Obligations under the Victims' Charter

1

Treatment with courtesy, dignity, and respect

Persons adversely affected by crime are to be treated with courtesy, dignity and respect

2

Special treatment of victims

Victims’ rights and entitlements should be respected as participants in proceedings for criminal offences

3

Special treatment of disadvantaged persons

Persons adversely affected by crime are to have their diverse needs taken into account and responded to, which includes their:

• ethnicity
• status as an Aboriginal or Torres Strait Islander
• sex or gender identity
• cultural or linguistic diversity
• sexual orientation
• disability
• religion
• age
• geographic location

4

Information on available services and support

Persons adversely affected by crime should be provided clear, timely and consistent information or referrals to:

• Relevant victim support services
• Possible entitlements (such as a compensation order or financial assistance)
• Legal assistance
• Preparation of victim impact statements
• Processes for making complaints

5

Making a complaint

Victims may complain to an agency if they believe the agency has not upheld a Charter Principle and seek a review from the Victims of Crime Commissioner of the agency’s response to that complaint

6

Communication needs and preferences

Victims’ communication needs and preferences should be responded to. In particular:

• Whether they want to be contacted or not
• Their preferred contact method (which may change depending on the topic and time period)
• Their ability to understand information because of their English proficiency
• Their ability to understand information because a victim has a disability
• The ability to understand information because the victim is a child

7

Protecting personal information

Victims’ personal information is not to be disclosed unless it is required for legal proceedings.

8

Victim representatives

Victims or their families may nominate a person to be their representative for the purposes of the Victims’ Charter

Summary

Victims’ Charter provisions that apply to investigatory agencies

9

Updates on investigations

Victims may be informed about the progress of an investigation at reasonable intervals

10

Victims’ property used as evidence

Victims’ property is to be handled in a lawful, respectful and secure manner before it is returned

Summary

Victims’ Charter provisions that apply to prosecuting agencies

11

Updates on charges and bail

Victims may be informed about the following matters (if applicable) by any prosecuting agency:

• the charges against the accused
• reasons why no offence was charged
• decisions to substantially change the charges against the accused
• decisions to not pursue charges against the accused
• decisions to accept a guilty plea to a lesser charge
• outcomes to an application for bail by the accused
• bail conditions imposed on the accused that are intended to protect the victim or their family
• court process and the victim’s ability to attend the court proceedings

12

Victims giving evidence

If the victim is also a witness, they should be informed about the following matters (if applicable) by any prosecuting agency:

• The trial or hearing process
• The role of a witness in the prosecution
• Attendance in the court room
• Special protections for witnesses
• Alternative arrangements for giving evidence (i.e. video evidence or blocking direct line of site with the accused)

13

Updates on prosecution events

Victims should be informed about the following matters when the prosecution is managed by an agency other than the Office of Public Prosecutions:

• Date, time and place of hearings
• The outcome of the proceeding and the sentence (if applicable)
• Whether there is an appeal, the reason for the appeal and the outcome

14

Updates, consultation, and reasons for prosecution decisions

Victims may be informed or consulted about the following matters when the prosecution is managed by the Office of Public Prosecutions:

• Information about the date, time and place of;
  • the trial,
  • a contested committal hearing,
  • the plea hearing,
  • the sentencing hearing or
  • an appeal hearing.
• Information about the outcomes of:
  • a committal mention,
  • a contested committal hearing,
  • an initial directions hearing,
  • the trial,
  • the plea hearing,
  • the sentencing hearing,
  • an appeal hearing or
  • the guilty plea
• Consult with the victims before;
  • charges are substantially modified,
  • the prosecution is not pursued,
  • a guilty plea to a lesser charge is accepted,
  • an appeal to a sentence
  • an appeal to an acquittal
• The prosecutor’s reasons why:
  • there will or will not be cross examination of the victim
  • the matter is to be dealt summarily (i.e. in the Magistrate’s Court)
  • there were substantial changes to the offences charged against the accused
  • the charges against the accused were not pursued
  • a guilty plea to a lesser charge was accepted

15

Minimised contact between victim and accused

Victim contact between the following parties in the court building are to be minimised so that a victim can be protected from intimidation by:

• the accused
• defence witnesses
• the accused’s family members and
• supporters of the accused.

Summary

Victims’ Charter provisions that apply to select victim services agencies

16

Victim impact statements

Applies to specialist victims of crime services

Victims may make an impact statement when the person found guilty is being sentenced

17

Victims registers

Applies to the Department of Justice and Community Safety

Eligible victims may apply to be included on the victims register so they can:

• be advised of the length of sentence
• be advised of the likely release date
• be advised of the likely date of an extended supervision or detention order
• make a submission to the Adult Parole Board
• make a submission to the Post Sentence Authority