Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 38C

Notice of hearings to family members and victims

38C. Notice of hearings to family members and victims



(1) The Director of Public Prosecutions must give notice of any court hearing
referred to in subsection (2) in relation to a person who is subject to a
supervision order to-

   (a)  each family member of the person; and

   (b)  each victim of the offence with which the person was charged.

(2) The hearings of which notice is required to be given under this section
are hearings of-

   (a)  a major review;

   (b)  a review directed under section 27(2), 32(5) or 33(2);

   (c)  an application under section 31 for variation or revocation of a
        supervision order;

   (d)  an application for extended leave, if the granting of the application
        would significantly reduce the degree of supervision to which the
        person is subject.

(3) The notice must be given at least 14 days (or such lesser period as the
court directs) before the day of the hearing.

(4) Notice to a family member or victim who is under the age of 18 years is to
be given to-

   (a)  a parent or guardian of the person; or

   (b)  if the court makes an order under section 38D, the person named in the
        order.

(5) Notice is not to be given to a family member or victim who has given
notice to the Director of Public Prosecutions that he or she does not wish to
be notified of any hearing in relation to the person who is subject to the
supervision order, and has not withdrawn that notice.

(6) Notice to the Director of Public Prosecutions under subsection (5) may be
given on behalf of a family member or victim who is under the age of 18 years
by-

   (a)  a parent or guardian; or

   (b)  if the court makes an order under section 38D, the person named in the
        order.

(7) Notice of a hearing need not be given to a person-

   (a)  whose whereabouts have not, after reasonable enquiry, been
        ascertained; or

   (b)  if an order is made under subsection (8) or (10).

(8) On application by the Director of Public Prosecutions, the
Attorney-General or the Secretary to the Department of Human Services, the
court may order that notice of a particular hearing need not be given to a
family member or victim if the court is satisfied that giving such notice to
them would be detrimental to their mental or physical health.

(9) If the court makes an order under subsection (8), it may order that notice
of the hearing be given to another person on their behalf.

(10) If the court adjourns a hearing, the court may order that notice of the
resumption of the hearing is not required to be given to a family member or
victim.

(11) If a person is both a family member and a victim, notice may be given to
them in either of those capacities.