For Victims
A written victim submission made to the Tribunal tells the Tribunal about how an offence has affected you and how the release of the supervised person may impact on you. A written victim submission may also suggest for the Tribunal any conditions that may serve to protect you and/or others.
It may be taken into account by the Tribunal when the supervised person is being released into the community or being allowed more freedoms in the community.
Section 147 of the Act establishes the obligations for the Tribunal when receiving and considering victim submissions.
Victim submissions may be considered by the Tribunal as part of its regular review hearings. You do not need to attend a hearing of the Tribunal. Your submission will be placed on file which is held at the Tribunal. It will be kept confidential, however, the Tribunal may make your submission available to another person on the conditions it considers appropriate. For example, to Adult Community Corrections.
No. It is your choice whether you make a victim submission to the Tribunal.
If the Tribunal does not receive a victim submission, victim issues and safety are still considered through alternative sources of information, such as a report from the Office of the Commissioner for Victims of Crime.
There is no set writing style for victim submissions, however, they can only be accepted in writing, no verbal submissions or visual media (such as videos or audio recordings) are accepted.
You may like to include:
- Details of any physical or psychological injuries and the effect of these injuries on your life.
- Where the offence has resulted in death, you may wish to talk about the deceased person and the life they led.
- Details of the emotional or financial impact the offence has had on you and your family.
- Details of any concerns you have about the supervised person’s release into the community.
- Any suggestions about the conditions that should apply to the supervised person if they were to be released. For example, that they should engage in alcohol counselling, that they should not attend shopping centres in your local area.
- Any other information you think is important.
You should try not to include anything:
- abusive or offensive
- that is factually incorrect
- about changing the outcome of the court's decision.
To the President of the Mental Impairment Review Tribunal
In the matter of: __________________________ (supervised person’s name)
Victim submission of: ______________________ (write your name here)
The following headings could be used:
- physical/psychological injuries
- emotional and financial impact
- any concerns about the release of the person
- suggested conditions
- other.
Signed: ________________________________
If because of age, disability or any other reason, you are incapable of giving a submission, another person may give it on your behalf, provided the Tribunal is satisfied that it is appropriate for the other person to do so.
The Office of the Commissioner for Victims of Crime can also support you to write your victim submission.
Send you submission by
email: mirt@justice.wa.gov.au
post: Mental Impairment Review Tribunal
GPO Box C127
PERTH WA 6839
Victims can apply to be notified of, and receive prescribed information about Tribunal hearings and outcomes by registering with the Victim Notification Register. The Tribunal is unable to provide this information to you directly.
If you have provided a victim impact statement during sentencing, the Tribunal will likely have access to this.
Further information on victim impact statements for court, is provided by Victim Support Services Victim Impact Statement | Western Australian Government (www.wa.gov.au).
Last updated: 23 August 2024