Corrections (Victims Register) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections (Victims Register) Regulations 2014 S.R. No. 25/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definitions 2 6 Victims register 2 7 The registrar 2 8 Functions and powers of the registrar 2 9 Manner of application 3 10 Content of application 4 11 Additional information if nominee is nominated 4 12 Prescribed form of undertaking 4 13 Removal from register 5 __________________ SCHEDULE—Undertaking of Confidentiality 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 25/2014 Corrections Act 1986 Corrections (Victims Register) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 6 May 2014 Responsible Minister: EDWARD O'DONOHUE Minister for Corrections YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to provide for the establishment and keeping of a victims register. 2 Authorising provision These Regulations are made under section 112 of the Corrections Act 1986. 3 Commencement These Regulations come into operation on 23 August 2014. 4 Revocation The following Regulations are revoked— (a) Corrections (Victims Register) Regulations 20041 ; (b) Corrections (Victims Register) (Amendment) Regulations 2006 2 . -- 2 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 5 Definitions In these Regulations— registered person means a person included on the victims register under section 30C(1) or (2) of the Act; registrar means the person assigned to be registrar of the victims register under regulation 7; the Act means the Corrections Act 1986. 6 Victims register (1) The victims register is established for the purposes of recording persons who are entitled— (a) to be given information under section 30A of the Act; and (b) to make victim submissions. (2) The victims register must be kept in a form determined by the registrar. 7 The registrar The Secretary may assign a person employed under Part 3 of the Public Administration Act 2004 to be registrar of the victims register. 8 Functions and powers of the registrar (1) The registrar has the following functions— (a) to administer and maintain the victims register; (b) to carry out any other functions conferred on the registrar by these Regulations. (2) The registrar has such powers as are necessary for the carrying out of the functions of the registrar under these Regulations. r. 5 -- 3 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 9 Manner of application (1) An application for inclusion on the victims register must be— (a) made in a form approved by the Secretary; and (b) accompanied by— (i) documents that establish the identity of the applicant to the satisfaction of the Secretary; and (ii) any other document that the applicant relies on in support of the application. (2) The application must contain— (a) an authorisation by the applicant for the Secretary to obtain information from a law enforcement agency within the meaning of section 3 of the Information Privacy Act 2000; and (b) if the applicant is a victim within the meaning of paragraph (d) of the definition of victim in section 30A(1) of the Act, an authorisation by the applicant for the Secretary to obtain from the principal registrar of the Magistrates' Court details of any family violence intervention order made under the Family Violence Protection Act 2008 against— (i) the prisoner to whom the application relates; or (ii) the offender to whom the application relates, who is or was subject to an extended supervision order, a supervision order or a detention order or an application for such an order. r. 9 -- 4 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel 10 Content of application An application for inclusion on the victims register must state— (a) the applicant's name and contact details; and (b) the basis on which the applicant claims to be eligible for inclusion on the victims register; and (c) details (within the knowledge of the applicant) about the offence to which the application relates and— (i) the prisoner to whom the application relates; or (ii) the offender to whom the application relates, who is or was subject to an extended supervision order, a supervision order or a detention order or an application for such an order. 11 Additional information if nominee is nominated In addition to the requirements of section 30B(3) of the Act, an application by an applicant who wishes information to be disclosed under section 30A of the Act to a nominee instead of being disclosed directly to the applicant must— (a) set out the nominee's name and contact details; and (b) be accompanied by proof of identity of the nominee. 