{"id":"a-1994-83","name":"Victims of Crime Act 1994","slug":"victims-of-crime-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"83 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24466,"registerId":"act-a-1994-83-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3A","sectionType":"division","heading":"4 Victims rights—information about administration of","content":"Division 3A.4 Victims rights—information about administration of\njustice processes\n","sortOrder":0},{"sectionNumber":"15D","sectionType":"section","heading":"Police to tell victims about administration of justice processes after","content":"15D Police to tell victims about administration of justice processes after\noffence reported 27\n\nPage\ncontents 3\n15E DPP to give information to victim witnesses 28\n15F Police and DPP to tell victims about victim impact statement 28\n15G DPP to tell victims about decisions to discontinue prosecution and\nreview of decisions 29\n15H Justice agencies to tell eligible victims about victims register etc 30\n15I Justice agencies to tell victims about justice agency complaints and\nvictims rights concerns 31\nDivision 3A.5 Victims rights—information about investigations,\nproceedings and decisions\n16 Police to give written confirmation to victims reporting offences 32\n16A Police to update victims about status of investigations 32\n16B DPP to consider victims’ views about dealing with charges 33\n16C Police and DPP to update victims about bail decisions 35\n16D DPP to tell victims about hearings 35\n16E DPP to tell victims about reparation orders 36\n16F DPP to tell victims about outcomes of trials and appeals 37\n16G Justice agencies to tell victims about inquiries for parole or release on\nlicence 37\n16H Justice agencies to tell victims about parole or release on licence\ndecisions 39\n16I Justice agencies may give information about offenders to registered\nvictims 40\n16J Justice agencies to tell registered victims about transfer etc of\ndetained offenders 41\n16K Adult offender victims register unit to tell victim about intensive\ncorrection orders 42\n16L DPP to tell victims about court requirements and orders relating to\noffender’s mental health 43\n16M ACAT to tell victims about mental health orders etc 45\n16N Affected person register unit to tell victims about affected person\nregister etc 46\n17 Justice agency to present victims’ concerns about protection in bail\nsubmissions 47\n17A Victims may make victim impact statements 48\n17B Corrective services unit to consider victims’ views about pre-sentence\nreport or intensive correction assessment 48\n\nPage\ncontents 4 Victims of Crime Act 1994\n17C Victims may be in courtroom for proceedings 49\n17D Victims may make submissions for parole or release on licence\ninquiries 49\n17E Victims may give statement to ACAT for mental health orders etc 51\n17F Affected person register unit to assist victims to participate in order\nhearings 51\n17G Victims may participate in restorative justice 52\nSubdivision 3A.7.1 Complying with victims rights\n18 Justice agencies must comply with victims rights 53\n18A Other entities should have regard to victims rights 53\n18B Victims’ representatives 54\n18C Justice agencies to tell victims about administration of justice\nprocesses 55\nSubdivision 3A.7.2 Complaints and concerns about victims rights\n18D Victims may make justice agency complaints to justice agencies 55\n18E Justice agencies to deal with justice agency complaints 56\n18F Victims may raise victims rights concern with commissioner 57\n18G Commissioner to deal with victims rights concerns 58\n18H Justice agencies to make victims rights guidelines 59\n18I Justice agencies to include justice agency complaints in annual report 59\n18J Commissioner to include victims rights concerns in annual report 60\n18K Legal rights not affected 61\n19 Victims services scheme—establishment 62\n20 Victims services scheme—eligibility 62\n21 Victims services scheme—annual report 62\n22 Victims services scheme—access to information and protection of\nprivacy 63\n22A Establishment of board 64\n\nPage\ncontents 5\n22B Functions of board 64\n22C Membership of board 64\n22D Appointed members of board 65\n22E Chair 66\n22F Conditions of appointment generally 66\n22G Term of appointment 66\n22H Time and place of meetings 67\n22I Procedures governing conduct of meetings 68\n22J Disclosure of interests 68\n23 Meaning of offence—pt 5 69\n24 Imposition of victims services levy 69\n26 Levy not to be reduced 69\n27 Effect of appeal etc 70\n28 Protection from liability 71\n29 Secrecy 71\n29A Delegation by chief police officer 73\n30 Regulation-making power 73\nDictionary 74\n1 About the endnotes 78\n2 Abbreviation key 78\n3 Legislation history 79\n4 Amendment history 84\n5 Earlier republications 95\n\nAn Act relating to victims of crime and other harmful behaviour\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Victims of Crime Act 1994.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n3AA Objects of Act\nThe objects of this Act are to—\n(a) acknowledge the central role of victims in the criminal justice\nprocess; and\n(b) contribute to upholding the safety, privacy and dignity of people\nadversely affected by crime and other harmful behaviour; and\n(c) help victims deal with the effects of criminal offences and other\nharmful behaviour; and\n(d) acknowledge, promote and uphold the rights and interests of\nvictims in the administration of justice; and\n(e) recognise and establish appropriate ways for agencies involved\nin the administration of justice to engage with victims in order\nto minimise adverse outcomes and prevent trauma for victims;\nand\n(f) establish requirements for monitoring and reviewing victims\nrights.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Who is a victim?","content":"6 Who is a victim?\n(1) In this Act (other than division 3A.3A):\nvictim means a person who suffers harm because of an offence and\nincludes—\n(a) a person (the primary victim) who suffers harm—\n(i) in the course of, or as a result of, the commission of an\noffence; or\n(ii) as a result of witnessing an offence; and\n(b) a family member, of the primary victim, who suffers harm\nbecause of the harm to the primary victim; and\n(c) a person who is financially or psychologically dependent on the\nprimary victim and who suffers harm because of the harm to the\nprimary victim; and\n(d) the following people under the Victims of Crime (Financial\nAssistance) Act 2016:\n(i) a primary victim;\n(ii) a related victim;\n(iii) a homicide witness; and\n(e) if a person mentioned for this definition is a child or legally\nincompetent person—a guardian of the child or legally\nincompetent person.\n(2) However, a victim does not include a person who suffers harm\nbecause of an offence he or she committed or is alleged to have\ncommitted.\n\nImportant concepts Part 2A\nguardian means—\n(a) for a child—a parent, a legally appointed guardian of the child\nor someone else with parental responsibility for the child under\nthe Children and Young People Act 2008, division 1.3.2\n(Parental responsibility); or\n(b) for a legally incompetent person—a person who is—\n(i) a legally appointed guardian of the legally incompetent\nperson; or\n(ii) an attorney, appointed under an enduring power of attorney\nthat has become operative, for the legally incompetent\nperson.\nharm includes 1 or more of the following:\n(a) physical injury;\n(b) mental injury or emotional suffering (including grief);\n(c) pregnancy;\n(d) economic loss;\n(e) substantial impairment of a person’s legal rights.\nlegally incompetent person means an adult who is subject to—\n(a) an enduring power of attorney that has become operative; or\n(b) a guardianship order.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of administration of justice","content":"7 Meaning of administration of justice\nIn this Act:\nadministration of justice includes the provision of services by a\njustice agency.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of justice agency","content":"8 Meaning of justice agency\n(1) In this Act:\njustice agency—\n(a) means any of the following entities:\n(i) the director-general of the administrative unit responsible\nfor maintaining a register of victims of offenders under the\nCrimes (Sentence Administration) Act 2005, section 215\n(the adult offenders victims register unit);\n(ii) the director-general of the administrative unit responsible\nfor maintaining the affected person register under the\nMental Health Act 2015, part 7.2 (the affected person\nregister unit);\n(iii) the chief police officer;\n(iv) the director-general of the administrative unit responsible\nfor the Corrections Management Act 2007 (the corrective\nservices unit);\n(v) a court or tribunal, when acting in an administrative\ncapacity;\n(vi) the director of public prosecutions;\n(vii) a referring entity, when acting in an administrative\ncapacity;\n(viii) the director-general of the administrative unit responsible\nfor the Crimes (Restorative Justice) Act 2004 (the\nrestorative justice unit);\n(ix) the sentence administration board, when acting in an\nadministrative capacity;\n(x) the victims of crime commissioner;\n\nImportant concepts Part 2A\n(xi) the director-general of the administrative unit responsible\nfor this Act;\n(xii) the director-general of the administrative unit responsible\nfor maintaining a register of victims of young offenders\nunder the Crimes (Sentence Administration) Act 2005,\nsection 215A (the youth justice victims register unit);\n(xiii) the director-general responsible for the Children and\nYoung People Act 2008;\n(xiv) an entity prescribed by regulation; but\n(b) does not include any of the following:\n(i) the Chief Justice or a judge;\n(ii) the Chief Magistrate, a magistrate or any office that must\nbe occupied by a magistrate.\n(2) For subsection (1), definition of justice agency, paragraph (a), an\nentity that is a court or tribunal is acting in an administrative capacity\nother than when it is exercising its jurisdiction in relation to any\nproceeding before it.\nNote 1 A director-general may delegate to a public employee or another person\na function given to the director-general under this Act (see Public Sector\nManagement Act 1994, s 20).\nNote 2 An entity that is not a justice agency need not comply with victims rights\n(see s 18), although the entity should have regard to victims rights\n(see s 18A).\n\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Functions","content":"11 Functions\n(1) The commissioner has the following functions in connection with the\nadministration of justice:\n(a) to manage the victims services scheme, the financial assistance\nscheme and any other program for the benefit of victims;\n(b) to advocate for the interests of victims;\n(c) to advocate for the interests of affected people under the Mental\nHealth Act 2015;\n(d) to monitor and promote compliance with victims rights;\n(e) to ensure victims rights concerns are dealt with promptly and\neffectively;\n(f) to promote the prompt and effective resolution of complaints\nabout victims rights made to relevant complaints entities;\n(g) to ensure the provision of efficient and effective services for\n(h) to consult on and promote reforms to meet the interests of\n(i) to develop educational and other programs to promote\nawareness of the interests of victims;\n(j) to distribute information about the operation of this Act and the\ncommissioner’s functions;\n(k) to ensure that victims receive information and assistance they\nneed in connection with their involvement in the administration\nof justice;\n(l) to encourage and facilitate cooperation between agencies\ninvolved in the administration of justice with respect to victims;\n\nVictims of crime commissioner Part 3\n(m) to advise the Minister on matters relating to the interests of\n(n) any other function given to the commissioner under this Act or\nanother territory law.\nNote 1 The commissioner is a member of the human rights commission\nappointed under the Human Rights Commission Act 2005, s 18D.\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\nrelevant complaints entity—see section 18G (4).\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Attendance at criminal proceedings","content":"13 Attendance at criminal proceedings\nFor the exercise of the commissioner’s functions under this Act, the\ncommissioner is entitled to be present at the hearing of a proceeding\nin a court in respect of an offence, including any part of the\nproceeding held in private, unless the court directs otherwise.\n\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Object—pt 3A","content":"14 Object—pt 3A\nThe object of this part is to ensure that, in the administration of\njustice, engagement with victims is governed by the victims rights.\n","sortOrder":11},{"sectionNumber":"14A","sectionType":"section","heading":"Meaning of victims rights","content":"14A Meaning of victims rights\nIn this Act:\nvictims rights means the rights in the following divisions:\n(a) division 3A.2 (Victims rights—respect, privacy and safety);\n(b) division 3A.3 (Victims rights—access to support, services, legal\nand financial assistance);\n(c) division 3A.4 (Victims rights—information about\nadministration of justice processes);\n(d) division 3A.5 (Victims rights—information about\ninvestigations, proceedings and decisions);\n(e) division 3A.6 (Victims rights—participation in proceedings).\nNote The victims rights are not exhaustive. Victims have a range of rights\nunder other territory laws.\n14AA Application of victims rights to victims under div 3A.3A\n(1) A victims right applies, as far as possible, to a victim of a child’s\nharmful behaviour under division 3A.3A.\nharmful behaviour—see section 15CA (1).\n\nPreliminary Division 3A.1\n","sortOrder":12},{"sectionNumber":"14B","sectionType":"section","heading":"Definitions—pt 3A","content":"14B Definitions—pt 3A\nIn this part:\nauthorised officer—see the Bail Act 1992, dictionary.\ndetained offender means an offender who—\n(a) has been sentenced for the offence; and\n(b) is—\n(i) a detainee within the meaning of the Corrections\nManagement Act 2007, section 6; or\n(ii) a young detainee within the meaning of the Children and\nYoung People Act 2008, section 95.\nforensic mental health order—see the Mental Health Act 2015,\nforensic patient—see the Mental Health Act 2015, section 127.\nintensive correction order—see the Crimes (Sentencing) Act 2005,\nsection 11 (2).\nmental health order—see the Mental Health Act 2015, dictionary.\noffender means a person convicted or found guilty of an offence by a\ncourt.\nparole order—see the Crimes (Sentence Administration) Act 2005,\nsection 117.\nregistered affected person, in relation to a forensic patient—see the\nMental Health Act 2015, section 129.\nregistered victim, of an offender—see the Crimes (Sentence\nAdministration) Act 2005, section 213.\n\ntransfer or release, of a detained offender, means—\n(a) the transfer of the detainee from their place of detention; or\nExamples\n1 transporting an offender from a detention place to hospital\n2 transferring an offender from a correctional centre to an equivalent\ninstitution interstate\n(b) the release of a detainee from their place of detention, including\nfor a temporary absence.\nExamples—temporary absence\n1 to work or seek work\n2 to attend a funeral or visit a relative suffering a serious illness\n3 to attend a place of education or training\n4 to participate in a prison program that includes release under a\npre-release permit scheme\nvictim impact statement, for an offence—see the Crimes (Sentencing)\nAct 2005, section 47.\nyoung offender—see the Crimes (Sentence Administration)\nAct 2005, dictionary.\nDivision 3A.2 Victims rights—respect, privacy and\nsafety\n","sortOrder":13},{"sectionNumber":"14C","sectionType":"section","heading":"Respectful engagement with victims","content":"14C Respectful engagement with victims\n(1) A justice agency must engage with a victim respectfully and with\nappropriate regard to the victim’s personal situation, needs, concerns,\nrights and dignity.\n(2) A justice agency must take into account, and be responsive to, the\nindividual needs of a victim, particularly needs relating to any of the\nfollowing:\n(a) age;\n(b) disability;\n\n(c) gender identity;\n(d) race;\n(e) religion;\n(f) sex;\n(g) sexuality;\n(h) parental, family, carer or kinship responsibilities.\n","sortOrder":14},{"sectionNumber":"14D","sectionType":"section","heading":"Respectful engagement with child victims","content":"14D Respectful engagement with child victims\nIf a primary victim is a child, a justice agency must—\n(a) as far as practicable, consider the child’s views, wishes and\ncircumstances before engaging with the child’s parent or carer\nas the victim in relation to victims rights; and\n(b) engage with the child in a way that is appropriate for a person of\nthe child’s age who is not a victim.\n","sortOrder":15},{"sectionNumber":"14E","sectionType":"section","heading":"Contact with victims","content":"14E Contact with victims\n(1) A justice agency must contact a victim if, in exercising a function in\nrelation to victims rights, it is required to do so (a required contact).