Victorian Numbered Acts Victorian Numbered ActsAfter section 30A of the Principal Act insert —
(1) A person may apply to the Secretary for inclusion on the victims register.
(2) An application under sub-section (1)—
(a) must be in writing; and
(b) may include details of a nominee to whom the applicant wishes information to be disclosed under section 30A instead of being disclosed directly to the applicant.
(3) If an applicant includes details of a nominee in accordance with sub-section (2)(b), the application must include the following—
(a) details of the nominee's relationship to the applicant; and
(b) the reason that the applicant wishes information under section 30A to be disclosed to the nominee rather than directly to the applicant; and
(c) an undertaking completed by the nominee that the nominee will not disclose the information disclosed under section 30A by the Secretary, other than in accordance with the Act.
(4) An undertaking referred to in sub-section (3)(c) must be in the prescribed form.
(1) A person who makes an application under section 30B who is a victim within the meaning of section 30A(1) must be included on the victims register.
(2) A person who makes an application under section 30B who is not a victim within the meaning of section 30A(1) may be included on the victims register if the Secretary, in writing, approves the inclusion of that person on the register.
(3) For the purposes of sub-section (2), the Secretary may approve the inclusion of a person on the register if that person—
(a) is not a victim within the meaning of paragraph (d) of the definition of "victim" in section 30A(1) but can demonstrate, to the satisfaction of the Secretary, a documented history of domestic violence being committed by a prisoner against that person; or
(b) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the offence for which the prisoner is serving a sentence of imprisonment.
(1) If an applicant under section 30B includes details of a nominee to whom the applicant wishes information under section 30A to be disclosed, the Secretary may include those details in respect of the applicant as part of the inclusion of the applicant as a person on the victims register if satisfied that it is appropriate to do so.
(2) If an applicant under section 30B is included on the victims register, the Secretary may refuse to include details of an applicant's nominee if the Secretary believes on reasonable grounds that the disclosure of information under section 30A to the nominee—
(a) may endanger—
(i) the security of any prison; or
(ii) the safe custody and welfare of the prisoner or any other prisoner; or
(iii) the safety or welfare of any other person; or
(b) may result in a contravention of section 30I.
(1) The Secretary must provide an annual written report to the Minister and to the Attorney-General on the inclusion by the Secretary of persons on the victims register under section 30C(3).
(2) A report under sub-section (1) must include—
(a) the number of applications for inclusion on the victims register received under section 30C(2); and
(b) the number of such applications approved by the Secretary under section 30C(3); and
(c) the categories of person which the Secretary has approved for inclusion on the victims register.
(1) The Secretary may prepare guidelines in relation to the exercise of powers under section 30C.
(2) The Minister and the Attorney-General must both approve any guidelines prepared under sub-section (1).
(3) Guidelines prepared under sub-section (1) and approved under sub-section (2)—
(a) must be published in the Government Gazette as soon as practicable after their preparation; and
(b) take effect on the date of publication in the Government Gazette.
The Secretary must not disclose information under section 30A to a person included on the victims register who is a family member within the meaning of section 30A(1) unless that person can show, to the satisfaction of the Secretary, that he or she is or was the primary care giver or next of kin of the person against whom the relevant offence for which the prisoner is serving a sentence of imprisonment was committed.
A person included on the victims register and that person's nominee (if any) to whom information is disclosed under section 30A by the Secretary must treat that information in an appropriate manner that respects the confidential nature of the information.
(1) A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner if that person knows that the information has been disclosed under section 30A.
Penalty: 60 penalty units, in the case of a natural person;
1200 penalty units, in the case of a body corporate.
(2) A person must not, for the purposes of publication in the electronic or print media, solicit or obtain any information relating to the personal affairs of a prisoner, being information which has been disclosed under section 30A from—
(a) a person included on the victims register or that person's nominee (if any); or
(b) a person who has previously been included on the victims register or that person's nominee (if any).
Penalty: 60 penalty units, in the case of a natural person;
1200 penalty units, in the case of a body corporate.
(3) A person included on the victims register, a person who has previously been included on the victims register or the nominee of either of those persons must not disclose any information relating to the personal affairs of a prisoner which has been disclosed to that person under section 30A if that person reasonably believes that the information is likely to be or will be published in the electronic or print media or caused to be published in the electronic or print media.
Penalty: 60 penalty units.
(4) Nothing in this section prevents—
(a) a nominee of a person included on the victims register disclosing information to the person on whose behalf information has been disclosed under section 30A by the Secretary to the nominee; or
(b) a person included on the victims register or a nominee of a person included on the victims register from disclosing information disclosed under section 30A by the Secretary to an authorised person.
(5) In this section—
"authorised person" means—
(a) in the case of a person included on the victims register, a family member within the meaning of section 30A(1);
(b) a member of the police force, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that member or person is investigating an offence;
(c) a registered medical practitioner within the meaning of the Medical Practice Act 1994 in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;
(d) a registered psychologist within the meaning of the Psychologists Registration Act 2000 in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;
(e) a legal practitioner within the meaning of the Legal Practice Act 1996 in the course of consulting that legal practitioner for legal advice;
"Director of Public Prosecutions" means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975 ;
"information relating to the personal affairs of a prisoner" has the same meaning as it has in section 30(1).'.