{"id":"victims-crime-commissioner-act-2015","name":"Victims of Crime Commissioner Act 2015","slug":"victims-of-crime-commissioner-act-2015","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174076,"registerId":"vic-victims-crime-commissioner-act-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victims of Crime Commissioner Act 2015","content":"Version No. 006\n\n**Victims of Crime Commissioner Act 2015**\n\n**No. 56 of 2015**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Objectives 3\n\n5 Act binds the Crown 4\n\nPart 2—Victims of Crime Commissioner 5\n\nDivision 1—Appointment, terms and conditions 5\n\n6 Victims of Crime Commissioner 5\n\n7 Appointment 5\n\n8 Remuneration 5\n\n9 Terms and conditions of appointment 5\n\n10 Acting appointment 6\n\n11 Vacancy and resignation 6\n\n12 Removal from office 7\n\nDivision 2—Functions and powers 7\n\n13 Functions and powers of the Commissioner 7\n\n14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006 8\n\n15 Authorised person 8\n\n16 Staff to be provided 8\n\n17 Assistance to be provided 9\n\n18 Commissioner may require access to records from the Secretary 9\n\n19 Commissioner may require access to records from the Chief Commissioner of Police 9\n\n20 Commissioner may require access to records from the Director of Public Prosecutions 10\n\n21 Confidentiality of identifying information 11\n\n22 Commissioner not to prejudice legal proceedings or investigations 12\n\nDivision 3—Inquiries 13\n\n23 Inquiries 13\n\n24 Avoiding unnecessary duplication 14\n\n25 Report of inquiry into systemic victim of crime matter 14\n\nDivision 3A—Complaints about compliance with the Charter principles 14\n\n25A Making a complaint to the Commissioner 14\n\n25B How to make a complaint 15\n\n25C Time limit for making complaint 15\n\n25D Withdrawal of complaint 16\n\n25E Information relating to complaint to be provided 16\n\n25F Preliminary assessment of complaint 16\n\n25G Certain grounds on which Commissioner may decline to consider complaint 17\n\n25H Commissioner may refer complaint 17\n\n25I Investigation of a complaint 18\n\n25J Outcome of investigation 19\n\n25K Notice of investigation outcome 19\n\nDivision 4—Interaction with other agencies and referral of information 20\n\n26 Referral of matter to the IBAC 20\n\n27 Referral of matter to other persons 20\n\nDivision 5—Reporting 21\n\n28 Annual report 21\n\n29 Reports to the Attorney-General 21\n\n29A Commissioner to review Victims' Charter Act 2006 22\n\n30 Content of reports 22\n\nPart 3—Victims of Crime Consultative Committee 24\n\nDivision 1—Establishment and functions 24\n\n31 Establishment of Victims of Crime Consultative Committee 24\n\n32 Functions of the Committee 24\n\nDivision 2—Chairperson 25\n\n33 Appointment of Chairperson 25\n\n34 Terms of appointment of Chairperson 25\n\n35 Vacancy and resignation of Chairperson 25\n\n36 Removal from office of Chairperson 26\n\n37 Acting Chairperson 26\n\nDivision 3—Membership and procedure 26\n\n38 Membership of the Committee 26\n\n39 Members who are victims of crime 28\n\n40 Member representing victim of crime services organisation 28\n\n41 Appointed additional member 28\n\n42 Terms and conditions of appointment of member 29\n\n43 Cessation of appointment as member of the Committee 29\n\n44 Acting member of the Committee 30\n\nDivision 4—Proceedings of the Committee and conduct of members 30\n\n45 Proceedings of the Committee 30\n\n46 Confidentiality of the Committee 30\n\nPart 4—General 32\n\n47 Regulations 32\n\nPart 5—Transitional provisions 33\n\n48 Transitional provision—Victims and Other Legislation Amendment Act 2018 33\n\n49 Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 33\n\n═══════════════\n\nEndnotes 35\n\n1 General information 35\n\n2 Table of Amendments 37\n\n3 Explanatory details 38\n\n**Version No.** **006**\n\n**Victims of Crime Commissioner Act 2015**\n\n**No. 56 of 2015**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish the office of the Victims of Crime Commissioner and to provide for the functions, powers and duties of the office; and\n\n(b) to establish the Victims of Crime Consultative Committee and to provide for the functions of the Committee.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *agency* inserted by No. 42/2018 s. 17.\n\n***agency*** means an investigatory agency, a prosecuting agency or a victims' services agency within the meaning of section 3(1) of the **Victims' Charter Act 2006**;\n\n***authorised person*** means a person authorised by the Commissioner under section 15;\n\n***Chairperson*** means the person appointed as Chairperson of the Victims of Crime Consultative Committee under section 33;\n\nS. 3 def. of *Charter principles* inserted by No. 42/2018 s. 17.\n\n***Charter principles*** has the same meaning as in section 3(1) of the **Victims' Charter Act 2006**;\n\n***Commissioner*** means the Victims of Crime Commissioner appointed under section 7;\n\n***Committee*** means the Victims of Crime Consultative Committee established under section 31;\n\n***corrupt conduct*** has the same meaning as in section 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***Director of Public Prosecutions*** means the Director of Public Prosecutions appointed under section 87AB of the **Constitution Act 1975**;\n\n***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;\n\n***identifying information*** means information about a person whose identity is apparent, or can reasonably be ascertained, from the information;\n\nS. 3 def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 40.1(a)).\n\n***Integrity Oversight Victoria***  has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3 def. of *Secretary* amended by No. 35/2020 s. 17.