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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Victims Legislation Amendment Bill
2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
4 Amendment of Victims Rights Act 1996 No 114 2
5 Amendment of Victims Support and Rehabilitation Act 1996
No 115 2
Schedules
1 Amendment of Crimes (Sentencing Procedure) Act 1999 3
2 Amendment of Victims Rights Act 1996 4
3 Amendment of Victims Support and Rehabilitation Act 1996 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Victims Legislation Amendment Bill
2003
Act No , 2003
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to enable victim
impact statements to be read out in court by victims of serious offences or their
representatives, to amend the Victims Rights Act 1996 to provide victims of
crime with information about the prosecution of accused persons, and to amend
the Victims Support and Rehabilitation Act 1996 to provide payment for
counselling services for family members of certain persons killed by the use of
motor vehicles.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Victims Legislation Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Victims Legislation Amendment Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out
in Schedule 1.
4 Amendment of Victims Rights Act 1996 No 114
The Victims Rights Act 1996 is amended as set out in Schedule 2.
5 Amendment of Victims Support and Rehabilitation Act 1996 No 115
The Victims Support and Rehabilitation Act 1996 is amended as set
out in Schedule 3.
Page 2
Victims Legislation Amendment Bill 2003
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 3)
[1] Section 28 When victim impact statements may be received and
considered
Omit "filed" from section 28 (4) (a). Insert instead "given".
[2] Section 30A
Insert after section 30:
30A Reading out victim impact statements in court
(1) If a victim impact statement has been duly received by a court,
a victim to whom it relates, or a member of the immediate
family, or other representative, of the victim, is entitled to
read out the whole or any part of the statement to the court.
(2) The statement may be read out at such time as the court
determines after it has convicted, but before it sentences, the
offender.
Page 3
Victims Legislation Amendment Bill 2003
Schedule 2 Amendment of Victims Rights Act 1996
Schedule 2 Amendment of Victims Rights Act 1996
(Section 4)
[1] Section 5 Meaning of victim of crime
Insert after section 5 (3):
(4) If a person dies as a result of the act concerned and there is
more than one member of the person's immediate family,
members of the immediate family may nominate a
representative for the purposes of the Charter of Victims
Rights.
[2] Section 6 Charter of rights for victims of crime
Omit item 6.5. Insert instead:
6.5 Information about prosecution of accused
(1) A victim should be informed in a timely manner of the
following:
(a) the charges laid against the accused or the reasons for
not laying charges,
(b) any decision of the prosecution to modify or not to
proceed with charges laid against the accused,
including any decision to accept a plea of guilty by the
accused to a less serious charge in return for a full
discharge with respect to the other charges,
(c) the date and place of hearing of any charge laid against
the accused,
(d) the outcome of the criminal proceedings against the
accused (including proceedings on appeal) and the
sentence (if any) imposed.
(2) A victim should be consulted before a decision referred to in
paragraph (b) above is taken if the accused has been charged
with a serious crime that involves sexual violence or that
results in actual bodily harm, mental illness or nervous shock
to the victim, unless:
(a) the victim has indicated that he or she does not wish to
be so consulted, or
(b) the whereabouts of the victim cannot be ascertained
after reasonable inquiry.
Page 4
Victims Legislation Amendment Bill 2003
Amendment of Victims Support and Rehabilitation Act 1996 Schedule 3
Schedule 3 Amendment of Victims Support and
Rehabilitation Act 1996
(Section 5)
Section 21 Special payments for approved counselling services
Omit "but does not include a person who is the victim of an act of violence
arising in the circumstances described in section 24 (2), (3) or (4)." from
the definition of victim in section 21 (1).
Insert instead:
but does not include a person who is the victim of an act of
violence:
(e) arising in the circumstances described in section 24 (2),
unless the person is a family victim of the act and the act
apparently occurred in the course of the commission of
the offence of murder or manslaughter, or
(f) arising in the circumstances described in section 24 (3)
or (4).
Page 5
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