Victims' Rights Act 2002

Victim’s address to be forwarded in certain cases

33 Address of victim or victim’s representative to be forwarded in certain cases

(1)

If a victim or the victim’s representative has made a request under section 32B(1)(b) and complied with section 32B(1)(c), the Commissioner of Police must forward to the persons specified in subsection (2) the following information:

(a)

the victim’s name and address; or

(b)

the victim’s name and the name and address of the victim’s representative.

(2)

The persons referred to in subsection (1) are—

(a)

the chief executive of the Department of Corrections, if—

(i)

the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a prison in connection with the offence and the Commissioner has not already forwarded a copy of the address under paragraph (b); or

(ii)

the offender has been sentenced to home detention:

(b)

the Director-General of Health, if the person accused of the offence or, as the case requires, the offender is or becomes liable to be detained in a hospital or facility in connection with the offence, his or her liability to detention is of a kind referred to in section 37(1)(a) or (b), and the Commissioner has not already forwarded a copy of the address under paragraph (a).

(3)

The chief executive of the Department of Corrections must forward to the Director-General of Health the information that the chief executive of the Department of Corrections has received under subsection (1) if the offender, having been liable to be detained in a prison in connection with the offence, becomes liable to be detained—

(a)

in a hospital following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or under an arrangement under section 46 of that Act; or

(b)

in a facility following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(4)

The Director-General of Health must forward to the chief executive of the Department of Corrections the information that the Director-General of Health has received under subsection (1) if the person accused of the offence or, as the case requires, the offender, having been liable to be detained in a hospital or facility in connection with the offence, is removed to a prison under section 47(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or section 71 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

(5)

An address required to be forwarded under this section must be forwarded as soon as practicable after the requirement arises.

Section 33: replaced, on 6 December 2014, by section 17 of the Victims’ Rights Amendment Act 2014 (2014 No 35).