\n(2) However, a justice agency need not make a required contact with a\nvictim if—\n(a) the justice agency has told the victim about each required\ncontact (including the right to which each contact relates) and\nthe victim does not want any required contact, or does not want\nthe particular required contact; or\n(b) another agency has already made the required contact with the\nvictim; or\n(c) it is not possible or practicable in the circumstances to make the\nrequired contact with the victim; or\n\n(d) for a person who is a victim under section 6 (1), definition of\nvictim, paragraph (b) or (c) (an associated victim)—the justice\nagency—\n(i) has already made the required contact with the primary\nvictim; and\n(ii) considers it unnecessary to also contact the associated\nvictim.\nExamples—par (b)\n1 if the DPP is required to give a victim information, the DPP may arrange with\nthe chief police officer for a police officer to give the information to the victim\n2 if the ACAT is required to give a victim information, the ACAT may arrange\nfor the commissioner give the information to the victim\nExamples—par (c)\n1 the victim cannot be found after reasonable steps have been taken to find the\nvictim\n2 the proceedings progress too quickly for the victim to be contacted\n3 a justice agency is not aware of a victim or cannot reasonably find a victim’s\ncontact details\n","sortOrder":16},{"sectionNumber":"14F","sectionType":"section","heading":"Victims’ privacy","content":"14F Victims’ privacy\n(1) A justice agency must not disclose personal information about a\nvictim or a family member of the victim, unless the information is\ndisclosed—\n(a) in the course of a proceeding before a court or tribunal; or\n(b) under a territory law; or\n(c) with the victim’s consent.\neducational institution means a school, college or other educational\ninstitution, whether or not operated in the ACT or by or on behalf of\nthe Territory.\n\npersonal information, about a person, includes—\n(a) a person’s home address and contact details; and\n(b) if the person is employed—the place where the person is\nemployed; and\n(c) if the person is a student—the educational institution the person\nattends.\n","sortOrder":17},{"sectionNumber":"14G","sectionType":"section","heading":"Storage and return of victims’ property","content":"14G Storage and return of victims’ property\n(1) If a victim’s property is held by a justice agency for the purpose of\ninvestigating or prosecuting a criminal offence, the property must\nbe—\n(a) handled and stored in a lawful, respectful and secure manner;\nand\n(b) returned to the victim as soon as practicable after it is no longer\nneeded for that purpose.\n(2) However, for subsection (1) (b)—\n(a) the property must not be returned to the victim if the victim’s\npossession of the property would be an offence; and\n(b) the property need not be returned to the victim directly.\nNote The Court Procedures Rules 2006 sets out for how long exhibits put into\nevidence may be kept by the court in proceedings (see r 6762), including\nin appeals proceedings (see r 5194), duties on parties to claim exhibits\n(see r 6763) and disposal of exhibits (see r 6766).\n","sortOrder":18},{"sectionNumber":"14H","sectionType":"section","heading":"Victims’ appearance at preliminary or committal hearings","content":"14H Victims’ appearance at preliminary or committal hearings\nThe director of public prosecutions must not require a victim to\nappear at a preliminary hearing or a committal hearing unless—\n(a) a court directs the victim to appear; or\n\n(b) the director of public prosecutions considers the victims’\nappearance necessary in the interests of justice.\nNote Under the Magistrates Court Act 1930, s 90AA, written statements may\ngenerally be admitted as evidence in a committal hearing, however, the\ncourt may give leave for evidence to be given in person at the hearing if\nit considers it necessary in the interests of justice (see that Act,\ns 90AA (7)).\n","sortOrder":19},{"sectionNumber":"14I","sectionType":"section","heading":"Minimising victims’ exposure to accused etc","content":"14I Minimising victims’ exposure to accused etc\n(1) This section applies to a victim of an offence if the victim—\n(a) is in a court or tribunal building for a proceeding for the offence;\nand\n(b) has told a relevant justice agency that the victim may need\nprotection from violence or harassment by any of the following\npeople:\n(i) an accused person for the offence;\n(ii) a defence witness;\n(iii) a family member of the accused or any person supporting\nthe accused.\n(2) The relevant justice agency must, as far as practicable, minimise the\nvictim’s exposure to the person while in the court or tribunal building.\nNote The Evidence (Miscellaneous Provisions) Act 1991, pts 4.2 and 4.3 set\nout special requirements that apply in particular proceedings to stated\nkinds of witnesses, including children and intellectually impaired\nwitnesses, to minimise the exposure of a witness to an accused.\nParticularly, that Act sets out—\n• when a stated kind of witness may give evidence by audiovisual link\nin particular proceedings (see tables 43.1 to 43.4 and div 4.3.5); and\n• that a court may order that an accused person be screened from a\nwitness while the witness is giving evidence in a courtroom\n(see s 47); and\n\n• that a witness in a relevant proceeding must not be examined\npersonally by the accused person (see s 48); and\n• that a court may order that the court be closed to the public while a\nwitness is giving evidence (see s 50).\nexposure, of a victim to another person—\n(a) includes—\n(i) any form of physical contact between the victim and the\nother person; and\n(ii) face-to-face communication between the victim and the\nother person; but\n(b) does not include—\n(i) oral communication by telephone; or\n(ii) written communication, including electronic\ncommunication.\n(a) the director of public prosecutions;\n(b) a court or tribunal, when acting in an administrative capacity.\n","sortOrder":20},{"sectionNumber":"14J","sectionType":"section","heading":"Minimising registered victims’ exposure to offenders etc","content":"14J Minimising registered victims’ exposure to offenders etc\n(a) an offender is sentenced; or\n(b) for a detained offender—the offender is transferred or released\nfrom their place of detention.\n\nDivision 3A.3 Victims rights—access to support, services, legal and financial assistance\n(2) A relevant justice agency must, as soon as practicable, tell each\nregistered victim of the offender about actions the victim may take to\nminimise their exposure to, and prevent contact from, the offender.\nExamples—actions victim may take\n1 apply for a personal protection order under the Personal Violence Act 2016\n2 ask that the offender be directed to not contact the victim by phone or mail\nunder the Corrections Management Act 2007, s 47 (6) or s 48 (5)\n3 ask that a young offender be directed to not contact the victim by phone or\nmail under the Children and Young People Act 2008, s 174 (6) or s 175 (4)\nDivision 3A.3 Victims rights—access to support,\nservices, legal and financial\nassistance\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Referral of victims to support services","content":"15 Referral of victims to support services\n(1) The chief police officer must, as soon as practicable, refer a victim of\nan offence to a service that provides support or assistance suitable for\nthe victim and the victim’s circumstances.\nExamples—as soon as practicable\n1 after a person reports an offence to police\n2 after police become aware an offence has been committed\n(2) However, a referral need not be made if it would not be appropriate\nin the circumstances.\nExample—not appropriate in the circumstances\nthe victim does not consent to the referral\n\nVictims rights—access to support, services, legal and financial assistance Division 3A.3\n","sortOrder":22},{"sectionNumber":"15A","sectionType":"section","heading":"Provision of aids or adjustments to victims","content":"15A Provision of aids or adjustments to victims\nA justice agency must, unless the court directs otherwise, ensure a\nvictim of an offence is provided with, or is able to access—\n(a) any special requirement the victim is entitled to in relation to a\nproceeding for the offence under the Evidence (Miscellaneous\nProvisions) Act 1991, part 4.2; and\n(b) any aid or adjustment that is reasonably necessary to enable the\nvictim to fully participate in the administration of justice for the\nExamples—aid or adjustment\n1 assistance animal\n2 intermediary or support person\n3 interpreter or translator\nNote 1 The Evidence (Miscellaneous Provisions) Act 1991 sets out—\n(a) when a court may appoint an intermediary in a criminal proceeding\nfor a witness with a communication difficulty (see that Act, ch 1B);\nand\n(b) when a court may order that a witness have a support person in\ncourt while giving evidence (see that Act, s 49 and s 101).\nNote 2 The Evidence Act 2011, s 30 sets out when a witness in a proceeding may\ngive evidence through an interpreter.\nNote 3 This section applies to a court or tribunal, a referring entity or a member\nof the sentence administration board only when acting in an\nadministrative capacity, but does not apply to a judge, a magistrate, or a\ncourt or tribunal when exercising its jurisdiction in relation to any\nproceeding before it (see s 8 (1), definition of justice agency, par (a) (v),\n(vii) and (ix) and s (2)).\n\nDivision 3A.3 Victims rights—access to support, services, legal and financial assistance\n","sortOrder":23},{"sectionNumber":"15B","sectionType":"section","heading":"Victims may request referral of offences to restorative","content":"15B Victims may request referral of offences to restorative\njustice\n(1) A victim of an offence may—\n(a) at any stage during the administration of criminal justice for the\noffence, ask a justice agency whether the offence may be\nreferred for restorative justice; and\n(b) at any stage of the criminal justice process for the offence, ask a\nreferring entity for that stage of the process to refer the offence\nfor restorative justice.\nNote 1 The Crimes (Restorative Justice) Act 2004 sets out eligibility\nrequirements for restorative justice (see that Act, pt 5) and the process for\nreferral of offences for restorative justice (see that Act, pt 6).\nNote 2 Under the Crimes (Restorative Justice) Act 2004, s 28A, in stated\ncircumstances, an offence may be referred for restorative justice by a\npost-sentence referring entity without telling the offender that the offence\nis being considered for restorative justice.\n(2) However, a victim of an offence committed by a person who is at\nleast 10 years old but under the age of criminal responsibility for the\noffence may ask the agency or entity at any time and whether or not\na criminal justice process has, or can be, begun for the offence.\nstage, of the criminal justice process, has the same meaning as in the\nCrimes (Restorative Justice) Act 2004, section 22.\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\n\n","sortOrder":24},{"sectionNumber":"15C","sectionType":"section","heading":"Reimbursement and financial assistance for victims","content":"15C Reimbursement and financial assistance for victims\n(1) A victim who is required to attend court to give evidence as a witness\nin a criminal proceeding may be able to claim reimbursement of\nexpenses incurred or income lost in attending court.\nExamples—expenses\ntransport, parking, meals\nNote Under the Court Procedures Rules 2006, r 4331, a person who attends\nthe Magistrates Court as a witness in the hearing of a criminal proceeding\nis entitled to be paid witness expenses.\n(2) A victim may apply for financial assistance under the Victims of\nCrime (Financial Assistance) Act 2016.\nNote Eligibility requirements apply for financial assistance under the Victims\nof Crime (Financial Assistance) Act 2016, div 3.1.\n(3) A victim who suffers loss or incurs expense as a direct result of the\ncommission of an offence, or has property stolen, may ask the director\nof public prosecutions to apply for a reparation order under the\nCrimes (Sentencing) Act 2005, section 19 or section 20.\nNote A victim who suffers loss or expense as a direct result of the commission\nof an offence may be entitled to reparation from the offender by way of\npayment of money or otherwise, for the loss or expense (see Crimes\n(Sentencing) Act 2005, s 19). A victim whose property is stolen may be\nentitled to have the property restored to them or to payment of the value\nof the property (see that Act, s 20).\nDivision 3A.3A Victims rights—harm statement etc\n15CA Definitions—div 3A.3A\n(1) In this division:\nchild means a person under 14 years old.\nharm—see section 6 (3).\nharmful behaviour, of a child, means behaviour that causes harm to\nanother person.\n\nharm statement, in relation to a child’s harmful behaviour, means a\nstatement prepared by or for a victim of the behaviour for\nconsideration by the therapeutic support panel.\ntherapeutic support panel—see the Children and Young People\nAct 2008, dictionary.\nvictim, of a child’s harmful behaviour, means—\n(a) a person (a primary victim) who suffers harm because of the\nbehaviour; or\n(b) if a primary victim dies because of the behaviour—a person who\nwas financially or psychologically dependent on the primary\nvictim before the primary victim’s death.\nbecause of, a child’s harmful behaviour, means—\n(a) as a result of, or in the course of, the behaviour; or\n(b) in the course of assisting a police officer in the exercise of the\nofficer’s power to arrest a person for the behaviour or to take\naction to prevent the behaviour.\nloss of a pregnancy means a miscarriage or stillbirth.\n15CB Application—div 3A.3A\nThis division applies if—\n(a) a child has engaged in harmful behaviour; and\n(b) there is a victim of the behaviour; and\n(c) the child is not the subject of a criminal proceeding for the\nharmful behaviour.\n\n15CC Harm statement—who may make a harm statement\n(1) The following people may make a harm statement in relation to a\nchild’s harmful behaviour:\n(a) a victim of the behaviour;\n(b) a person with parental responsibility for a victim of the\nbehaviour;\n(c) a close family member of a victim of the behaviour;\n(d) a carer for a victim of the behaviour;\n(e) a person with an intimate personal relationship with a victim of\nthe behaviour.\nperson with parental responsibility, for a victim who is a child or\nyoung person—means a person with parental responsibility for the\nchild or young person under the Children and Young People\nAct 2008, division 1.3.2.\n15CD Harm statement—form and contents\n(1) A harm statement may, but need not, identify the victim to whom the\nstatement relates, but must not identify the victim if the victim does\nnot wish to be identified in the statement.\n(2) However, if the statement does not identify the victim, the therapeutic\nsupport panel must—\n(a) be told the identity of the victim; and\n(b) not disclose the identity to any other person.\n(3) If the person who makes the statement is not the victim (or the\nvictim’s representative)—\n(a) the statement must indicate that the victim does not object to the\nstatement being made to the therapeutic support panel; and\n\n(b) if practicable, the victim (or representative) must sign the\nstatement, or make a separate written or oral statement to the\npanel, to verify that the victim does not object.\n(4) If the victim to whom the statement relates is not a primary victim,\nthe statement must identify the primary victim and state the nature\nand length of the victim’s relationship with the primary victim.\n(5) If the statement is made by a person who is not the victim, the\nstatement must indicate the nature and length of the person’s\nrelationship with the victim.\n(6) The statement may state the circumstances of the harmful behaviour,\nand the harm suffered by the victim.\n(7) The statement may contain photographs, drawings or other images.\n(8) The statement must not contain anything that is offensive,\nthreatening, intimidating or harassing.\n(9) This section does not prevent a harm statement being made in relation\nto more than 1 victim.\n15CE Harm statement—presentation to panel\n(1) A harm statement may be given to the therapeutic support panel as—\n(a) a written statement signed by or for a victim of the behaviour;\nor\n(b) an oral statement by or for a victim of the behaviour; or\n(c) in any other way the panel considers appropriate.\n(2) The panel must allow the written statement to be read aloud, or a\nstatement that is not written to be given orally, if the victim wishes\nthe statement to be given to the panel in that way.