Principles that apply to investigation agencies

The principles and sections within the Victims’ Charter that apply to investigatory agencies.

Treatment of persons adversely affected by crime

  1. All persons adversely affected by crime are to be treated with courtesy, respect and dignity by investigatory agencies, prosecuting agencies and victims' services agencies.
  2. Investigatory agencies, prosecuting agencies and victims' services agencies are to take into account, and be responsive to, the particular needs of persons adversely affected by crime, particularly needs relating to differences such as—
    1. race or indigenous background;
    2. sex or gender identity;
    3. cultural or linguistic diversity;
    4. sexual orientation;
    5. disability;
    6. religion;
    7. age.

Information to be given to persons adversely affected by crime

Investigatory agencies, prosecuting agencies and victims' services agencies—

  1. are to provide clear, timely and consistent information about relevant support services, possible entitlements and legal assistance available to persons adversely affected by crime; and
  2. if appropriate, are to refer persons adversely affected by crime to relevant support services and to entities that may provide access to entitlements and legal assistance.

Special treatment of victims

Investigatory agencies, prosecuting agencies and victims' services agencies are to—

  1. respect the rights and entitlements of victims as participants in proceedings for criminal offences; and
  2. so far as is reasonably practicable, take into account, and be responsive to, the particular needs of victims living in rural and regional locations. 

Communication with victims

Investigatory agencies, prosecuting agencies and victims' services agencies are to take into account, and be responsive to, the following matters when communicating with a victim—

  1. whether the victim wishes to be contacted;
  2. the victim's preferred method of contact (which may vary at different stages throughout the proceeding for a criminal offence and according to the topic of communication);
  3. issues that affect the victim's ability to understand the information being communicated, including, but not limited to—
    1. the victim's understanding of English; and
    2. whether the victim has a disability; and
    3. whether the victim is a child.

Information to be given to victim about investigation

  1. An investigatory agency is to inform a victim, at reasonable intervals, about the progress of an investigation into a criminal offence unless the disclosure may jeopardise any investigation of a criminal offence.
  2. If the disclosure of information under subsection (1) may jeopardise any investigation, an investigatory agency is to inform the victim about the progress of the investigation of the criminal offence relevant to the victim, to the extent possible without jeopardising any investigation.
  3. If the disclosure of information under subsection (1) would jeopardise an investigation, an investigatory agency is to inform the victim that no information can be provided at that stage due to the ongoing nature of the investigation.

Victims' privacy

A victim's personal information, including his or her address and telephone number, is not to be disclosed by any person except in accordance with the Privacy and Data Protection Act 2014.

Note
Section 10 of the Privacy and Data Protection Act 2014 provides that the Act does not apply in respect of the collection, holding, management, use, disclosure or transfer of personal information by a court, tribunal, judge, magistrate or registry staff in relation to their judicial or quasi-judicial functions.

Information regarding complaints process for persons adversely affected by crime

If a person adversely affected by crime informs an investigatory agency, a prosecuting agency or a victims' services agency that he or she believes that the agency has not upheld the Charter principles, the agency should inform the person about the processes available for making a complaint.

Complaints system for victims

  1. Each investigatory agency, prosecuting agency and victims' services agency must institute and operate a system to receive and resolve complaints from victims in respect of the agency's compliance with the Charter principles, including complaints made under section 19B.
  2. A complaints system referred to in subsection (1) must—
    1. be accessible and transparent; and
    2. offer fair and reasonable remedies.

      Note
      Fair and reasonable remedies may include an apology, an acknowledgment that an error occurred, or an explanation as to why an error occurred and the steps being taken by the agency to prevent the error reoccurring.
  1. An investigatory agency, a prosecuting agency or a victims' services agency that is dealing with a victim must inform the victim, as soon as is reasonably practicable after commencing to deal with that victim, of—
    1. the agency's complaints system referred to in subsection (1); and
    2. the victim's right to have a complaint reviewed under the Victims of Crime Commissioner Act 2015 if dissatisfied with the agency's response to the complaint.

Victim may complain to agency

A victim may complain to an investigatory agency, a prosecuting agency or a victims' services agency if the victim believes that the agency has not complied with the Charter principles.

Note
A victim may seek a review of the agency's response to the complaint under the Victims of Crime Commissioner Act 2015.

Quick exit