12 Prescribed form of undertaking For the purposes of section 30B(4) of the Act, the prescribed form of the undertaking is in the Schedule. r. 10 -- 5 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 13 Removal from register (1) The registrar may remove a registered person from the victims register in any of the following circumstances— (a) at the written request of the registered person; (b) the registrar is unable to contact the registered person after having made reasonable attempts to contact the registered person using the contact details provided by the registered person; (c) if the registered person was included on the victims register on the basis of being a victim within the meaning of paragraph (c) of the definition of victim in section 30A(1) of the Act, the person with respect to whom the registered person is a family member— (i) attains 18 years of age; or (ii) becomes capable of managing his or her own affairs; (d) the Secretary informs the registrar that the Secretary believes on reasonable grounds that the registered person has contravened section 30H or 30I of the Act; (e) the Secretary informs the registrar that the Secretary believes on reasonable grounds that the disclosure of any information to the registered person under section 30A(1A), (2) or (2AA) of the Act may endanger— (i) the security of a prison; or (ii) the safe custody and welfare of any prisoner; or r. 13 -- 6 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (iii) the safety or welfare of— (A) the relevant offender; or (B) any other person; (f) the registered person dies; (g) the sentence of the relevant prisoner, including any parole period, has expired; (h) the extended supervision order, supervision order or detention order (as the case may be) of the relevant offender has expired and has not been replaced by another order; (i) the relevant prisoner has been transferred to serve the remainder of his or her sentence interstate or overseas; (j) the conviction for the offence in relation to which a registered person is included on the victims register is overturned; (k) the relevant prisoner is otherwise indefinitely and lawfully released from the legal custody of the Secretary; (l) the relevant prisoner or the relevant offender dies. (2) The registrar may remove the details of the nominee of a registered person from the victims register in any of the following circumstances— (a) the registered person is removed from the victims register; (b) at the written request of the registered person; (c) at the written request of the nominee; (d) the registrar is unable to contact the nominee after having made reasonable attempts to contact the nominee using the contact details r. 13 -- 7 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 7 Authorised by the Chief Parliamentary Counsel supplied by the nominee or the registered person; (e) the Secretary informs the registrar that the Secretary believes on reasonable grounds that the nominee has contravened section 30H or 30I of the Act; (f) the Secretary informs the registrar that the Secretary believes on reasonable grounds that the nominee has breached an undertaking under section 30B(3)(c) of the Act; (g) the Secretary informs the registrar that the Secretary believes on reasonable grounds that, having regard to the matters referred to in section 30D(2) of the Act, it is no longer appropriate for the details of the nominee to be included on the victims register; (h) the nominee dies. (3) In this regulation— relevant offender means the offender who is or was subject to an extended supervision order, or application for an extended supervision order, in relation to whom a registered person is included on the victims register; relevant prisoner means the prisoner in relation to whom a registered person is included on the victims register; sentence means the sentence of imprisonment for the offence in relation to which the registered person is included on the victims register and any sentence of imprisonment required to be served concurrently or cumulatively with that sentence of imprisonment. __________________ r. 13 -- 8 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 8 Authorised by the Chief Parliamentary Counsel SCHEDULE Corrections (Victims Register) Regulations 2014 Regulation 12 UNDERTAKING OF CONFIDENTIALITY I, [name of nominee] of [address] have been nominated by [insert name of applicant], subsequently referred to as "the applicant", to be given, on behalf of the applicant, information under section 30A of the Corrections Act 1986 relating to [insert name of prisoner or name of offender who is or was subject to an extended supervision order, supervision order or detention order or is or was subject to an application for such an order]. I consent to the nomination and undertake that— (a) I will not disclose the information disclosed to me under section 30A of the Corrections Act 1986 other than in accordance with the Corrections Act 1986; and (b) I will treat the information disclosed to me under section 30A of the Corrections Act 1986 in an appropriate manner that respects the confidential nature of the information. In giving this undertaking I acknowledge that— (a) if the applicant is included on the victims register, my obligations of confidentiality under the Corrections Act 1986 and this undertaking remain even if my nomination ceases or the applicant is removed from the victims register; (b) I have *read/*have had explained to me the content of sections 30H and 30I of the Corrections Act 1986. Dated: [Signature of nominee] [Signature of witness] of [name and address] * delete if inapplicable ═══════════════ Sch. -- 9 of 10 -- S.R. No. 25/2014 Corrections (Victims Register) Regulations 2014 9 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 108/2004 as amended by S.R. No. 132/2006. 2 Reg. 4(b): S.R. No. 132/2006. Endnotes -- 10 of 10 --