\n\n15CF Harm statement—use by panel\n(1) In deciding how a child should be treated for their harmful behaviour,\nthe panel—\n(a) must take into account a harm statement given to the panel in\nrelation to the behaviour when exercising any panel function to\nwhich the statement is relevant; and\n(b) must not draw any inference about the harm suffered by a victim\nfrom the fact that a harm statement is not given to the panel in\nrelation to the behaviour.\nExamples—par (a)\n1 assessing the therapeutic needs and best interests of a child\n2 developing a plan for therapeutic treatment of the child\n3 promoting a child’s accountability for harmful behaviour\n4 use in restorative justice referrals\n(2) The panel may provide a copy or recording of a harm statement or\npart of a harm statement to the child if—\n(a) the panel considers providing the statement to the child to be in\nthe best interests of the child; and\n(b) the victim agrees to the copy or statement being given to the\nchild.\n15CG Harm statement—relevant entity to tell victims about\nharm statement\n(1) A relevant entity must, as soon as practicable, tell the victim the\nfollowing:\n(a) who may make a harm statement;\n(b) that a statement may be made orally or in writing;\n(c) what information a statement must and may include;\n\n(d) how a statement may be used by the therapeutic support panel\nin carrying out its functions, including that—\n(i) a copy of the statement may be given to the child but only\nif the victim agrees; and\n(ii) the panel must consider the statement in carrying out its\nfunctions.\nrelevant entity means the following:\n(b) the therapeutic support panel;\n(c) the commissioner.\n15CH Information disclosure to victim of harmful behaviour\n(1) The therapeutic support panel or the commissioner may disclose\ninformation about a child’s harmful behaviour, including information\nabout the therapeutic treatment of the child’s harmful behaviour, to\nthe victim of the behaviour but only if—\n(a) the chair of the panel and the commissioner agree that disclosure\nof the information is appropriate in the circumstances; and\n(b) the information does not include personal information or\npersonal health information about the child.\n(2) If the victim is under 15 years old, the panel or commissioner may\ndisclose the information to a person with parental responsibility for\nthe victim or a person acting for a victim or both.\n(3) In deciding whether disclosure of the information is appropriate in the\ncircumstances, the panel and commissioner must consider all relevant\ncircumstances, including the following:\n(a) the age of the child;\n\n(b) the nature of the harmful behaviour;\n(c) the effect of the harmful behaviour on the victim.\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\npersonal information—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\nperson with parental responsibility, for a victim under 15 years old—\nmeans a person with parental responsibility for the victim under the\nChildren and Young People Act 2008, division 1.3.2.\nDivision 3A.4 Victims rights—information about\nadministration of justice processes\n15D Police to tell victims about administration of justice\nprocesses after offence reported\n(1) The chief police officer must, as soon as practicable, give a victim of\na relevant offence information about the administration of justice\nprocesses that result from reporting the offence.\nExamples—resulting administration of justice processes\n1 charging and prosecuting an alleged offender\n2 giving evidence and the burden of proof in a proceeding\n3 a victim’s role in a proceeding as a witness for the prosecution\nchief police officer to be given information about administration\nof justice processes.\n\nDivision 3A.4 Victims rights—information about administration of justice processes\n","sortOrder":25},{"sectionNumber":"15E","sectionType":"section","heading":"DPP to give information to victim witnesses","content":"15E DPP to give information to victim witnesses\n(1) This section applies if a victim of an offence is required to attend\ncourt to give evidence as a witness for the prosecution in a proceeding\nfor the offence.\n(2) The director of public prosecutions must, within a reasonable period\nbefore the witness is to give evidence, tell the victim about, or where\nto find information about—\n(a) the hearing or trial process; and\n(b) the role, rights and responsibilities of witnesses.\n","sortOrder":26},{"sectionNumber":"15F","sectionType":"section","heading":"Police and DPP to tell victims about victim impact","content":"15F Police and DPP to tell victims about victim impact\nstatement\n(1) A relevant justice agency must, within a reasonable period before a\nvictim of an offence would be able to make a victim impact statement,\ntell the victim the following:\n(a) who may make a victim impact statement;\n(b) that a victim impact statement may be made orally or in writing;\n(c) what information a victim impact statement must and may\ninclude;\n(d) how a victim impact statement may be used in court during a\nproceeding, including that—\n(i) a copy of the victim impact statement will be given to the\noffender; and\n(ii) the victim may be cross-examined about the contents of the\nvictim impact statement; and\n\n(iii) the court must consider the victim impact statement in\ndeciding how the offender should be sentenced.\nNote The Crimes (Sentencing) Act 2005, pt 4.3 sets out the requirements for\nvictim impact statements. A victim impact statement may only be made\nfor an offence that is punishable by imprisonment for longer than 1 year\n(see that Act, s 48).\n","sortOrder":27},{"sectionNumber":"15G","sectionType":"section","heading":"DPP to tell victims about decisions to discontinue","content":"15G DPP to tell victims about decisions to discontinue\nprosecution and review of decisions\n(1) This section applies if a person is charged with 1 or more offences in\nrelation to a victim.\n(2) The director of public prosecutions must tell the victim which of the\ndirector’s decisions in relation to the charges are automatically\nreviewed.\n(3) If the director of public prosecutions decides to discontinue the\nprosecution of 1 or more of the charges, the director must, as soon as\npracticable after making the decision, tell the victim how the victim\nmay request a review of the decision if—\n(a) as a result of the decision, the person is not prosecuted for any\ncharge in relation to the victim; and\n(b) the decision will not be automatically reviewed.\n\nDivision 3A.4 Victims rights—information about administration of justice processes\n","sortOrder":28},{"sectionNumber":"15H","sectionType":"section","heading":"Justice agencies to tell eligible victims about victims","content":"15H Justice agencies to tell eligible victims about victims\nregister etc\n(1) A relevant justice agency must, as soon as practicable after an\noffender is sentenced for an offence, tell each victim who is eligible\nto be registered on the victims register—\n(a) how the victim may become registered on the victims register;\nand\n(b) the rights of registered victims to information about offenders\nwho are sentenced; and\n(c) the role of registered victims in relation to the release of\noffenders from imprisonment under a parole order or on licence.\nNote 1 Registration of victims of offenders is dealt with in the Crimes (Sentence\nAdministration) Act 2005, ch 10.\nNote 2 Release under parole and on licence are dealt with in the Crimes\n(Sentence Administration) Act 2005, ch 7 and pt 13.1.\nvictims register means—\n(a) the register of victims of offenders kept under the Crimes\n(Sentence Administration) Act 2005, section 215; or\n(b) the register of victims of young offenders kept under the Crimes\n(Sentence Administration) Act 2005, section 215A.\n\n","sortOrder":29},{"sectionNumber":"15I","sectionType":"section","heading":"Justice agencies to tell victims about justice agency","content":"15I Justice agencies to tell victims about justice agency\ncomplaints and victims rights concerns\n(1) This section applies if a victim tells a justice agency that the victim—\n(a) believes the agency has not complied with their victims rights;\nor\n(b) is otherwise dissatisfied with the justice agency’s services in\nrelation to victims rights.\n(2) The justice agency must, as soon as practicable, tell the victim how\nthe victim may—\n(a) make a justice agency complaint to the justice agency; or\n(b) if the victim believes the agency has not complied with their\nvictims rights—\n(i) raise a victims rights concern with the commissioner; or\n(ii) make a victims rights complaint to the human rights\ncommission; or\nNote Justice agency complaint—see s 18D (2).\nVictims rights complaint—see the Human Rights Commission\nAct 2005, s 41C (2).\nVictims rights concern—see s 18F (2).\n(c) if another entity has power to deal with the matter—make a\ncomplaint about the matter to the other entity.\nExamples\n1 if the matter relates to corrupt conduct, the victim may be able to make\na complaint to the integrity commission\n2 if the matter relates to a member of the Australian Federal Police, the\nvictim may be able to make a complaint to the National Anti-Corruption\nCommission (NACC) established under the National Anti-Corruption\nCommission Act 2022 (Cwlth), section 20\n\nDivision 3A.5 Victims rights—information about\ninvestigations, proceedings and\ndecisions\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Police to give written confirmation to victims reporting","content":"16 Police to give written confirmation to victims reporting\noffences\n(1) If a victim of a relevant offence reports the offence to a police officer,\nthe chief police officer must, as soon as practicable, give the victim\nwritten confirmation of the report, including the name and contact\ndetails of—\n(a) the police officer who took the report; and\n(b) another police officer the victim may contact about the report.\n(2) However, the chief police officer need not give written confirmation\nof the report if doing so is likely to affect the safety of the victim or\nanother person.\nchief police officer to provide written confirmation of the report.\n","sortOrder":31},{"sectionNumber":"16A","sectionType":"section","heading":"Police to update victims about status of investigations","content":"16A Police to update victims about status of investigations\n(1) If a police officer is investigating a relevant offence, the chief police\nofficer must give a victim of the offence an update about the status of\nthe investigation—\n(a) as soon as practicable after a change in the status of the\ninvestigation; and\n(b) at least every 6 weeks.\n\n(2) However, if the victim wishes to be updated less frequently, the chief\npolice officer may update the victim at another time agreed between\nthe chief police officer and the victim.\n(3) Also, if the chief police officer considers that giving the victim an\nupdate about the status of the investigation would prejudice the\ninvestigation, the matter generally or any other investigation, the\nchief police officer—\n(a) must not tell the victim about the status of the investigation; but\n(b) must tell the victim as much as possible about the progress of\nthe investigation.\nchange in status of an investigation, for an offence, includes when\npolice decide to—\n(a) charge a person with the offence; or\n(b) issue a warrant for the arrest of a person accused of committing\nthe offence.\nchief police officer to update the victim about the status of the\ninvestigation.\n","sortOrder":32},{"sectionNumber":"16B","sectionType":"section","heading":"DPP to consider victims’ views about dealing with","content":"16B DPP to consider victims’ views about dealing with\ncharges\n(a) a person has been charged with a relevant offence; and\n\n(b) the director of public prosecutions is considering taking any of\nthe following actions in relation to the charge (a proposed\naction):\n(i) substantially modifying the nature of the case in a\nproceeding for the charge, including by—\n(A) accepting a guilty plea for a lesser charge; or\n(B) discontinuing the prosecution of the charge;\n(ii) applying to the ACAT for an assessment order in relation\nto the person.\nNote The DPP may apply to the ACAT for an assessment order in\nrelation to a person alleged to have committed an offence if the\nDPP believes on reasonable grounds that it may not be appropriate\nto prosecute the person considering the nature and circumstances\nof the alleged offence and the person’s apparent mental disorder or\nmental illness (see Mental Health Act 2015, s 35).\n(2) The director of public prosecutions must, as soon as practicable and\nbefore taking the proposed action, seek and consider the victim’s\nviews about the proposed action.\n(3) However, the director of public prosecutions need not seek the\nvictim’s views if the director of public prosecutions considers that it\nwould prejudice the prosecution of an offence.\nassessment order—see the Mental Health Act 2015, dictionary.\ndirector of public prosecutions to tell the victim about any\nproposed action.\n\n","sortOrder":33},{"sectionNumber":"16C","sectionType":"section","heading":"Police and DPP to update victims about bail decisions","content":"16C Police and DPP to update victims about bail decisions\n(1) This section applies if a victim of an offence has expressed concern\nto a relevant justice agency about the need for protection from\nviolence or harassment by an accused person for the offence.\n(2) The relevant justice agency must, as soon as practicable, tell the\nvictim if—\n(a) a court or an authorised officer makes a decision about a grant\nof bail, or reviews a bail decision, in relation to the accused\nperson; or\n(b) bail is granted to the accused person and a condition is imposed\non the grant of bail to protect the victim or a family member of\nthe victim.\nNote The Bail Act 1992, s 47A outlines that victims should be given notice of\nbail decisions if they have expressed safety concerns.\naccused person—see the Bail Act 1992, dictionary.\n","sortOrder":34},{"sectionNumber":"16D","sectionType":"section","heading":"DPP to tell victims about hearings","content":"16D DPP to tell victims about hearings\n(a) a person has been charged with an offence; and\n(b) a court has set a hearing date for the charge.\n\n(2) The director of public prosecutions must, as soon as practicable after\nthe hearing date has been set, tell a victim of the offence the date, time\nand place of the hearing.\nNote The DPP need not give the information mentioned in s (2) to the victim\n","sortOrder":35},{"sectionNumber":"16E","sectionType":"section","heading":"DPP to tell victims about reparation orders","content":"16E DPP to tell victims about reparation orders\n(a) an offender is convicted or found guilty of an offence against a\nterritory law; but\n(b) the court has not yet sentenced or made a non-conviction order\nfor the offender.\n(2) The director of public prosecutions must tell a victim of the offence—\n(a) that a court may make a reparation order against the offender\nunder the Crimes (Sentencing) Act 2005 or another territory law;\nand\n(b) if the director of public prosecutions decides not to apply for the\norder—\n(i) the decision; and\n(ii) unless the director of public prosecutions considers that it\nwould prejudice the prosecution of an offence—the reason\nfor the decision.\nNote 1 Reparation orders are dealt with under the Crimes (Sentencing) Act 2005,\ns 19, s 20 and ch 7. Reparation orders are made on the basis of facts\nestablished by evidence given at trial, available documents, admissions\nby the offender, or submissions made by or for anyone (including the\nDPP) (see that Act, s 110).\nNote 2 The DPP need not give the information mentioned in s (2) to the victim\n\n","sortOrder":36},{"sectionNumber":"16F","sectionType":"section","heading":"DPP to tell victims about outcomes of trials and appeals","content":"16F DPP to tell victims about outcomes of trials and appeals\n(1) The director of public prosecutions must, as soon as practicable after\na proceeding for a relevant offence has ended, tell a victim of the\noffence about—\n(a) the outcome of the proceeding, including any sentence imposed\nby the court on the offender; and\n(b) if the offender appeals a decision under paragraph (a)—\n(i) the nature of the appeal; and\n(ii) the outcome of the appeal.\nNote The DPP need not give the information mentioned in s (1) to the victim\ndirector of public prosecutions to tell the victim about the\noutcome of the proceeding.\n","sortOrder":37},{"sectionNumber":"16G","sectionType":"section","heading":"Justice agencies to tell victims about inquiries for parole","content":"16G Justice agencies to tell victims about inquiries for parole\nor release on licence\n(1) This section applies if the sentence administration board intends to\nstart an inquiry into an application for—\n(a) parole by an offender under the Crimes (Sentence\nAdministration) Act 2005, chapter 7 (Parole); or\n(b) the release of an offender on licence under the Crimes (Sentence\nAdministration) Act 2005, part 13.1 (Release on licence).\n\n(2) A relevant justice agency must, as soon as practicable, tell a victim of\nan offender—\n(a) about the inquiry; and\n(b) how the victim may—\n(i) make a submission to the board; or\n(ii) tell the board about any concern in relation to the inquiry;\nor\n(iii) ask the board not to give the submission or concern to the\noffender or another person.