prisoner has been transferred to serve the remainder of the relevant prisoner's sentence interstate or overseas;
the conviction for the offence in relation to which a registered person is included on the victims register is overturned;
the relevant prisoner is otherwise indefinitely and lawfully released from the legal custody of the Secretary;
the relevant prisoner or the relevant offender dies.
The registrar may remove the details of the nominee of a registered person from the victims register in any of the following circumstances—
the registered person is removed from the victims register;
at the written request of the registered person;
at the written request of the nominee;
the registrar is unable to contact the nominee after having made reasonable attempts to contact the nominee using the contact details supplied by the nominee or the registered person;
the Secretary informs the registrar that the Secretary believes on reasonable grounds that the nominee has contravened section 30H or 30I of the Act;
the Secretary informs the registrar that the Secretary believes on reasonable grounds that the nominee has breached an undertaking under section 30B(3)(c) of the Act;
the Secretary informs the registrar that the Secretary believes on reasonable grounds that, having regard to the matters referred to in section 30D(2) of the Act, it is no longer appropriate for the details of the nominee to be included on the victims register;
the nominee dies.
In this regulation—
relevant offender means the offender who is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order, in relation to whom a registered person is included on the victims register;
relevant prisoner means the prisoner in relation to whom a registered person is included on the victims register;
sentence means the sentence of imprisonment for the offence in relation to which the registered person is included on the victims register and any sentence of imprisonment required to be served concurrently or cumulatively with that sentence of imprisonment.
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