Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 16B

How victim submissions are dealt with by the Adult Parole Board

16B. How victim submissions are dealt with by the Adult Parole Board



(1) Before giving an offender any instruction or direction under section
16(2), the Adult Parole Board-

   (a)  must consider any victim submission it receives in relation to the
        matter being determined; and

   (b)  may, in its absolute discretion, give that submission the weight that
        the Board sees fit in determining whether to give an instruction or
        direction.

(2) The Adult Parole Board must not release a victim submission to the
offender in relation to whom the instruction or direction is being determined
unless-

   (a)  the release of the submission is, in the opinion of the Board,
        essential in the interests of fairness and justice; and

   (b)  before releasing the victim submission, the Board has asked the person
        who made the victim submission whether he or she-

   (i)  consents to the submission being released to the offender; or

   (ii) wishes to amend the submission so that it can be released to the
        offender; or

   (iii) wishes to withdraw the submission.

(3) If a person who made a victim submission does not consent to the
submission being released to the offender, amend the submission so that it can
be released to the offender or withdraw the submission when asked to do so by
the Adult Parole Board under subsection (2)(b), the Board-

   (a)  must not release the victim submission to the offender; and

   (b)  in considering the victim submission when determining to make an
        instruction or direction, may reduce the weight it would otherwise
        have given to the submission if the person who made it had complied
        with subsection (2)(b).