Corrections (Victims Register) Regulations 2004

Victorian Legislation Parliamentary Documents i Corrections (Victims Register) Regulations 2004 S.R. No. 108/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Definitions 1 5. Victims register 2 6. The registrar 2 7. Functions and powers of the registrar 2 8. Manner of application 2 9. Content of application 3 10. Additional information if nominee is nominated 3 11. Prescribed form of undertaking—Form 1 4 12. Removal from register 4 __________________ SCHEDULE—Undertaking of Confidentiality 7 ═══════════════ -- 1 of 8 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 108/2004 Corrections Act 1986 Corrections (Victims Register) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 24 August 2004 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services DIANE CASEY 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 30 August 2004. 4. Definitions In these Regulations— "registered person" means a person included on the victims register under section 30C(1) or (2) of the Act; "the Act" means the Corrections Act 1986; -- 2 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 2 "the registrar" means the person assigned to be registrar of the victims register under regulation 6. 5. Victims register (1) There is established a victims register for the purposes of recording persons entitled to be given information under section 30A of the Act and to make victims submissions. (2) The victims register is to be kept in a form to be determined by the registrar. 6. The registrar The Secretary may assign a person employed under Part 3 of the Public Sector Management and Employment Act 1998 to be registrar of the victims register. 7. 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. 8. Manner of application (1) An application for inclusion on the victims register must be made in a form approved by the Secretary and be accompanied by— (a) documents that establish the identity of the applicant to the satisfaction of the Secretary; and (b) any other document that the applicant relies on in support of the application. r. 5 -- 3 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 3 (2) The application must— (a) contain 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; or (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, must also contain an authorisation by the applicant for the Secretary to obtain from the Principal Registrar of the Magistrates' Court details of any intervention order (other than an interim intervention order) made under the Crimes (Family Violence) Act 1987 against the prisoner to whom the application relates. 9. Content of application An application for inclusion on the victims register must set out— (a) the identity of and contact details for the applicant; (b) the basis on which the applicant claims to be eligible for inclusion on the victims register; (c) details within the knowledge of the applicant about the prisoner to whom the application relates and the offence to which the application relates. 10. 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— r. 9 -- 4 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 4 (a) set out the identity and contact details of the nominee; and (b) be accompanied by proof of identity of the nominee. 11. Prescribed form of undertaking—Form 1 An undertaking under section 30B(3)(c) of the Act must be in the form of the Schedule. 12. Removal from register (1) In sub-regulation (2)— "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, as well as any sentence of imprisonment required to be served concurrently or cumulatively with that sentence of imprisonment. (2) 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) if the registrar has been 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; r. 11 -- 5 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 5 (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) on ascertaining that the Secretary believes on reasonable grounds that the registered person has contravened section 30H or section 30I of the Act; (e) on ascertaining that the Secretary believes on reasonable grounds that the disclosure of any information to the registered person under section 30A(2) of the Act may endanger the security of any prison or the safe custody and welfare of any prisoner or the safety and welfare of any other person; (f) if the registered person dies; (g) if the sentence of the relevant prisoner, including any parole period, has expired; (h) if the relevant prisoner has been transferred to serve the remainder of his or her sentence interstate or overseas; (i) if the conviction for the offence in relation to which a registered person is included on the victims register is overturned; (j) the relevant prisoner is otherwise indefinitely and lawfully released from the legal custody of the Secretary; (k) if the relevant prisoner dies. r. 12 -- 6 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 6 (3) The registrar may remove the details of the nominee of a registered person from the victims register— (a) if the registered person has been removed from the victims register; (b) at the written request of the registered person; (c) at the written request of the nominee; (d) if the registrar has been unable to contact the nominee after having made reasonable attempts to contact the nominee using the contact details supplied by the nominee or the registered person; (e) on ascertaining that the Secretary believes on reasonable grounds that the nominee has contravened section 30H or 30I of the Act; (f) on ascertaining that the Secretary believes on reasonable grounds that the nominee has breached an undertaking under section 30B(3)(c) of the Act; (g) on ascertaining 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) if the nominee dies. __________________ r. 12 -- 7 of 8 -- Victorian Legislation Parliamentary Documents S.R. No. 108/2004 Corrections (Victims Register) Regulations 2004 7 SCHEDULE Corrections (Victims Register) Regulations 2004 Regulation 11 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]. I consent to the nomination and undertake that— (a) I will not disclose the information disclosed to me under section 30A of the Act other than in accordance with the Act; and (b) I will treat the information disclosed to me under section 30A of the Act 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 Act and this undertaking will remain, even if my nomination ceases and even if the applicant has been removed from the victims register; (b) I have *read/*have had explained to me the content of sections 30H and 30I of the Act. Dated: [Signature of nominee] [Signature of witness] of [Name and address] * delete if inapplicable ═══════════════ Sch. -- 8 of 8 --