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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 216A

Disclosures to registered victims—young offenders

    (1)     If a young offender has been sentenced, the director-general may disclose information about the young offender to a registered victim of the young offender if satisfied the disclosure is appropriate in the circumstances.

Examples—disclosures

1     any non-association order or place restriction order that applies to the young offender

2     if the young offender is under a good behaviour order—the place where the young offender may do community service work or attend a rehabilitation program

3     if the young offender is to be released from imprisonment—when and where the young offender will be released

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, the director-general must not disclose identifying information for the young offender unless the offence was a personal violence offence and the director-general believes that the victim, or a family member of the victim, may come into contact with the young offender.

Examples

1     the victim and young offender live in the same neighbourhood and may see each other at the local shopping centre

2     the victim and young offender may be enrolled at the same school

    (3)     If the victim is a child under 15 years old, the director-general may give the information to a person who has parental responsibility for the victim under the Children and Young People Act 2008 .

Note     The Crimes (Sentencing) Act 2005 , s 136 (Information exchanges between criminal justice entities) also deals with information about a victim of an offence.

    (4)     Subsection (3) does not limit the cases in which the director-general may give information to a person acting for a victim.

    (5)     In this section:

"director-general "means the director-general responsible for the Children and Young People Act 2008 .

"domestic violence offence"—see the Domestic Violence and Protection Orders Act 2001 , section 9 (2).

"personal violence offence" means—

        (a)     an offence that involves causing harm, or threatening to cause harm, to anyone; or

        (b)     a domestic violence offence.



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