VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 66
Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence
VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 66
Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence
66 Obtaining copies of witness statements, or information about particular
conduct, in relation to act of violence
(1) The government assessor may ask the following (each the
"relevant police official" ) for the information mentioned in subsection (2)
for a stated act of violence in relation to which assistance is sought—
(a)
the police officer investigating the act of violence;
(b) if the government
assessor does not know the name of the police officer investigating the act of
violence, or the police officer is not available—the police commissioner.
(i) whether the applicant for the assistance
committed the act of violence, or conspired with the person who allegedly
committed the act of violence; or
(ii) whether the only or main reason the
act of violence was committed against the primary victim of the act was the
primary victim’s involvement in a criminal activity; or
(iii) if the
applicant for assistance is not the primary victim of the act of
violence—whether the applicant was aware of the primary victim’s
involvement in a criminal activity mentioned in subparagraph (ii) ; or
(iv)
whether the applicant has not given reasonable assistance in the police
investigation of the act of violence, or in the arrest or prosecution of the
person who allegedly committed the act of violence, and whether the failure
has prevented the arrest or prosecution of the person who allegedly committed
the act of violence.
(3) The relevant police official must comply with a
request under subsection (1) if, and to the extent, the
relevant police official is reasonably satisfied the government assessor
reasonably requires the information to decide the application.
(4) A copy of
a statement mentioned in subsection (2) (a) may include particulars
identifying the witness only if the relevant police official reasonably
believes the identity of the witness is relevant to deciding the application.
(c) may affect the
safety of a police officer, complainant or other person; or
(d) may lead to
the disclosure of methods, practices or systems used generally by police in
investigating alleged offences.
(7) The giving of information under
subsection (3) is authorised despite any other Act or law, including a law
imposing an obligation to maintain confidentiality about the information.
Note—
See section 140for restrictions on disclosing or giving access to
information or documents obtained under this Act.