\nNote 1 The sentence administration board must seek a registered victim’s views\nbefore starting an inquiry for parole (see Crimes (Sentence\nAdministration) Act 2005, s 123) or release on licence (see that Act,\ns 292) for an offender.\nNote 2 The sentence administration board must ensure, as far as practicable, that\ndocuments are not given to a person if it may endanger a victim or\nsomeone else, and other reasons (see Crimes (Sentence Administration)\nAct 2005, s 192).\n(3) The relevant justice agency must also give the victim the following\ninformation to assist the victim to make a submission or tell the board\nabout a concern:\n(a) information about the offender;\n(b) information about any assistance available to the victim to make\na submission or tell the board about a concern.\nNote 1 The Crimes (Sentence Administration) Act 2005 sets out the information\nthat must be given to a victim for an inquiry for parole (see that Act,\ns 124) or release on licence (see that Act, s 292 (6)).\nNote 2 Information about an offender may only be disclosed to a registered\nvictim of the offender if the disclosure is appropriate in the circumstances\n(see s 16I).\n\n(a) the adult offenders victims register unit;\n(b) the sentence administration board when acting in an\nadministrative capacity.\n","sortOrder":38},{"sectionNumber":"16H","sectionType":"section","heading":"Justice agencies to tell victims about parole or release on","content":"16H Justice agencies to tell victims about parole or release on\nlicence decisions\n(1) If the sentence administration board decides to make, or refuse to\nmake, a parole order for an offender, the relevant justice agency must,\nas soon as practicable, take reasonable steps to tell each relevant\nvictim of the offender about—\n(a) the board’s decision; and\n(b) if the board decides to make a parole order for the offender—\n(i) the offender’s parole release date; and\n(ii) in general terms, the offender’s parole obligations.\n(2) If the Executive makes a decision to grant, or refuse to grant, an\noffender a licence to be released from imprisonment, the relevant\njustice agency must, in writing, take reasonable steps to tell each\nrelevant victim of the offender, as soon as practicable, about—\n(a) the Executive’s decision; and\n(b) if the Executive grants a licence to the offender—\n(i) the offender’s licence release date; and\n(ii) in general terms, the offender’s release on licence\nobligations.\n\n(3) The relevant justice agency may also tell a relevant victim the general\narea where the offender will live while on parole or release.\nNote The Crimes (Sentence Administration) Act 2005 sets out the information\nto be given to victims in relation to parole orders for offenders (see that\nAct, s 133) and licences granted for release of offenders from\nimprisonment (see that Act, s 298).\n(a) the adult offenders victims register unit;\n(b) the sentence administration board when acting in an\nadministrative capacity.\nrelevant victim, of an offender—\n(a) for a parole order—see the Crimes (Sentence Administration)\nAct 2005, section 133 (6); and\n(b) for a grant of licence for release—see the Crimes (Sentence\nAdministration) Act 2005, section 298 (8).\n","sortOrder":39},{"sectionNumber":"16I","sectionType":"section","heading":"Justice agencies may give information about offenders to","content":"16I Justice agencies may give information about offenders to\nregistered victims\n(1) A relevant justice agency may tell a registered victim of an offender\ninformation about the offender if—\n(a) the offender has been sentenced; and\n(b) the victim asks the relevant justice agency for the information;\nand\n\n(c) the relevant justice agency is satisfied the disclosure is\nappropriate in the circumstances.\nNote Under the Crimes (Sentence Administration) Act 2005, if an offender has\nbeen sentenced, information about the offender may be disclosed to a\nregistered victim of the offender if the disclosure is appropriate in the\ncircumstances (see that Act, s 216 and s 216A).\n","sortOrder":40},{"sectionNumber":"16J","sectionType":"section","heading":"Justice agencies to tell registered victims about transfer","content":"16J Justice agencies to tell registered victims about transfer\netc of detained offenders\n(a) a detained offender—\n(i) is to be transferred or released from imprisonment or\ndetention; or\n(ii) escapes from custody; and\n(b) either—\n(i) a registered victim of the offender has expressed concern\nabout their safety or the need for protection from the\noffender to a relevant justice agency; or\n(ii) the relevant justice agency believes the offender’s transfer,\nrelease or escape is likely to affect the registered victim’s\nsafety.\n\n(2) The relevant justice agency must, as soon as practicable, tell the\nregistered victim—\n(a) if the detained offender is to be transferred or released from\nimprisonment or detention—\n(i) of the transfer or release; and\n(ii) any condition of the release that may affect the registered\nvictim’s safety; and\n(b) if the detained offender escapes from custody—of the escape.\n(3) However, subsection (2) does not apply if the relevant justice agency\nis satisfied the disclosure is not appropriate in the circumstances.\nNote Under the Crimes (Sentence Administration) Act 2005, if an offender has\nbeen sentenced, information about the offender may be disclosed to a\nregistered victim of the offender if the disclosure is appropriate in the\ncircumstances (see that Act, s 216 and s 216A).\n","sortOrder":41},{"sectionNumber":"16K","sectionType":"section","heading":"Adult offender victims register unit to tell victim about","content":"16K Adult offender victims register unit to tell victim about\nintensive correction orders\n(1) This section applies if an offender is subject to an intensive correction\norder and—\n(a) the offender has breached any of the offender’s intensive\ncorrection order obligations; or\n(b) the sentence administration board has decided to—\n(i) suspend or cancel the offender’s intensive correction order;\nor\n\n(ii) amend or discharge the offender’s intensive correction\norder; or\n(iii) reinstate the offender’s previously cancelled intensive\ncorrection order.\nNote Only adult offenders may be subject to an intensive correction order (see\nCrimes (Sentencing) Act 2005, s 11).\n(2) The adult offenders victims register unit must, as soon as practicable,\ntell a registered victim of the offender about the breach, suspension,\ncancellation, amendment, discharge or reinstatement of the offender’s\nintensive correction order if—\n(a) it is likely to affect the victim’s safety; or\n(b) the victim has expressed concern about their safety or the need\nfor protection from the offender to the adult offenders victims\nregister unit.\n","sortOrder":42},{"sectionNumber":"16L","sectionType":"section","heading":"DPP to tell victims about court requirements and orders","content":"16L DPP to tell victims about court requirements and orders\nrelating to offender’s mental health\n(1) If a court requires an offender in relation to a relevant offence to\nsubmit to the jurisdiction of the ACAT under any of the following\nprovisions, the director of public prosecutions must, as soon as\npracticable, tell a victim of the offence about the requirement:\n(a) the Crimes Act 1900, part 13 (Unfitness to plead and mental\nimpairment);\n(b) the Crimes Act 1914 (Cwlth), part 1B (Sentencing,\nimprisonment and release of federal offenders).\n\n(2) If the Magistrates Court orders that an offender in relation to a\nrelevant offence be taken to an approved mental health facility\nwithout requiring that the person submit to the jurisdiction of the\nACAT, the director of public prosecutions must, as soon as\npracticable, tell a victim of the offence about the order.\nNote 1 Under the Crimes Act 1900, s 309 the Magistrates Court may order that\nan accused be taken by a police officer or corrections officer to an\napproved mental health facility for clinical examination for the purpose\nof deciding whether the accused needs immediate treatment or care\nbecause of mental impairment.\nNote 2 The DPP need not give the information mentioned in s (1) or (2) to the\nvictim if another justice agency has already given the information to the\nvictim (see s 14E (2) (b)).\napproved mental health facility—see the Mental Health Act 2015,\noffender includes a person—\n(a) who is arrested in connection with an offence; or\n(b) in relation to whom there are sufficient grounds on which to\ncharge the person in connection with an offence; or\n(c) who is charged in connection with an offence.\ndirector of public prosecutions to tell the victim about the\ninformation mentioned in this section.\n\n","sortOrder":43},{"sectionNumber":"16M","sectionType":"section","heading":"ACAT to tell victims about mental health orders etc","content":"16M ACAT to tell victims about mental health orders etc\n(1) If the ACAT is considering making any of the following orders for an\noffender, the ACAT must, as soon as practicable, tell a registered\naffected victim of the offender that the ACAT is considering making\nthe order:\n(a) if section 16L (1) or (2) applies to the offender—a mental health\norder;\n(2) If the ACAT makes an order mentioned in subsection (1) for an\noffender, the ACAT must, as soon as practicable, tell a registered\naffected victim of the offender—\n(a) that the order has been made; and\n(b) the nature and length of the order.\nNote 1 The Mental Health Act 2015, s 134 sets out information in relation to a\nforensic patient that must be disclosed to a registered affected person if a\nmental health order has been made (see that Act, s 134 (2)). Other\ninformation may be disclosed if necessary for the registered affected\nperson’s safety and wellbeing (see that Act, s 134 (3)). However,\nidentifying information about a child, or a person who was a child when\nthe offence was committed or alleged to have been committed, may only\nbe given in certain circumstances (see that Act, s 134 (4)).\nNote 2 The ACAT need not give the information mentioned in this section to the\nvictim if another justice agency has already given the information to the\nvictim (see s 14E (2) (b)).\n\noffender—see section 16L (3).\nNote A victim can only be a registered affected person in relation to an\nregistered affected victim, of an offender, means a victim who is a\nregistered affected person for an offence committed or alleged to have\nbeen committed by the offender.\n","sortOrder":44},{"sectionNumber":"16N","sectionType":"section","heading":"Affected person register unit to tell victims about affected","content":"16N Affected person register unit to tell victims about affected\nperson register etc\n(1) The affected person register unit must tell a victim who is an affected\nperson because of an offence committed, or alleged to have been\ncommitted, by a forensic patient—\n(a) about the affected person register; and\n(b) the rights of a registered affected person; and\n(c) if the victim is a registered affected person—\n(i) when the victim’s information will be removed from the\nregister; and\n(ii) if an order has been made in relation to the forensic\npatient—\n(A) the information mentioned in the Mental Health\nAct 2015, section 134 (2) in relation to the forensic\npatient; and\n(B) any other information about the forensic patient that\nthe affected person register unit considers necessary\nfor the victim’s safety and wellbeing; and\n(C) whether the ACAT intends to hold a hearing in\nrelation to the order.\n\naffected person—see the Mental Health Act 2015, section 128 (1).\naffected person register—see the Mental Health Act 2015,\nsection 130.\nDivision 3A.6 Victims rights—participation in\nproceedings\n","sortOrder":45},{"sectionNumber":"17","sectionType":"section","heading":"Justice agency to present victims’ concerns about","content":"17 Justice agency to present victims’ concerns about\nprotection in bail submissions\n(1) If a court or an authorised officer is considering whether to grant bail\nto, or is reviewing a bail decision for, an accused person, a relevant\njustice agency must—\n(a) ask a victim of the accused person whether the victim has any\nconcerns about the need for protection from violence or\nharassment by the accused person; and\n(b) if the victim has expressed concern to the relevant justice agency\nabout the need for protection from violence or harassment by the\naccused person—tell the court or authorised officer about the\nconcern.\nNote The Bail Act 1992, s 23A outlines that a victim’s concern about the need\nfor protection from violence or harassment by an accused person must be\nconsidered by a court or authorised officer when making a decision about\nthe grant of bail to the accused person.\naccused person—see the Bail Act 1992, dictionary.\n\n","sortOrder":46},{"sectionNumber":"17A","sectionType":"section","heading":"Victims may make victim impact statements","content":"17A Victims may make victim impact statements\n(1) A victim of an offence may be eligible to make a victim impact\nstatement under the Crimes (Sentencing) Act 2005, part 4.3.\n(2) The director of public prosecutions must ensure, as far as practicable,\nthat no one other than the eligible victim decides whether or not to\nmake a victim impact statement.\nNote Under the Crimes (Sentencing) Act 2005, pt 4.3, a victim of an offence\nmay make a victim impact statement for the offence if the offence is\npunishable by imprisonment for longer than 1 year. The statement may\nbe made orally or in writing (see that Act, s 50) and must be considered\nby the court in deciding how an offender should be sentenced (see that\nAct, s 53).\n","sortOrder":47},{"sectionNumber":"17B","sectionType":"section","heading":"Corrective services unit to consider victims’ views about","content":"17B Corrective services unit to consider victims’ views about\npre-sentence report or intensive correction assessment\n(1) This section applies to a victim of a relevant offence if a court has\nordered that a pre-sentence report or an intensive correction\nassessment be prepared in relation to the offender.\n(2) In preparing the report or assessment, the corrective services unit\nmust seek and consider the victim’s concerns about the need for\nprotection from violence or harassment by the offender.\nNote Under the Crimes (Sentencing) Act 2005, an assessor who is preparing a\npre-sentence report or an intensive correction assessment for an offender\nmay ask a victim of the offender to provide information (see that Act,\ns 43 and s 46E).\nintensive correction assessment—see the Crimes (Sentencing)\nAct 2005, dictionary.\npre-sentence report—see the Crimes (Sentencing) Act 2005,\n\ncorrective services unit to contact the victim about protection\nfrom violence or harassment by the offender.\n","sortOrder":48},{"sectionNumber":"17C","sectionType":"section","heading":"Victims may be in courtroom for proceedings","content":"17C Victims may be in courtroom for proceedings\nA victim of an offence may be present in the courtroom during a\nproceeding for the offence, unless the court directs otherwise.\nNote 1 Under the Court Procedures Act 2004, s 72 (2), if a child or young person\nis the subject of a criminal proceeding in a court, the court may exclude\na victim to which the proceeding relates from being present at the hearing\nof the proceeding if the court considers it is appropriate to do so having\nregard to the victim’s behaviour or expected behaviour, or the nature of\nthe victim’s relationship with the child or young person.\nNote 2 The Evidence (Miscellaneous Provisions) Act 1991, pts 4.2 and 4.3 set\nout when a stated kind of witness may give evidence by audiovisual link\nin particular proceedings (see tables 43.1 to 43.4 and div 4.3.5).\n","sortOrder":49},{"sectionNumber":"17D","sectionType":"section","heading":"Victims may make submissions for parole or release on","content":"17D Victims may make submissions for parole or release on\nlicence inquiries\n(1) This section applies if the sentence administration board intends to\nstart an inquiry into an application by an offender for—\n(a) parole by an offender under the Crimes (Sentence\nAdministration) Act 2005, chapter 7; or\n(b) the release of an offender on licence under the Crimes (Sentence\nAdministration) Act 2005, part 13.1.\n\n(2) A victim of an offence to which the offender’s application relates\nmay—\n(a) make an oral or written submission to the board about the\ngranting of parole or a licence for the offender, including the\nlikely effect on the victim, or on the victim’s family, if parole or\nthe licence were to be granted; or\n(b) tell the board, orally or in writing, about any concern of the\nvictim or the victim’s family about the need to be protected from\nviolence or harassment by the offender.