Victorian Consolidated Legislation

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

Provision of information to family members and victims

38E. Provision of information to family members and victims



(1) As soon as practicable after becoming aware that a hearing referred to in
section 38C(2) is to be held in relation to a person who is subject to a
supervision order, a person having the supervision of the person must give the
following information to the Director of Public Prosecutions-

   (a)  whether the supervision order is a custodial supervision order or a
        non-custodial supervision order; and

   (b)  if it is a custodial supervision order, whether or not the person is
        on extended leave; and

   (c)  if the person is on extended leave or is subject to a non-custodial
        supervision order, the person's current level of supervision.

(2) The Director of Public Prosecutions must give the information to each
family member and victim of the offence with which the person subject to the
supervision order was charged, unless section 38C provides that notice of the
hearing is not to be given, or need not be given, to the family member or
victim.

(3) If a family member or victim is under the age of 18 years, the information
must be given to a parent or guardian or a person appointed under section 38D
on behalf of the family member or victim.

(4) The information must be given to a family member or victim a reasonable
time before the hearing.