\n\n***Secretary*** means the Secretary to the Department of Justice and Community Safety;\n\nS. 3 def. of *victim of crime* substituted by No. 21/2022 s. 86, amended by No. 31/2024 s. 113(Sch. 1 item 40.1(b)).\n\n***victim of crime*** means—\n\n(a) a victim as defined in section 3(1) of the **Victims of Crime Assistance Act 1996**; or\n\n(b) a victim as defined in section 3(1) of the **Victims of Crime (Financial Assistance Scheme) Act 2022**; or\n\n(c) a victim as defined in section 3(1) of the **Victims' Charter Act 2006**.\n\nS. 3 def. of *Victorian Inspectorate* repealed by No. 31/2024 s. 113(Sch. 1 item 40.1(c)).\n\n* * * * *\n\n\t4 Objectives\n\nThe objectives of this Act are—\n\n(a) to promote the recognition of victims of crime in the justice system; and\n\n(b) to provide for the representation of the concerns of victims of crime in the decision making of government; and\n\n(c) to promote the inclusion and participation of victims of crime in the justice system.\n\n\t5 Act binds the Crown\n\nThis Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Victims of Crime Commissioner\n\nDivision 1—Appointment, terms and conditions\n\n\t6 Victims of Crime Commissioner\n\nThere is to be a Victims of Crime Commissioner.\n\n\t7 Appointment\n\n(1) Subject to subsection (2), the Governor in Council, on the recommendation of the Attorney‑General, may by instrument appoint a person as Commissioner.\n\n(2) A person is not eligible for appointment as Commissioner if the person is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a Territory.\n\n\t8 Remuneration\n\nThe Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.\n\n\t9 Terms and conditions of appointment\n\n(1) The Commissioner—\n\n(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and\n\n(b) is eligible to be reappointed for one further period not exceeding 5 years; and\n\n(c) holds office on the terms and conditions determined by the Governor in Council.\n\n(2) The Commissioner must not, directly or indirectly, engage in paid employment outside of the office of the Commissioner.\n\n(3) The Commissioner is not, in respect of the office of Commissioner, subject to the **Public Administration Act 2004**.\n\n\t10 Acting appointment\n\n(1) The Governor in Council, on the recommendation of the Attorney-General, may appoint a person to act as the Commissioner—\n\n(a) during a vacancy in the office of the Commissioner; or\n\n(b) during any period when—\n\n(i) the Commissioner is absent; or\n\n(ii) the Commissioner is for any other reason unable to perform the duties of the office.\n\n(2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.\n\n(3) A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the Commissioner.\n\n(4) A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council.\n\n(5) A person acting as the Commissioner is not, in respect of that office, subject to the **Public Administration Act 2004**.\n\n(6) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.\n\n(7) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n\t11 Vacancy and resignation\n\nThe Commissioner ceases to hold office if the Commissioner—\n\n(a) resigns by notice given to the Governor in Council; or\n\n(b) becomes insolvent under administration; or\n\n(c) is found guilty or convicted of—\n\n(i) an indictable offence; or\n\n(ii) an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) is removed from office under section 12.\n\n\t12 Removal from office\n\nThe Governor in Council may remove the Commissioner from office at any time on the recommendation of the Attorney-General.\n\nDivision 2—Functions and powers\n\n\t13 Functions and powers of the Commissioner\n\n(1) The Commissioner has the following functions—\n\n(a) to advocate for the recognition, inclusion, participation and respect of victims of crime by government departments, bodies responsible for conducting public prosecutions and Victoria Police;\n\n(b) to carry out inquiries on systemic victim of crime matters;\n\n(c) to report to the Attorney-General on any systemic victim of crime matter;\n\nS. 13(1)(d)  amended by No. 42/2018 s. 18(a).\n\n(d) to provide advice to the Attorney-General and government departments and agencies regarding improvements to the justice system to meet the needs of victims of crime;\n\nS. 13(1)(e) inserted by No. 42/2018 s. 18(b), substituted by No. 21/2022 s. 87.\n\n(e) to receive and deal with complaints under Division 3A;\n\nS. 13(1)(f) inserted by No. 21/2022 s. 87.\n\n(f) to make annual and other reports under Division 5;\n\nS. 13(1)(g) inserted by No. 21/2022 s. 87.\n\n(g) to perform any other functions conferred on the Commissioner by or under this or any other Act.\n\n(2) The Commissioner has all the powers that are necessary or convenient to perform the functions of the Commissioner under this Act.\n\n\t14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006\n\nIn the performance of a function or the exercise of a power under this Act the Commissioner must have regard to—\n\n(a) the objectives of this Act; and\n\n(b) the **Victims' Charter Act 2006**.\n\n\t15 Authorised person\n\n(1) The Commissioner may authorise any person to assist the Commissioner in performing a function.\n\n(2) An authorisation may be general or limited to a specific function of the Commissioner.\n\n(3) The Commissioner must not authorise a person under this section unless the Commissioner is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\n\t16 Staff to be provided\n\n(1) The Secretary must ensure that the Commissioner is provided with any employees that are necessary to assist the Commissioner in performing the Commissioner's functions.\n\n(2) An employee provided by the Secretary under subsection (1) must be employed under Part 3 of the **Public Administration Act 2004**.