\nNote Under the Crimes (Sentence Administration) Act 2005, the sentence\nadministration board must seek a registered victim’s views before starting\nan inquiry for parole (see that Act, s 123) or release on licence (see that\nAct, s 292) for an offender.\n(3) The board, when acting in an administrative capacity, must ensure, as\nfar as practicable, that a victim’s submission is not given to a\nparticular person if—\n(a) the victim asks the board to not give the submission to the\nperson; and\n(b) a judicial officer of the board considers there is a substantial risk\nthat giving the submission to the person would endanger the\nvictim or anyone else.\nNote The sentence administration board must ensure, as far as practicable, that\ndocuments are not given to certain people for the reason mentioned in\ns (3) (b) and other reasons (see Crimes (Sentence Administration)\nAct 2005, s 192).\n(4) If the board intends to give the victim’s submission to a particular\nperson after being asked not to by the victim under subsection (3) (a),\nthe board must tell the victim of the board’s intention.\n\n","sortOrder":50},{"sectionNumber":"17E","sectionType":"section","heading":"Victims may give statement to ACAT for mental health","content":"17E Victims may give statement to ACAT for mental health\norders etc\n(1) This section applies if the ACAT is considering making any of the\nfollowing orders for an offender:\n(a) a mental health order;\n(2) The following people may appear and give evidence at the hearing in\nrelation to the order or provide a statement to the ACAT in relation\nto the order:\n(a) a victim who is a registered affected person for an offence\ncommitted or alleged to have been committed by the offender;\n(b) another victim with the leave of the ACAT.\nNote 1 In making a mental health order, the ACAT must take into account the\nviews of people appearing in the proceeding (see Mental Health\nAct 2015, s 56). In making a forensic mental health order, the ACAT must\ntake into account any statement by a registered affected person and the\nviews of people appearing in the proceeding (see Mental Health\nAct 2015, s 99).\nNote 2 Certain hearings under the Mental Health Act 2015 must be held in\nprivate (see that Act, s 194).\nNote 3 A victim can only be a registered affected person in relation to an\n","sortOrder":51},{"sectionNumber":"17F","sectionType":"section","heading":"Affected person register unit to assist victims to","content":"17F Affected person register unit to assist victims to\nparticipate in order hearings\n(1) This section applies if the ACAT is considering making any of the\nfollowing orders for an offender:\n(a) if section 16L (1) or (2) applies to the offender—a mental health\norder;\n\n(2) The affected person register unit must—\n(a) tell a victim of the offender how the victim may—\n(i) apply to the ACAT for leave to participate in any hearing\nin relation to the order; and\n(ii) if leave is granted—participate in the hearing; and\n(b) for a victim who is a registered affected person—\n(i) offer to assist the victim to participate in the hearing; and\n(ii) if the victim accepts the offer—assist the victim to\nparticipate in the hearing.\nNote A victim can only be a registered affected person in relation to an\nparticipate, in a hearing in relation to an order, includes—\n(a) appear and give evidence at the hearing of the order; or\n(b) provide a statement to the ACAT in relation to the order.\n","sortOrder":52},{"sectionNumber":"17G","sectionType":"section","heading":"Victims may participate in restorative justice","content":"17G Victims may participate in restorative justice\n(1) A victim of an offence may take part in a process of restorative justice\nunder the Crimes (Restorative Justice) Act 2004 in relation to the\noffence if the victim is—\n(a) an eligible victim; and\n(b) a suitable victim.\n\neligible victim—see the Crimes (Restorative Justice) Act 2004,\nsection 17.\nsuitable victim—see the Crimes (Restorative Justice) Act 2004,\nsection 34.\nNote The Crimes (Restorative Justice) Act 2004 sets out when a victim of an\noffence is an eligible victim (see that Act, s 17) and the matters the\ndirector-general must consider in deciding whether an eligible victim is a\nsuitable victim (see that Act, s 34) for restorative justice in relation to the\n","sortOrder":53},{"sectionNumber":"Subdiv 3A","sectionType":"subdivision","heading":"7.1 Complying with victims rights","content":"Subdivision 3A.7.1 Complying with victims rights\n","sortOrder":54},{"sectionNumber":"18","sectionType":"section","heading":"Justice agencies must comply with victims rights","content":"18 Justice agencies must comply with victims rights\n(1) A justice agency must, when engaging with a victim, comply with all\nvictims rights that apply to the victim.\n(2) If complying with a particular right would support a victim, despite\nthe right not applying to the victim, a justice agency should, as far as\npracticable, comply with the right in relation to the victim.\n(3) In considering whether complying with a right would support a\nvictim, the justice agency should have regard to the individual needs\nof the victim and their circumstances.\n","sortOrder":55},{"sectionNumber":"18A","sectionType":"section","heading":"Other entities should have regard to victims rights","content":"18A Other entities should have regard to victims rights\nAn entity that is not a justice agency should have regard to victims\nrights when engaging with a victim.\nExamples—entities that should have regard to victims rights\n1 non-government organisations that engage with victims\n2 government policy areas that engage with victims\n\n","sortOrder":56},{"sectionNumber":"18B","sectionType":"section","heading":"Victims’ representatives","content":"18B Victims’ representatives\n(1) A victim may nominate a person, in writing, to be the victim’s\nrepresentative (a representative) to do any of the following for the\nvictim, as nominated by the victim:\n(a) to exercise some or all victims rights;\n(b) to receive some or all information required to be given to the\nvictim in relation to victims rights;\n(c) to make a justice agency complaint, raise a victims rights\nconcern or make a victims rights complaint for the victim.\nNote Justice agency complaint—see s 18D (2).\nVictims rights complaint—see the Human Rights Commission\nAct 2005, s 41C (2).\nVictims rights concern—see s 18F (2).\n(2) A victim may nominate anyone to be their representative, including—\n(a) a relative or friend of the victim; or\n(b) an officer or employee of an organisation whose functions\ninclude the provision of information, support or services to\nvictims.\nExamples—par (b)\n• victim liaison officer\n• victim support agency\n(3) If a victim nominates a representative and the nominee agrees to be\nthe victim’s representative, the representative must be given the\ninformation they are allowed to be given under subsection (1) (b).\n\n","sortOrder":57},{"sectionNumber":"18C","sectionType":"section","heading":"Justice agencies to tell victims about administration of","content":"18C Justice agencies to tell victims about administration of\njustice processes\nA justice agency must make the following information available to a\nvictim in a way the victim understands:\n(a) victims rights and how a victim may make a justice agency\ncomplaint, raise a victims rights concern or make a victims\nrights complaint if the victim believes a justice agency has not\ncomplied with their victims rights;\n(b) how to report an offence to a police officer and the\nadministration of justice processes that result from making a\nreport;\n(c) any services that provide support or assistance, including legal\nand financial assistance, that are available to the victim;\n(d) hearing and trial processes, including the role, rights and\nresponsibilities of witnesses;\n(e) restorative justice options that are available to victims, including\nthe referral process, and that there are eligibility and suitability\nrequirements for restorative justice under the Crimes\n(Restorative Justice) Act 2004.\nSubdivision 3A.7.2 Complaints and concerns about victims\nrights\n","sortOrder":58},{"sectionNumber":"18D","sectionType":"section","heading":"Victims may make justice agency complaints to justice","content":"18D Victims may make justice agency complaints to justice\nagencies\n(a) a victim engages with a justice agency; and\n(b) the victim—\n(i) believes the justice agency has not complied with their\nvictims rights; or\n\n(ii) is otherwise dissatisfied with the justice agency’s services\nin relation to victims rights.\n(2) The victim may make a complaint about the justice agency’s conduct\nto the justice agency (a justice agency complaint).\nNote Alternatively, a victim may raise a victims rights concern with the\ncommissioner (see s 18F (2)) or make a victims rights complaint to the\nhuman rights commission (see Human Rights Commission Act 2005,\ns 41C (2)).\n(3) A justice agency complaint may be made orally or in writing.\n(4) A justice agency must record an oral complaint in writing if—\n(a) the agency considers the complaint is of a sufficiently serious\nnature to be recorded in writing; or\n(b) the victim asks the agency to record the complaint in writing.\nNote A complaint may be made for a victim by the victim’s representative if\nnominated to do so by the victim (see s 18B).\n(5) A justice agency complaint may be withdrawn at any time by—\n(a) the victim; or\n(b) if the victim has nominated a representative to make the\ncomplaint—the victim’s representative.\n(6) In this section:\nrepresentative—see section 18B (1).\n","sortOrder":59},{"sectionNumber":"18E","sectionType":"section","heading":"Justice agencies to deal with justice agency complaints","content":"18E Justice agencies to deal with justice agency complaints\n(1) If a victim makes a justice agency complaint to a justice agency, the\njustice agency must—\n(a) give the victim information about the process that will be used\nfor resolving the complaint; and\n(b) take all reasonable steps to resolve the complaint as soon as\npracticable.\n\n(2) The victim must give the justice agency any document or information\nthat the victim can provide and which is reasonably required by the\njustice agency to resolve the complaint.\n","sortOrder":60},{"sectionNumber":"18F","sectionType":"section","heading":"Victims may raise victims rights concern with","content":"18F Victims may raise victims rights concern with\ncommissioner\n(a) a victim engages with a justice agency; and\n(b) the victim believes the justice agency has not complied with\ntheir victims rights.\n(2) The victim may raise a concern (a victims rights concern) about the\njustice agency’s conduct with the commissioner.\nNote 1 Alternatively, a victim may make a justice agency complaint to a justice\nagency (see s 18D) or make a victims rights complaint to the human\nrights commission (see Human Rights Commission Act 2005, s 41C).\nNote 2 A victim need not have made a justice agency complaint to a justice\nagency before raising a victims rights concern with the commissioner.\n(3) A victims rights concern may be raised orally or in writing.\nNote A concern may be raised for a victim by the victim’s representative if\nnominated to do so by the victim (see s 18B).\n(4) A victims rights concern may be withdrawn at any time by—\n(a) the victim; or\n(b) if the victim has nominated a representative to raise the\nconcern—the victim’s representative.\n(5) In this section:\nrepresentative—see section 18B (1).\n\n","sortOrder":61},{"sectionNumber":"18G","sectionType":"section","heading":"Commissioner to deal with victims rights concerns","content":"18G Commissioner to deal with victims rights concerns\n(1) If a victim raises a victims rights concern about a justice agency with\nthe commissioner—\n(a) the commissioner must—\n(i) give the victim information about the process that will be\nused for resolving the concern; and\n(ii) take all reasonable steps to resolve the concern as soon as\npracticable; and\n(b) the justice agency must, on request, give the commissioner any\ndocument or information that the justice agency could provide\nto the victim and which is reasonably required by the\ncommissioner to resolve the concern.\n(2) However, a justice agency must not give the commissioner a\ndocument or information if—\n(a) the victim does not consent to the giving of the document or\ninformation; or\n(b) the director of public prosecutions considers that it would\nprejudice the prosecution of an offence.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(3) If the commissioner is unable to resolve a victims rights concern, the\ncommissioner may, with the victim’s consent—\n(a) refer the concern to a relevant complaints entity; and\n(b) if the concern is referred under paragraph (a)—give the entity\nany information the commissioner has in relation to the concern.\n\nMiscellaneous Division 3A.8\nrelevant complaints entity means any of the following entities:\n(a) the human rights commission;\n(b) the ombudsman;\n(c) the integrity commission;\n(d) any other entity authorised to investigate a complaint relating to\nthe administration of justice.\n","sortOrder":62},{"sectionNumber":"18H","sectionType":"section","heading":"Justice agencies to make victims rights guidelines","content":"18H Justice agencies to make victims rights guidelines\nEach justice agency must make and publish written guidelines on the\nagency’s website (the agency’s victims rights guidelines) to—\n(a) assist the agency to comply with victims rights; and\n(b) establish appropriate processes and procedures to enable the\nagency to respond to and resolve justice agency complaints.\n","sortOrder":63},{"sectionNumber":"18I","sectionType":"section","heading":"Justice agencies to include justice agency complaints in","content":"18I Justice agencies to include justice agency complaints in\nannual report\n(1) A justice agency must include the following in the agency’s annual\nreport under the Annual Reports (Government Agencies) Act 2004:\n(a) a statement of how many written justice agency complaints were\nmade to the agency in the year;\n(b) for each written complaint made—\n(i) the right in relation to which the complaint was made; and\n\n(ii) whether the agency resolved the complaint.\nNote 1 Justice agency complaint—see s 18D (2).\nNote 2 The DPP may also be required to include other information in relation\nto victims rights complaints in the DPP’s annual report (see Human\nRights Commission Act 2005, s 100B).\n(2) However, the justice agency must not include any information that\nwould identify a complainant or a victim of an offence.\nwritten justice agency complaint includes a justice agency complaint\nmade orally by a victim and recorded in writing by a justice agency.\n","sortOrder":64},{"sectionNumber":"18J","sectionType":"section","heading":"Commissioner to include victims rights concerns in","content":"18J Commissioner to include victims rights concerns in\nannual report\n(1) The commissioner must include the following in the human rights\ncommission’s annual report under the Annual Reports (Government\nAgencies) Act 2004:\n(a) a statement of how many victims rights concerns were raised\nwith the commissioner in the year;\n(b) for each concern raised—\n(i) the right in relation to which the concern was raised; and\n(ii) whether the commissioner resolved the concern; and\n(iii) if the commissioner referred the concern under\nsection 18G (3)—the entity to which the concern was\nreferred.\n(2) However, the commissioner must not include any information that\nwould identify a complainant or a victim of an offence.\n\nMiscellaneous Division 3A.8\n","sortOrder":65},{"sectionNumber":"18K","sectionType":"section","heading":"Legal rights not affected","content":"18K Legal rights not affected\n(1) The Legislative Assembly does not intend by this part to—\n(a) create in any person any legal right or give rise to any civil cause\nof action; or\n(b) affect in any way the interpretation of any territory law; or\n(c) affect in any way the operation of any territory law, including a\nlaw that deals with the same subject matter as a victims right; or\n(d) affect the validity, or provide grounds for review, of any judicial\nor administrative act or omission.\n(2) However, nothing prevents a contravention of this Act from being the\nsubject of disciplinary proceedings against an official.\n\n","sortOrder":66},{"sectionNumber":"19","sectionType":"section","heading":"Victims services scheme—establishment","content":"19 Victims services scheme—establishment\n(1) A victims services scheme must be established in accordance with the\nregulations.\n(2) Regulations made for this section may provide for the following\nmatters:\n(a) conditions for eligibility for the scheme;\n(b) different levels of services for different categories of victim, or\nfor victims in different circumstances;\n(c) the exercise of functions in relation to the scheme by the\ncommissioner (other than functions inconsistent with the\ncommissioner’s other functions under this Act);\n(d) the nomination of a person or body as the annual reporting\nauthority for the scheme;\n(e) any other matters necessary or convenient for the establishment\nor operation of the scheme.