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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure)
Amendment (Victim Impact
Statements) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-099-40.d11
New South Wales
Crimes (Sentencing Procedure)
Amendment (Victim Impact
Statements) Bill 2008
No , 2008
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further
provision with respect to victim impact statements.
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements)
Clause 1 Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Procedure) Amendment (Victim 3
Impact Statements) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 7
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in 8
Schedule 1. 9
4 Repeal of Act 10
(1) This Act is repealed on the day following the day on which all of the 11
provisions of this Act have commenced. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements)
Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 26 Definitions 3
Omit ", mental illness or nervous shock" from the definition of personal 4
harm. 5
Insert instead "or psychological or psychiatric harm". 6
[2] Section 26 7
Insert in alphabetical order: 8
prescribed sexual offence has the same meaning as it has in the 9
Criminal Procedure Act 1986. 10
[3] Section 26, definition of "primary victim" 11
Insert "the sexual offence," after "threatened violence," in paragraph (b). 12
[4] Section 27 Application of Division 13
Omit "or an act of sexual assault" from section 27 (2) (b). 14
[5] Section 27 (2) (d) 15
Insert at the end of section 27 (2) (c): 16
, or 17
(d) a prescribed sexual offence. 18
[6] Section 27 (3) (c) (ii) 19
Omit "or an act of sexual assault". 20
[7] Section 27 (3) (d) 21
Insert at the end of section 27 (3) (c): 22
, or 23
(d) a prescribed sexual offence that is referred to in Table 1 of 24
Schedule 1 to the Criminal Procedure Act 1986. 25
[8] Section 30 Formal requirements for victim impact statements 26
Insert after section 30 (1): 27
(1A) Photographs, drawings or other images may be included in the 28
victim impact statement, subject to compliance with any 29
requirements relating to the inclusion of such matters that are 30
prescribed by the regulations. 31
Page 3
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements)
Bill 2008
Schedule 1 Amendments
[9] Section 30 (2) 1
Omit the subsection. Insert instead: 2
(2) If a primary victim is incapable of providing information for or 3
objecting to a victim impact statement about the personal harm 4
suffered by the victim (by reason of age, impairment or 5
otherwise), a person having parental responsibility for the victim, 6
a member of the primary victim's immediate family or any other 7
representative of the victim may, subject to the regulations, act on 8
behalf of the victim for that purpose. 9
[10] Section 30A Reading out victim impact statements in court 10
Insert "or a person having parental responsibility for the victim," after 11
"relates," in section 30A (1). 12
[11] Section 30A (3) and (4) 13
Insert after section 30A (2): 14
(3) If the proceedings for the offence concerned are proceedings in 15
which the victim to whom the victim impact statement relates is 16
entitled to give evidence by means of closed-circuit television 17
arrangements, the victim is also entitled to read out the statement 18
in accordance with those closed-circuit television arrangements. 19
(4) For the purposes of this section, closed-circuit television 20
arrangements means the arrangements for giving evidence 21
provided for by section 294B or Division 4 of Part 6 of Chapter 6 22
of the Criminal Procedure Act 1986. 23
[12] Schedule 2 Savings, transitional and other provisions 24
Insert at the end of clause 1 (1): 25
Crimes (Sentencing Procedure) Amendment (Victim Impact 26
Statements) Act 2008 27
Page 4
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements)
Bill 2008
Amendments Schedule 1
[13] Schedule 2, Part 18 1
Insert after Part 17: 2
Part 18 Provisions consequent on enactment of 3
Crimes (Sentencing Procedure) 4
Amendment (Victim Impact Statements) 5
Act 2008 6
58 Application of amendments 7
(1) An amendment made to this Act by the Crimes (Sentencing 8
Procedure) Amendment (Victim Impact Statements) Act 2008 9
applies in respect of any victim impact statement that is first 10
received by a court after the commencement of the amendment. 11
(2) This Act, as in force immediately before any such amendment, 12
continues to apply in respect of any victim impact statement 13
received by a court before the commencement of the amendment. 14
Page 5
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