Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

9
9.81 Reports by victims and family members contain their views on the conduct of the person
and the impact of that conduct on them. 102 Victims and family members can make
reports at various stages. This includes:
• any point where the court makes an order following a qualified finding of guilt or not
guilty because of mental impairment
• whenever there is an application for the variation or revocation of an order
• during a major review or whenever there is an application for extended leave (that,
if granted, would significantly reduce the degree of supervision to which the person
is subject). 103
9.82 The CMIA also requires each victim and each family member to be notified of hearings. 104
The Director of Public Prosecutions is required to give 14 days notice, by registered post,
of the following court hearings in relation to a person subject to a supervision order:
• major reviews, reviews and further reviews
• applications for the variation or revocation of a supervision order
• applications for extended leave, if granting the application would significantly reduce
the degree of the person’s supervision. 105
9.83 The Director of Public Prosecutions should not give notice to a victim or family members
who have informed the Director of Public Prosecutions that they do not wish to be
notified of any hearing in relation to the person subject to the supervision order. 106
9.84 The Commission’s preliminary research indicated that the participation of victims and
family members, while well meaning, might be in some circumstances over-inclusive. Not
all victims and family members want to be notified of each hearing that concerns the
person subject to a supervision order:
the extent to which individual victims find solace and satisfaction from … involvement
varies widely, as does the impact and influence upon the decision-making process
regarding forensic patients. 107
9.85 Some victims and family members prefer to be more involved than others. The diversity in
people’s reactions may mean that a ‘one size fits all’ approach is not the appropriate way
of representing these interests. At present victims and family members can choose to opt
out of receiving notice but many may not avail themselves of this option. It is unclear how
many victims and family members have chosen not to receive notice.
9.86 Another difficulty that may arise in relation to the involvement of victims and family
members is the onerous notification requirements on the Director of Public Prosecutions.
Question
98 Do the CMIA provisions allow for effective participation by victims and family
members
102 Ibid s 42(2).
103 Ibid s 43(1).
104 Ibid s 38C(1).
105 Ibid s 38C(2).
106 Ibid s 38C(5).
107 Chappell, above n 98, 41.
203