\n","sortOrder":67},{"sectionNumber":"20","sectionType":"section","heading":"Victims services scheme—eligibility","content":"20 Victims services scheme—eligibility\nAll victims, including a victim under division 3A.3A, are eligible for\nassistance under the victims services scheme, subject to regulations\nmade for section 19.\n","sortOrder":68},{"sectionNumber":"21","sectionType":"section","heading":"Victims services scheme—annual report","content":"21 Victims services scheme—annual report\nThe annual reporting authority nominated in accordance with the\nregulations must prepare an annual report under the Annual Reports\n(Government Agencies) Act 2004 about the operations of the scheme\nwithin the relevant financial year.\nNote Financial year has an extended meaning in the Annual Reports\n(Government Agencies) Act 2004.\n\nVictims services scheme Part 4\n","sortOrder":69},{"sectionNumber":"22","sectionType":"section","heading":"Victims services scheme—access to information and","content":"22 Victims services scheme—access to information and\nprotection of privacy\nFor the avoidance of doubt—\n(a) the victims services scheme is declared to be a health service\nprovider for the Health Records (Privacy and Access) Act 1997;\nand\n(b) that Act accordingly applies in relation to any health record\n(under that Act) held by the victims services scheme in relation\nto a victim.\n\n","sortOrder":70},{"sectionNumber":"22A","sectionType":"section","heading":"Establishment of board","content":"22A Establishment of board\nThe Victims Advisory Board is established.\n","sortOrder":71},{"sectionNumber":"22B","sectionType":"section","heading":"Functions of board","content":"22B Functions of board\nThe functions of the board are—\n(a) to advise the Minister on policies, priorities and strategies for\nthe acknowledgment, protection and promotion of the interests\nof victims in the administration of justice; and\n(b) if asked by the Minister—to help develop and maintain\nprotocols and procedures for the treatment of victims by\nagencies involved in the administration of justice; and\n(c) any other function given to the board under this Act or another\nterritory law.\n","sortOrder":72},{"sectionNumber":"22C","sectionType":"section","heading":"Membership of board","content":"22C Membership of board\nThe board consists of—\n(a) the director-general; and\n(b) the commissioner; and\n(c) the Domestic, Family and Sexual Violence\nCoordinator-General; and\n(d) the members (the appointed members) appointed under\nsection 22D.\n\nVictims advisory board Part 4A\nEstablishment and membership Division 4A.1\n","sortOrder":73},{"sectionNumber":"22D","sectionType":"section","heading":"Appointed members of board","content":"22D Appointed members of board\n(1) The director-general must appoint a representative of each of the\nfollowing as members of the board:\n(a) the DPP;\n(b) the Australian Federal Police;\n(c) the ACT courts;\n(d) the sentence administration board;\n(e) the administrative unit allocated responsibility for the\nadministration of corrective services;\n(f) the administrative unit allocated responsibility for the\nadministration of youth justice;\n(g) the administrative unit allocated responsibility for restorative\njustice.\n(2) The Minister must appoint the following as members of the board:\n(a) 3 people who, in the Minister’s opinion, represent the interests\nof victims services groups;\n(b) 2 people of different gender who, in the Minister’s opinion,\nrepresent the interests of indigenous communities;\n(c) 1 person who is a lawyer.\n\n(3) A member must be employed, practise, or live, in the ACT.\n(4) A member appointed under subsection (2) must not be a public\nservant.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\nNote 4 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1, def\nappoint).\n","sortOrder":74},{"sectionNumber":"22E","sectionType":"section","heading":"Chair","content":"22E Chair\nThe chair of the board is the director-general.\n","sortOrder":75},{"sectionNumber":"22F","sectionType":"section","heading":"Conditions of appointment generally","content":"22F Conditions of appointment generally\n(1) An appointed member holds the position on a part-time basis.\n(2) An appointed member holds the position on terms not provided by\nthis Act or another territory law that are decided by the Minister.\n","sortOrder":76},{"sectionNumber":"22G","sectionType":"section","heading":"Term of appointment","content":"22G Term of appointment\n(1) An appointed member must be appointed for not longer than 3 years.\n(2) The director-general must end the appointment of a member\nappointed under section 22D (1) if satisfied that the member is no\nlonger the representative of the entity the member was appointed to\nrepresent.\n\nVictims advisory board Part 4A\nProceedings of board Division 4A.2\n(3) The Minister must end the appointment of a member appointed under\nsection 22D (2) if satisfied that the member—\n(a) no longer represents the interests of the group or community the\nmember was appointed to represent; or\n(b) is no longer eligible for appointment.\n(4) The director-general or Minister may end the appointment of a\nmember appointed by the director-general or Minister respectively—\n(a) for misbehaviour or physical or mental incapacity; or\n(b) if the member becomes bankrupt or personally insolvent; or\n(c) if the member is absent for 3 consecutive meetings; or\n(d) if the member is convicted of an indictable offence; or\n(e) if the member fails to comply with section 22J (Disclosure of\ninterests) without reasonable excuse.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":77},{"sectionNumber":"22H","sectionType":"section","heading":"Time and place of meetings","content":"22H Time and place of meetings\n(1) Meetings of the board are to be held at the times and places it decides.\n(2) However, the board must meet at least twice every year.\n(3) The chair—\n(a) may at any time call a meeting of the board; and\n(b) must call a meeting if asked to do so by the Minister or at least\n7 members.\n\n","sortOrder":78},{"sectionNumber":"22I","sectionType":"section","heading":"Procedures governing conduct of meetings","content":"22I Procedures governing conduct of meetings\n(1) The chair presides at all meetings at which the chair is present.\n(2) If the chair is absent, the member chosen by the members present\npresides.\n(3) The board may decide the procedure to be followed for a meeting.\n(4) At a meeting of the board—\n(a) 7 members form a quorum; and\n(b) each member has a vote on each question to be decided; and\n(c) a question is to be decided by a majority of the votes of the\nmembers present and voting but, if the votes are equal, the\nmember presiding has a casting vote.\n(5) The board must keep minutes of its meetings.\n","sortOrder":79},{"sectionNumber":"22J","sectionType":"section","heading":"Disclosure of interests","content":"22J Disclosure of interests\n(1) This section applies to a member of the board if—\n(a) the member has a direct or indirect financial interest in an issue\nbeing considered, or about to be considered, by the board; and\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the board’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the board.\n(3) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n\nVictims services levy Part 5\n","sortOrder":80},{"sectionNumber":"23","sectionType":"section","heading":"Meaning of offence—pt 5","content":"23 Meaning of offence—pt 5\nIn this part:\noffence means an offence dealt with by the Supreme Court or the\nMagistrates Court other than an offence prescribed by regulation.\n","sortOrder":81},{"sectionNumber":"24","sectionType":"section","heading":"Imposition of victims services levy","content":"24 Imposition of victims services levy\n(1) A levy (a victims services levy) is imposed to provide a source of\nrevenue to improve services for victims of crime.\n(2) An adult who is convicted of an offence and ordered by a court to pay\na fine in relation to the offence is liable to pay the Territory a victims\nservices levy of $60.\nNote The victims services levy is recoverable under the Crimes (Sentence\nAdministration) Act 2005, ch 6A (Court imposed fines).\n(3) The victims services levy is in addition to, and does not form part of,\nthe fine.\n","sortOrder":82},{"sectionNumber":"26","sectionType":"section","heading":"Levy not to be reduced","content":"26 Levy not to be reduced\n(1) A court must not reduce the victims services levy payable by a person\nor exonerate a person from liability to pay the levy.\n(2) However, the court may exonerate the person from liability to pay the\nlevy if satisfied in the circumstances of the case that paying the levy\nis likely to cause undue hardship.\n\n","sortOrder":83},{"sectionNumber":"27","sectionType":"section","heading":"Effect of appeal etc","content":"27 Effect of appeal etc\n(1) The commencement of any proceeding to appeal against, or for\nreview of, a conviction for an offence for which a victims services\nlevy is imposed on a person stays the person’s liability to pay the levy.\n(2) Setting aside the conviction annuls the person’s liability to pay the\nvictims services levy.\n(3) Dismissal of the appeal or review removes the stay of liability.\n\nMiscellaneous Part 6\n","sortOrder":84},{"sectionNumber":"28","sectionType":"section","heading":"Protection from liability","content":"28 Protection from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nconduct means an act or omission to do an act.\nofficial means—\n(a) the commissioner; or\n(b) a member of the staff of the commissioner; or\n(c) a person authorised under this Act to do or not to do a thing.\n","sortOrder":85},{"sectionNumber":"29","sectionType":"section","heading":"Secrecy","content":"29 Secrecy\n(1) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another law applying in the Territory; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another law applying in the\nTerritory.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) Subsection (1) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the Territory.\n\nMiscellaneous Part 6\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nperson to whom this section applies means a person who—\n(a) is or has been—\n(i) the commissioner; or\n(ii) a member of the staff of the commissioner; or\n(b) exercises, or has exercised, a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n","sortOrder":86},{"sectionNumber":"29A","sectionType":"section","heading":"Delegation by chief police officer","content":"29A Delegation by chief police officer\nThe chief police officer may delegate a function under this Act to a\npolice officer.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":87},{"sectionNumber":"30","sectionType":"section","heading":"Regulation-making power","content":"30 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• adult\n• bankrupt or personally insolvent\n• Chief Justice\n• Chief Magistrate\n• chief police officer\n• child\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• DPP\n• Executive\n• home address\n• human rights commission\n• indictable offence (see s 190)\n• integrity commission\n• judge\n• magistrate\n• Magistrates Court\n• Minister (see s 162)\n• ombudsman\n• parent\n• penalty unit (see s 133)\n• police officer\n• public servant\n• sentence administration board\n• Supreme Court\n\n• territory law\n• the Territory.\nadministration of justice—see section 7.\nadult offenders victims register unit—see section 8 (1) (a) (i).\naffected person register unit—see section 8 (1) (a) (ii).\nappointed member—see section 22C (d).\nauthorised officer, for part 3A (Victims rights)—see section 14B.\nboard means the victims advisory board.\nchild, for division 3A.3A (Victims rights—harm statement etc)—see\nsection 15CA (1).\ncommissioner means the Victims of Crime Commissioner appointed\nunder the Human Rights Commission Act 2005, section 18D.\nNote The commissioner is a member of the human rights commission (see\nHuman Rights Commission Act 2005, s 12 (1)).\ncorrective services unit—see section 8 (1) (a) (iv).\ndetained offender, for part 3A (Victims rights)—see section 14B.\nfinancial assistance scheme means the scheme established under the\nVictims of Crime (Financial Assistance) Act 2016 to provide financial\nassistance for victims.\nforensic mental health order, for part 3A (Victims rights)—\nforensic patient, for part 3A (Victims rights)—see section 14B.\nguardian—see section 6 (3).\nharm, for division 3A.3A (Victims rights—harm statement etc)—see\nsection 15CA (1).\nharmful behaviour, for division 3A.3A (Victims rights—harm\nstatement etc)—see section 15CA (1).\n\nharm statement, for division 3A.3A (Victims rights—harm statement\netc)—see section 15CA (1).\nintensive correction order, for part 3A (Victims rights)—\njustice agency—see section 8.\njustice agency complaint—see section 18D (2).\nmental health order, for part 3A (Victims rights)—see section 14B.\noffence––\n(a) for this Act generally—means an offence against a law in force\nin the ACT; and\n(b) for part 5 (Victims services levy)—see section 23.\noffender, for part 3A (Victims rights)—see section 14B.\nparole order, for part 3A (Victims rights)—see section 14B.\nprimary victim—see section 6 (1) (a).\nreferring entity—see the Crimes (Restorative Justice) Act 2004,\nregistered affected person, in relation to a forensic patient, for\npart 3A (Victims rights)—see section 14B.\nregistered victim, of an offender, for part 3A (Victims rights)—\nrestorative justice—see the Crimes (Restorative Justice) Act 2004,\nsection 10.\nrestorative justice unit—see section 8 (1) (a) (viii).\ntherapeutic support panel, for division 3A.3A (Victims rights—\nharm statement etc)—see the Children and Young People Act 2008,\ntransfer or release, of a detained offender, for part 3A (Victims\nrights)—see section 14B.\n\nvictim—\n(a) for this Act generally—see section 6; and\n(b) of a child’s harmful behaviour, for division 3A.3A (Victims\nrights—harm statement etc)—see section 15CA (1).\nvictim impact statement, for an offence, for part 3A (Victims\nrights)—see section 14B.\nvictims advisory board means the board established under\nsection 22A.\nvictims rights—see section 14A.\nvictims rights complaint—see the Human Rights Commission\nAct 2005, section 41C (2).\nvictims rights concern—see section 18F (2).\nvictims services levy—see section 24 (1).\nvictims services scheme means the scheme established under part 4.\nyoung offender, for part 3A (Victims rights)—see section 14B.\nyouth justice victims register unit—see section 8 (1) (a) (xii).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nVictims of Crime Act 1994 A1994-83\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nremainder (ss 3-19) commenced 15 June 1995 (s 2 (3))\nas amended by\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nVictims of Crime (Financial Assistance) (Amendment) Act 1999\nA1999-91 pt 3\nnotified 23 December 1999\ns 1, s 2 commenced 23 December 1999 (s 2 (1))\npt 3 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 407\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 407 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.21\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.21 commenced 9 October 2003 (s 2 (1))\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.36\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.36 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\n\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.15\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.15 commenced 6 September 2007 (s 2)\nVictims of Crime Amendment Act 2007 A2007-44\nnotified LR 13 December 2007\ns 1, s 2 commenced 13 December 2007 (LA s 75 (1))\nremainder commenced 20 December 2007 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.82\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.82 commenced 17 December 2009 (s 2)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.10\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 July 2010 (s 2)\nVictims of Crime Amendment Act 2010 A2010-29 pt 2\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\npt 2 commenced 28 February 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.167\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.167 commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-30 sch 1 pt 1.6\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.6 commenced 14 June 2012 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2013\n(No 4) A2013-45 sch 1 pt 1.5\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.5 commenced 12 November 2013 (s 2)\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.11 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.16\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.16 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\nVictims of Crime (Victims Services Levy) Amendment Act 2015\nA2015-39\nnotified LR 6 October 2015\ns 1, s 2 commenced 6 October 2015 (LA s 75 (1))\nremainder commenced 7 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\nA2016-1 sch 1 pt 1.3\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 April 2016 (s 2)\nVictims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3\npt 3.5\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 July 2016 (s 2 (1) (a))\n\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.63\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.63 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\n(No 2) A2016-53 pt 5\nnotified LR 25 August 2016\ns 1, s 2 taken to have commenced 23 June 2016 (LA s 75 (2))\ns 14 commenced 1 July 2017 (s 2 (3))\npt 5 remainder commenced 26 August 2016 (s 2 (1))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.23 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 15\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 15 commenced 21 June 2019 (s 2)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nVictims Rights Legislation Amendment Act 2020 A2020-34 pt 3\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\npt 3 commenced 1 January 2021 (s 2)\nJustice Legislation Amendment Act 2020 A2020-42 pt 30\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 30 commenced 10 September 2020 (s 2 (1))\n\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.15\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.15 commenced 30 September 2023 (s 2)\nVictims of Crime Amendment Act 2023 A2023-41\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\nremainder commenced 9 November 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 10\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 140, s 141 commenced 1 July 2025 (s 2 (3))\npt 10 remainder commenced 27 March 2024 (s 2 (2) (a))\nCrimes Legislation Amendment Act 2024 A2024-12 pt 11\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 11 commenced 26 April 2024 (s 2 (1))\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16 sch 1 pt 1.4\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 1 pt 1.4 commenced 26 April 2024 (s 2)\n\nLong title\nlong title sub A2023-45 s 133\nName of Act\ns 1 sub A2003-41 amdt 3.455\ns 2 om A2001-44 amdt 1.4232\nins A2003-41 amdt 3.459\nNotes\ns 3 defs reloc to dict A2003-41 amdt 3.458\nsub A2003-41 amdt 3.459\nOffences against Act—application of Criminal Code etc\ns 3A ins A2010-29 s 4\nObjects of Act\ns 3AA ins A2020-34 s 23\nam A2023-45 s 134\nObjects and principles\npt 2 hdg sub A2010-29 s 5\nObject of Act\ns 3B ins A2010-29 s 5\nGoverning principles\ns 4 am A2003-41 amdts 3.460–3.468; A2009-49 amdt 3.207\nCompliance with principles\ns 5 sub A2003-41 amdt 3.469\nam A2010-29 s 6, s 7\nImportant concepts\npt 2A hdg ins A2010-29 s 9\nWho is a victim?\ns 6 sub A2003-41 amdt 3.469\nom A2010-29 s 8\nins A2010-29 s 9\nam A2016-12 amdt 3.6; A2023-45 s 135\n\nMeaning of administration of justice\ns 7 am A2003-41 amdts 3.470–3.472\nins A2020-34 s 25\nMeaning of justice agency\ns 8 sub A2010-29 s 10\nins A2020-34 s 25\nam A2023-37 amdt 1.25\nVictims of crime commissioner\npt 3 hdg sub A2010-29 s 10\nAppointment of commissioner\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\nStaff\ns 9 am A2003-41 amdts 3.473–3.475\nDelegation by commissioner\ns 10 om A2003-41 amdt 3.476\nins A2010-29 s 10\nFunctions of commissioner\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\nsub A2003-41 amdt 3.480; A2010-29 s 10\nom R15 LA\nFunctions\ns 11 am A1998-54 sch\nam A2014-51 amdt 1.73; A2015-38 amdt 2.91 pars renum R14\nLA; A2016-1 amdt 1.22; A2016-12 amdt 3.7; A2020-34 ss 26-\n28; pars renum R3 LA\nConcerns and complaints\ns 12 am A2003-41 amdt 3.477, amdt 3.478\nam A2018-52 amdt 1.111; pars renum R21 LA\nom A2020-34 s 29\nAttendance at criminal proceedings\ns 13 sub A2003-41 amdt 3.479; A2010-29 s 10\n\nVictims rights\npt 3A hdg ins A2020-34 s 30\nPreliminary\ndiv 3A.1 hdg ins A2020-34 s 30\nObject—pt 3A\ns 14 sub A2003-41 amdt 3.480\nMeaning of victims rights\ns 14A ins A2020-34 s 30\nApplication of victims rights to victims under div 3A.3A\ns 14AA ins A2023-45 s 136\nDefinitions—pt 3A\ns 14B ins A2020-34 s 30\ndef authorised officer ins A2020-34 s 30\ndef detained offender ins A2020-34 s 30\ndef forensic mental health order ins A2020-34 s 30\ndef forensic patient ins A2020-34 s 30\ndef intensive correction order ins A2020-34 s 30\ndef mental health order ins A2020-34 s 30\ndef offender ins A2020-34 s 30\ndef parole order ins A2020-34 s 30\ndef registered affected person ins A2020-34 s 30\ndef registered victim ins A2020-34 s 30\ndef transfer or release ins A2020-34 s 30\ndef victim impact statement ins A2020-34 s 30\ndef young offender ins A2020-34 s 30\nVictims rights—respect, privacy and safety\ndiv 3A.2 hdg ins A2020-34 s 30\nRespectful engagement with victims\ns 14C ins A2020-34 s 30\nRespectful engagement with child victims\ns 14D ins A2020-34 s 30\nContact with victims\ns 14E ins A2020-34 s 30\nVictims’ privacy\ns 14F ins A2020-34 s 30\nStorage and return of victims’ property\ns 14G ins A2020-34 s 30\n\nVictims’ appearance at preliminary or committal hearings\ns 14H ins A2020-34 s 30\nMinimising victims’ exposure to accused etc\ns 14I ins A2020-34 s 30\nMinimising registered victims’ exposure to offenders etc\ns 14J ins A2020-34 s 30\nVictims rights—access to support, services, legal and financial assistance\ndiv 3A.3 hdg ins A2020-34 s 30\nReferral of victims to support services\ns 15 sub A2003-41 amdt 3.480\nProvision of aids or adjustments to victims\ns 15A ins A2020-34 s 30\nVictims may request referral of offences to restorative justice\ns 15B ins A2020-34 s 30\nam A2023-45 s 137, s 138; ss renum R27 LA\nReimbursement and financial assistance for victims\ns 15C ins A2020-34 s 30\nDivision 3A.3AVictims rights—harm statement etc\ndiv 3A.3A hdg ins A2023-45 s 138\nDefinitions—div 3A.3A\ns 15CA ins A2023-45 s 138\ndef child ins A2023-45 s 138\nsub A2023-45 s 140\ndef harm ins A2023-45 s 138\ndef harmful behaviour ins A2023-45 s 138\ndef harm statement ins A2023-45 s 138\ndef therapeutic support panel ins A2023-45 s 138\ndef victim ins A2023-45 s 138\nApplication—div 3A.3A\ns 15CB ins A2023-45 s 138\nsub A2023-45 s 141\nHarm statement—who may make a harm statement\ns 15CC ins A2023-45 s 138\nHarm statement—form and contents\ns 15CD ins A2023-45 s 138\nHarm statement—presentation to panel\ns 15CE ins A2023-45 s 138\n\nHarm statement—use by panel\ns 15CF ins A2023-45 s 138\nHarm statement—relevant entity to tell victims about harm statement\ns 15CG ins A2023-45 s 138\nInformation disclosure to victim of harmful behaviour\ns 15CH ins A2023-45 s 138\nVictims rights—information about administration of justice processes\ndiv 3A.4 hdg ins A2020-34 s 30\nPolice to tell victims about administration of justice processes after offence\nreported\ns 15D ins A2020-34 s 30\nDPP to give information to victim witnesses\ns 15E ins A2020-34 s 30\nPolice and DPP to tell victims about victim impact statement\ns 15F ins A2020-34 s 30\nDPP to tell victims about decisions to discontinue prosecution and review of\ndecisions\ns 15G ins A2020-34 s 30\nJustice agencies to tell eligible victims about victims register etc\ns 15H ins A2020-34 s 30\nJustice agencies to tell victims about justice agency complaints and victims\nrights concerns\ns 15I ins A2020-34 s 30\nam A2024-16 amdt 1.8\nVictims rights—information about investigations, proceedings and decisions\ndiv 3A.5 hdg ins A2020-34 s 30\nPolice to give written confirmation to victims reporting offences\ns 16 sub A2003-41 amdt 3.480\nPolice to update victims about status of investigations\ns 16A ins A2020-34 s 30\nam A2023-41 s 4, s 5\nDPP to consider victims’ views about dealing with charges\ns 16B ins A2020-34 s 30\nPolice and DPP to update victims about bail decisions\ns 16C ins A2020-34 s 30\nDPP to tell victims about hearings\ns 16D ins A2020-34 s 30\n\nDPP to tell victims about reparation orders\ns 16E ins A2020-34 s 30\nDPP to tell victims about outcomes of trials and appeals\ns 16F ins A2020-34 s 30\nJustice agencies to tell victims about inquiries for parole or release on\nlicence\ns 16G ins A2020-34 s 30\nJustice agencies to tell victims about parole or release on licence decisions\ns 16H ins A2020-34 s 30\nJustice agencies may give information about offenders to registered victims\ns 16I ins A2020-34 s 30\nJustice agencies to tell registered victims about transfer etc of detained\noffenders\ns 16J ins A2020-34 s 30\nAdult offender victims register unit to tell victim about intensive correction\norders\ns 16K ins A2020-34 s 30\nDPP to tell victims about court requirements and orders relating to\noffender’s mental health\ns 16L ins A2020-34 s 30\nACAT to tell victims about mental health orders etc\ns 16M ins A2020-34 s 30\nAffected person register unit to tell victims about affected person register\netc\ns 16N ins A2020-34 s 30\nVictims rights—participation in proceedings\ndiv 3A.6 hdg ins A2020-34 s 30\nJustice agency to present victims’ concerns about protection in bail\nsubmissions\ns 17 sub A2003-41 amdt 3.480\nVictims may make victim impact statements\ns 17A ins A2020-34 s 30\nCorrective services unit to consider victims’ views about pre-sentence report\nor intensive correction assessment\ns 17B ins A2020-34 s 30\nVictims may be in courtroom for proceedings\ns 17C ins A2020-34 s 30\n\nVictims may make submissions for parole or release on licence inquiries\ns 17D ins A2020-34 s 30\nVictims may give statement to ACAT for mental health orders etc\ns 17E ins A2020-34 s 30\nAffected person register unit to assist victims to participate in order\nhearings\ns 17F ins A2020-34 s 30\nVictims may participate in restorative justice\ns 17G ins A2020-34 s 30\nImplementing victims rights\ndiv 3A.7 hdg ins A2020-34 s 30\nComplying with victims rights\nsdiv 3A.7.1 hdg ins A2020-34 s 30\nJustice agencies must comply with victims rights\ns 18 sub A2003-41 amdt 3.480\nOther entities should have regard to victims rights\ns 18A ins A2007-22 amdt 1.56\nVictims’ representatives\ns 18B ins A2020-34 s 30\nJustice agencies to tell victims about administration of justice processes\ns 18C ins A2020-34 s 30\nComplaints and concerns about victims rights\nsdiv 3A.7.2 hdg ins A2020-34 s 30\nVictims may make justice agency complaints to justice agencies\ns 18D ins A2020-34 s 30\nJustice agencies to deal with justice agency complaints\ns 18E ins A2020-34 s 30\nVictims may raise victims rights concern with commissioner\ns 18F ins A2020-34 s 30\nCommissioner to deal with victims rights concerns\ns 18G ins A2020-34 s 30\nMiscellaneous\ndiv 3A.8 hdg ins A2020-34 s 30\n\nJustice agencies to make victims rights guidelines\ns 18H ins A2020-34 s 30\n(2), (3) exp 1 January 2022 (s 18H (3))\nJustice agencies to include justice agency complaints in annual report\ns 18I ins A2020-34 s 30\nCommissioner to include victims rights concerns in annual report\ns 18J ins A2020-34 s 30\nLegal rights not affected\ns 18K ins A2020-34 s 30\nReview of victims rights\ns 18L ins A2020-34 s 30\nexp 1 January 2026 (s 18L (3))\nVictims services scheme\npt 4 hdg ins A1999-91 s 10\nVictims services scheme—establishment\ns 19 ins A1999-91 s 10\nam A2003-41 amdts 3.481–3.483; A2010-29 s 11, s 12\nVictims services scheme—eligibility\ns 20 ins A1999-91 s 10\nam A2003-41 amdt 3.484; A2023-45 s 142\nVictims services scheme—annual report\ns 21 ins A1999-91 s 10\nam A2003-41 amdt 3.485, amdt 3.486\nsub A2004-9 amdt 1.49; A2016-52 amdt 1.171\nVictims services scheme—access to information and protection of privacy\ns 22 ins A1999-91 s 10\nam A2003-41 amdt 3.486, amdt 3.487\nVictims advisory board\npt 4A hdg ins A2010-29 s 13\nEstablishment and membership\ndiv 4A.1 hdg ins A2010-29 s 13\nEstablishment of board\ns 22A hdg ins A2010-29 s 13\nFunctions of board\ns 22B hdg ins A2010-29 s 13\nMembership of board\ns 22C hdg ins A2010-29 s 13\ns 22C am A2011-22 amdt 1.464; A2019-17 s 37, s 38; pars renum\nR20 LA; A2024-12 s 25\n\nAppointed members of board\ns 22D hdg ins A2010-29 s 13\nam A2012-30 amdt 1.27; A2019-17 s 39, s 40; ss renum R20\nLA\nChair\ns 22E hdg ins A2010-29 s 13\ns 22E am A2011-22 amdt 1.465\nConditions of appointment generally\ns 22F hdg ins A2010-29 s 13\nTerm of appointment\ns 22G hdg ins A2010-29 s 13\nam A2019-17 ss 41-43; ss renum R20 LA\nProceedings of board\ndiv 4A.2 hdg ins A2010-29 s 13\nTime and place of meetings\ns 22H hdg ins A2010-29 s 13\nProcedures governing conduct of meetings\ns 22I hdg ins A2010-29 s 13\nDisclosure of interests\ns 22J hdg ins A2010-29 s 13\nVictims services levy\npt 5 hdg (prev pt 4 hdg) renum A1999-91 s 11\nsub A2007-44 s 4\nMeaning of offence—pt 5\ns 23 (prev s 19) renum A1999-91 s 11\nam A2001-44 amdt 1.4233\nsub A2007-44 s 4\nImposition of victims services levy\ns 24 ins A2007-44 s 4\nam A2010-21 amdt 1.25; A2013-45 amdt 1.15; A2015-39 s 4;\nA2016-53 s 13, s 14\nNotice of levy\ns 25 ins A2007-44 s 4\nom A2020-42 s 149\nLevy not to be reduced\ns 26 ins A2007-44 s 4\nEffect of appeal etc\ns 27 ins A2007-44 s 4\n\nMiscellaneous\npt 6 hdg ins A2007-44 s 4\nsub A2010-29 s 14\nProtection from liability\ns 28 ins A2007-44 s 4\nsub A2010-29 s 14\nSecrecy\ns 29 ins A2010-29 s 14\nDelegation by chief police officer\ns 29A ins A2020-34 s 31\nRegulation-making power\ns 30 ins A2010-29 s 14\ndict ins A2003-41 amdt 3.488\nam A2007-44 s 5; A2009-49 amdt 3.208; A2010-29 ss 15-17;\nA2011-22 amdt 1.466; A2019-17 s 44; A2018-52 amdt 1.112;\nA2020-34 s 32; A2023-37 amdt 1.26\ndef administration of justice reloc from s 3 A2003-41\namdt 3.458\nsub A2020-34 s 33\ndef adult offenders victims register unit ins A2020-34 s 34\ndef affected person register unit ins A2020-34 s 34\ndef appointed member ins A2010-29 s 18\ndef authorised officer ins A2020-34 s 34\ndef board ins A2010-29 s 18\ndef child ins A2023-45 s 143\ndef commissioner ins A2010-29 s 18\nam A2016-1 amdt 1.23\ndef coordinator sub A2003-41 amdt 3.456\nom A2010-29 s 19\ndef corrective services unit ins A2020-34 s 34\ndef detained offender ins A2020-34 s 34\ndef financial assistance scheme ins A2016-12 amdt 3.8\ndef forensic mental health order ins A2020-34 s 34\ndef forensic patient ins A2020-34 s 34\ndef governing principles ins A2010-29 s 20\nom A2020-34 s 35\ndef guardian ins A2010-29 s 20\ndef harm reloc from s 3 A2003-41 amdt 3.458\nom A2010-29 s 21\nins A2023-45 s 143\ndef harmful behaviour ins A2023-45 s 143\ndef harm statement ins A2023-45 s 143\n\ndef intensive correction order ins A2020-34 s 36\ndef justice agency ins A2020-34 s 36\ndef justice agency complaint ins A2020-34 s 36\ndef mental health order ins A2020-34 s 36\ndef offence am A2003-41 amdt 3.457\nsub A2007-44 s 6\ndef offender ins A2020-34 s 36\ndef parole order ins A2020-34 s 36\ndef primary victim ins A2010-29 s 22\ndef referring entity ins A2020-34 s 36\ndef registered affected person ins A2020-34 s 36\ndef registered victim ins A2020-34 s 36\ndef restorative justice ins A2020-34 s 36\ndef restorative justice unit ins A2020-34 s 36\ndef therapeutic support panel ins A2023-45 s 143\ndef transfer or release ins A2020-34 s 36\ndef victim am A1999-91 s 9\nsub A2010-29 s 23; A2023-45 s 144\ndef victim impact statement ins A2020-34 s 36\ndef victims advisory board ins A2010-29 s 24\ndef victims rights ins A2020-34 s 36\ndef victims rights complaint ins A2020-34 s 36\ndef victims rights concern ins A2020-34 s 36\ndef victims services levy ins A2007-44 s 7\ndef victims services scheme ins A1999-91 s 9\ndef young offender ins A2020-34 s 36\ndef youth justice victims register unit ins A2020-34 s 36\n\nEarlier republications 5\n","sortOrder":88},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n17 Oct 2007\n9 Dec 1998–\n23 Dec 1999\nA1998-54 amendments by\nA1998-54\n12 June 2000–\n11 Sept 2001\nA1999-91 amendments by\nA1999-91\nR1 (RI)\n17 Oct 2007\n12 June 2000–\n11 Sept 2001\nA1999-91 reissue of printed\nversion\n12 Sept 2001\n12 Sept 2001–\n8 Oct 2003\nA2001-44 amendments by\nA2001-44\n9 Oct 2003\n9 Oct 2003–\n12 Apr 2004\nA2003-41 amendments by\nA2003-41\n13 Apr 2004\n13 Apr 2004–\n5 Sept 2007\nA2004-9 amendments by\nA2004-9\n6 Sept 2007\n6 Sept 2007–\n19 Dec 2007\nA2007-22 amendments by\nA2007-22\n20 Dec 2007\n20 Dec 2007–\n16 Dec 2009\nA2007-44 amendments by\nA2007-44\n17 Dec 2009\n17 Dec 2009–\nA2009-49 amendments by\nA2009-49\n1 July 2010–\n27 Feb 2011\nA2010-21 amendments by\nA2010-21\n28 Feb 2011\n28 Feb 2011–\nA2010-29 amendments by\nA2010-29\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n\n5 Earlier republications\nfor\n14 June 2012–\n11 Nov 2013\nA2012-30 amendments by\nA2012-30\n12 Nov 2013\n12 Nov 2013–\n6 Oct 2015\nA2013-45 amendments by\nA2013-45\n7 Oct 2015\n7 Oct 2015–\n29 Feb 2016\nA2015-39 amendments by\nA2015-39\n1 Mar 2016\n1 Mar 2016–\n31 Mar 2016\nA2015-39 amendments by\nA2014-51 and\nA2015-38\n1 Apr 2016\n1 Apr 2016–\n30 Jun 2016\nA2016-1 amendments by\nA2016-1\n1 July 2016–\n25 Aug 2016\nA2016-12 amendments by\nA2016-12\n26 Aug 2016\n26 Aug 2016–\n31 Aug 2016\nA2016-53\n1 Sept 2016\n1 Sept 2016–\nA2016-52\n1 July 2017–\nA2016-53\n21 June 2019–\n30 Nov 2019\nA2019-17 amendments by\nA2019-17\n1 Dec 2019\n1 Dec 2019–\n9 Sept 2020\nA2019-18 amendments by\nA2018-52\nas amended by\nA2019-18\n10 Sept 2020\n10 Sept 2020–\n31 Dec 2020\nA2020-42 amendments by\nA2020-42\n1 Jan 2021\n1 Jan 2021–\n1 Jan 2022\nA2020-42 amendments by\nA2020-34\n2 Jan 2022\n2 Jan 2022–\n29 Sept 2023\nA2020-42 expiry of provisions\n(s 18H (2), (3))\n30 Sept 2023\n30 Sept 2023–\n8 Nov 2023\nA2023-37 amendments by\nA2023-37\n\nEarlier republications 5\nfor\n9 Nov 2023\n9 Nov 2023–\n26 Mar 2024\nA2023-41 amendments by\nA2023-41\n27 Mar 2024\n27 Mar 2024–\n25 Apr 2024\nA2023-45 Amendments by\nA2023-45\n26 Apr 2024\n26 Apr 2024–\nA2024-16 amendments by\nA2024-12 and\nA2024-16\n1 July 2025–\n1 Jan 2026\nA2024-16 amendments by\nA2023-45","sortOrder":89}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since its original 1994 enactment. Amendments introduced a comprehensive, statutory \"victims rights\" framework (part 3A, inserted A2020-34; see s 14A and related duties), created the Victims Services Levy (s 24, introduced A2007-44), added a victims services scheme and privacy treatment of victims’ health records (ss 19–22), and added a child‑harm harm‑statement regime and therapeutic support panel interaction (division 3A.3A, inserted A2023-45; see ss 15CA–15CH). The objects were updated to reflect these additions (s 3AA). At the same time the Act preserves that victims’ procedural rights do not create private civil causes of action (s 18K), keeping enforcement administrative. These changes broaden the Act from a more limited victims‑support statute to a multi‑agency, procedural regime with duties, monitoring and a small dedicated levy, increasing administrative and inter‑agency responsibilities (see ss 11, 18H–18J, 19–22, 24)."},"complexity_factors":["Extensive cross‑references to multiple other Acts (Crimes (Sentencing) Act 2005, Mental Health Act 2015, Crimes (Restorative Justice) Act 2004, Children and Young People Act 2008) increasing legal interdependence (see s 14B and many provisions referencing other Acts).","Many different public entities designated as \"justice agencies\" with role‑specific duties (s 8; see duties in parts 3A.4–3A.6) — coordination required across agencies.","Numerous procedural obligations phrased with flexible standards such as \"as soon as practicable\" and exceptions where disclosure would prejudice prosecutions, creating interpretive discretion (e.g. ss 15D, 16A(3), 16B(3), 18G(2)(b)).","Multiple information‑sharing, privacy and secrecy rules with criminal penalties for breaches (ss 14F, 29), requiring careful compliance systems.","Statutory creation of complaint, monitoring and reporting channels (ss 18D–18J) that impose administrative reporting and recordkeeping duties.","Specialised provisions for child harmful behaviour and harm statements (division 3A.3A, ss 15CA–15CH) add procedural complexity and sensitive disclosure rules.","Financial and recovery mechanics for the victims services levy (ss 24–27) interacting with sentencing and fine recovery regimes.","Delegation and appointment rules for advisory board and commissioner functions (ss 11, 22C–22G; note delegations such as s 29A) create governance complexity."],"plain_english_summary":"# What this law does, who it affects, and why it matters\n\n- Mechanically, the Victims of Crime Act 1994 sets out: who counts as a victim (s 6); a statutory Victims of Crime Commissioner and the commissioner’s functions (s 11, s 13); a package of \"victims rights\" that specified justice agencies must follow when dealing with victims (part 3A, especially ss 14A, 14C–14J, 15–17); a victims services scheme to be run under regulations (ss 19–22); an advisory board to advise the Minister (ss 22A–22J); and a $60 victims services levy imposed on adults fined by courts (s 24). It also imposes secrecy duties (s 29), protects officials from civil liability for honest acts (s 28), and gives the Executive regulation‑making power (s 30).\n\n- Who it affects\n  - Primary: victims of offences and people closely affected by a victim’s harm (s 6). The Act distinguishes registered victims and registered affected persons for particular disclosure/access provisions (s 14B; see Crimes (Sentence Administration) Act cross‑refs).  \n  - Public agencies required to act: police, the Director of Public Prosecutions (DPP), corrective services, victims register units, sentence administration board, ACAT and others listed in the definition of \"justice agency\" (s 8).  \n  - People convicted and fined by courts: liable to pay the victims services levy (s 24).  \n  - The Victims of Crime Commissioner and the Victims Advisory Board (ss 11, 22A–22D).\n\n- Why it matters (stated purpose, then practical mechanics)\n  - The Act states its objects as recognising victims’ role and establishing processes to protect safety, privacy and dignity and to monitor victims rights (s 3AA). These are the policy aims the law advances.\n  - Mechanically, the Act does the following that change behaviour and resource allocation:  \n    - Imposes mandatory procedural duties on justice agencies to notify, update and consult victims (for example, police must give written confirmation after a report and provide updates at least every 6 weeks where applicable (ss 16, 16A); the DPP must consult victims about charge‑disposals where practicable (s 16B); agencies must tell eligible victims about registration and parole‑related processes (ss 15H, 16G, 16H)). These duties shift work onto public agencies (information, case management, recordkeeping).  \n    - Requires respectful, individualized engagement and privacy protections for victims (ss 14C–14F), and rules about storage/return of property (s 14G). Implementing those duties typically requires new or adapted procedures, training and IT support.  \n    - Provides routes for redress of procedural shortcomings: victims can make internal justice agency complaints (s 18D), raise victims‑rights concerns with the commissioner (s 18F) and the commissioner must attempt resolution and may refer to other complaints entities (s 18G). Agencies must publish victims rights guidelines and include complaints data in annual reports (ss 18H, 18I, 18J). These add compliance and reporting costs for agencies.  \n    - Creates a victims services scheme (s 19) and declares the scheme to be a health service provider for Health Records (Privacy and Access) Act purposes (s 22), which brings particular privacy rules into play for victims’ health records.  \n    - Establishes a modest, fixed statutory levy for revenue to \"improve services for victims\" payable by adults convicted and fined (s 24). The levy is additional to the fine, is recoverable, and generally cannot be reduced by courts except on grounds of undue hardship (s 26). This creates a small, predictable revenue stream for victim services while imposing an additional cost on convicted persons.  \n\n- Who pays, who decides, and what changes in behaviour\n  - Who pays: convicted adults fined by a court pay a $60 victims services levy (s 24). Courts cannot reduce that levy except for undue hardship (s 26); appeals stay liability while proceedings are on foot (s 27).  \n  - Who decides: the Act gives decision and procedural responsibilities to listed justice agencies (s 8), the DPP (for prosecution matters – ss 13, 15E, 16B, 16D–16F), the Chief Police Officer (for referrals and update duties – ss 15, 16, 16A), the sentence administration board and victims register units (ss 16G–16K), ACAT (ss 16M, 17E) and the Victims of Crime Commissioner (s 11). Ministers and director‑generals appoint members to the advisory board and set some appointment terms (ss 22D–22G). Many functions may be delegated (notes and s 29A for police).  \n  - Behaviour changes expected: agencies must set up processes to notify and update victims, record and resolve complaints, make referrals to support services, handle sensitive information securely, and provide aids/adjustments to enable victim participation (ss 14E, 15, 15A, 18C, 18H). Courts and prosecuting authorities must give victims information and consider victims’ views in certain charging or sentencing contexts (ss 16B, 17A, 17B). Agencies managing offender registers must inform registered victims about transfers, parole and release where safety may be affected (ss 16J–16K, 16H).  \n\n- Incentives, trade‑offs and implementation risks\n  - Incentives: the levy generates revenue earmarked for victim services (s 24). The Act gives victims procedural rights and establishes complaint and monitoring mechanisms (ss 18D–18G), creating incentives for agencies to document and standardise victim support.  \n  - Trade‑offs: mandatory notification and reporting duties impose administrative, staffing and systems costs on agencies (e.g. regular updates, publishing guidelines, annual reporting – ss 16A, 18H, 18I). Some duties carry operational exceptions (discretion) where disclosure or contact would prejudice prosecutions or is impracticable (for example ss 16A(3), 16B(3), 14E(2)(c)). Those exceptions create implementation risk: agencies must balance operational security and victims’ informational interests, and different agencies may interpret exceptions differently.  \n  - Enforcement and legal effect: the Act says it does not create civil causes of action or affect operation of other laws (s 18K). That limits private legal enforcement; remedy pathways are administrative (agency complaints, commissioner, potential referral to oversight bodies such as the ombudsman or integrity commission (s 18G(4))). This structure concentrates enforcement inside public administration rather than through private litigation.  \n  - Privacy and secrecy: strict limits on disclosure of personal information (s 14F) and a secrecy offence for improper recording/divulgence of protected information (s 29) mean agencies must apply secure handling procedures; breaches can attract criminal penalties (s 29).  \n  - Discretion points: the Act frequently uses standards like \"as soon as practicable\" (e.g. ss 15D, 16A, 16F) and allows non‑disclosure where it would prejudice investigations or prosecutions (ss 16A(3), 16B(3), 18G(2)(b)). Those flexible standards are operationally useful but increase unevenness in practice and create monitoring needs.  \n\n- Effects on private enterprise and markets\n  - The Act primarily regulates public justice agencies and individuals (victims and offenders). It does not directly regulate private businesses, competition or prices. Non‑government organisations that deal with victims are encouraged to \"have regard to\" victims rights (s 18A), which is a non‑binding expectation rather than a legal obligation. Some private actors (e.g. legal practitioners, victim support organisations) may incur indirect costs or change practice to support victim participation, but the statute does not impose direct regulatory obligations on them.\n\n- Concentrated benefits, diffuse costs and capture risk\n  - Concentrated benefits: victims who access registration, information and services benefit directly; victims services providers and the commissioner will receive funding and roles.  \n  - Diffuse costs: administration and compliance burdens fall across multiple justice agencies and ultimately the public budget and officials’ workloads.  \n  - Capture/cost‑allocation risk: the Act centralises many procedural duties in public agencies without creating private civil remedies (s 18K), so enforcement depends on administrative oversight. That design concentrates discretion and monitoring responsibility inside government institutions (see ss 11, 18G, 18H).  \n\n- Bottom line (mechanics first): The Act converts a package of policy commitments about victims into enforceable administrative duties for named justice agencies (information, privacy, consultation, referrals, recordkeeping), establishes a commissioner and advisory board to monitor and promote compliance (ss 11, 22A–22D), creates a victims services scheme and a small court‑imposed levy ($60) to fund services (ss 19–22, 24), and builds internal complaint and oversight paths while explicitly not creating private causes of action (ss 18D–18G, 18K)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2022},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1994 as a relatively simple statute establishing a financial assistance scheme and victims services levy, the Act has expanded into a comprehensive procedural charter governing the entire justice system. The 2020 amendments introduced Part 3A, which codified an extensive bill of rights for victims across police, prosecutorial, court, and correctional processes. The 2023 amendments further extended the Act's reach beyond traditional criminal justice to cover therapeutic responses to children's harmful behaviour (under 14). The legislation now micromanages administrative interactions between victims and multiple agencies (including mental health tribunals and restorative justice units), far exceeding its original service-provision and funding mandate."},"complexity_factors":["47+ defined terms in the Dictionary plus context-specific definitions (e.g., 'victim' has different meanings in general use vs Division 3A.3A)","Extensive cross-referencing to at least 12 other ACT statutes including the Mental Health Act 2015, Crimes (Sentence Administration) Act 2005, and Children and Young People Act 2008","Nested conditional logic and exceptions (e.g., s 14E contact requirements have 4 separate exceptions; s 16A investigation updates require 6-weekly contact unless the victim opts out or safety would be prejudiced)","Multiple overlapping victim categories requiring different procedures (primary victims, associated victims, registered victims, registered affected persons for forensic patients, and victims of children's harmful behaviour)","Dual-track administrative structure (adult offenders victims register unit vs youth justice victims register unit) with similar but distinct obligations","Complex interplay between enforceable obligations ('must') and aspirational standards ('should', 'as far as practicable')","Temporal complexity with provisions applying at different stages (investigation, committal, sentencing, parole, mental health orders) with different triggering events"],"plain_english_summary":"This ACT law establishes a comprehensive charter of rights for victims of crime and sets up institutions to support them.\n\n**Who it covers**\nA \"victim\" includes not just people directly hurt by a crime (primary victims), but also family members who suffer harm, financial dependents, and guardians of children or incapacitated adults. It excludes people harmed by crimes they committed themselves.\n\n**What rights victims have**\nThe Act creates detailed \"victims rights\" across five areas:\n- **Respect and safety**: Justice agencies must treat victims respectfully, protect their privacy, safely store and return their property, and minimise contact between victims and accused persons in court buildings.\n- **Support and services**: Police must refer victims to support services. Victims can request aids (like interpreters or support animals) to help them participate in proceedings, ask for restorative justice, and apply for financial assistance or reimbursement for court attendance.\n- **Information**: Victims must be told about justice processes, investigation progress, bail decisions, court dates, trial outcomes, parole applications, and offenders' mental health orders. Registered victims get ongoing information about an offender's imprisonment, transfers, and release.\n- **Participation**: Victims can make victim impact statements (telling the court how the crime affected them), attend court hearings, make submissions on bail and parole, and participate in restorative justice programs.\n- **Harm statements (special cases)**: If a child under 14 causes harm but isn't criminally charged, victims can make a \"harm statement\" to a therapeutic support panel considering the child's treatment.\n\n**Institutions created**\n- **Victims of Crime Commissioner**: An advocate who monitors compliance with victims' rights, manages the victims services scheme, and helps resolve complaints.\n- **Victims Advisory Board**: Advises the government on victim policy and includes representatives from justice agencies and victim services groups.\n- **Victims Services Scheme**: Provides support services, funded by a $60 levy imposed on convicted adults who are fined.\n\n**Making complaints**\nIf victims believe their rights weren't respected, they can complain directly to the justice agency involved (e.g., police, DPP) or raise a concern with the Commissioner. However, the Act specifically states these rights do not create legally enforceable civil court actions—breaches may lead to disciplinary action against officials but not damages lawsuits against the government.\n\n**Who must comply**\n\"Justice agencies\" (police, DPP, courts when administrative, corrections, etc.) must comply with the rights. Other organisations should \"have regard to\" them."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-act-1994","history":"/api/acts/victims-of-crime-act-1994/history","analysis":"/api/acts/victims-of-crime-act-1994/analysis","conflicts":"/api/acts/victims-of-crime-act-1994/conflicts","importantCases":"/api/acts/victims-of-crime-act-1994/important-cases","documents":"/api/acts/victims-of-crime-act-1994/documents"}}