\n\n\t17 Assistance to be provided\n\nThe Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions must ensure that the Commissioner or an authorised person is provided with any assistance in connection with the reasonable performance of the Commissioner's functions that the Commissioner or the authorised person reasonably requires.\n\nS. 18 amended by No. 42/2018 s. 19.\n\n\t18 Commissioner may require access to records from the Secretary\n\nThe Secretary must give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions under section 23 and Division 3A.\n\n\t19 Commissioner may require access to records from the Chief Commissioner of Police\n\n(1) The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.\n\n(2) Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Commissioner under this section.\n\n(3) The Chief Commissioner of Police may refuse to comply with a requirement of the Commissioner under this section if the Chief Commissioner of Police considers that giving access to a record would, or would be reasonably likely to—\n\n(a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or\n\n(b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or\n\n(c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or\n\n(d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or\n\n(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.\n\n(4) Section 19 of the **Victoria Police Act 2013** does not apply to a duty or discretion of the Chief Commissioner of Police under this section.\n\n(5) A police officer who is a Deputy Commissioner appointed under section 21 of the **Victoria Police Act 2013** may exercise a duty of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police.\n\n\t20 Commissioner may require access to records from the Director of Public Prosecutions\n\n(1) The Commissioner may require the Director of Public Prosecutions to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.\n\n(2) Subject to subsection (3), the Director of Public Prosecutions must comply with a requirement of the Commissioner under this section.\n\n(3) The Director of Public Prosecutions may refuse to comply with a requirement of the Commissioner under this section if the Director of Public Prosecutions considers that giving access to that record would, or would be reasonably likely to—\n\n(a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or\n\n(b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or\n\n(c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or\n\n(d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or\n\n(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.\n\n\t21 Confidentiality of identifying information\n\n(1) Subject to subsection (2), a person must not knowingly disclose any identifying information obtained in the course of the performance of a function or the exercise of a power of the Commissioner.\n\nPenalty: 120 penalty units\n\n(2) A person may disclose identifying information obtained as a result of the person performing a function or exercising a power of the Commissioner in the following circumstances—\n\n(a) if the disclosure is reasonably necessary for the person to perform a function or to exercise a power of the Commissioner;\n\n(b) if the disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court or tribunal;\n\n(c) if the disclosure is reasonably necessary for the purpose of the administration or enforcement of an order of a court or tribunal;\n\n(d) if the disclosure is to a legal practitioner for the purpose of obtaining legal advice or representation;\n\n(e) if the disclosure is authorised in writing by the person to whom the identifying information relates;\n\n(f) if the disclosure is required or authorised by or under this Act or any other Act.\n\n\t22 Commissioner not to prejudice legal proceedings or investigations\n\n(1) The Commissioner must not perform a function or exercise a power in a manner that would prejudice—\n\n(a) any criminal proceeding or criminal investigation; or\n\n(b) any civil proceeding; or\n\nS. 22(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 40.2).\n\n(c) an investigation by the IBAC or Integrity Oversight Victoria; or\n\n(d) any proceeding in the Family Division of the Children's Court; or\n\n(e) any proceeding in the Coroner's Court; or\n\n(f) any proceeding under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or\n\n(g) any proceeding under Part 7 of the **Victoria Police Act 2013**.\n\n(2) For the purposes of ensuring compliance with subsection (1), the Commissioner may consult any of the following—\n\n(a) the State Coroner;\n\n(b) the Chief Commissioner of Police;\n\n(c) the Director of Public Prosecutions;\n\n(d) the Commissioner of the IBAC;\n\n(e) the principal registrar of the Victims of Crime Assistance Tribunal.\n\nDivision 3—Inquiries\n\n\t23 Inquiries\n\n(1) The Commissioner may carry out an inquiry on any systemic victim of crime matter.\n\n(2) The Commissioner may carry out the inquiry—\n\n(a) if requested to do so by any person; or\n\n(b) on the Commissioner's own motion.\n\n(3) A person making a request under subsection (2)(a) does not need to be a victim of crime.\n\n\t24 Avoiding unnecessary duplication\n\nIt is the intention of Parliament that the Commissioner in carrying out an inquiry should liaise with other investigative authorities, official bodies and statutory officers—\n\n(a) to avoid unnecessary duplication of inquiries; and\n\n(b) to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers.\n\n\t25 Report of inquiry into systemic victim of crime matter\n\n(1) The Commissioner may provide the Attorney-General with a report of an inquiry conducted by the Commissioner into a systemic victim of crime matter.\n\n(2) The Attorney-General on being provided with the report under subsection (1) may, with the agreement of the Commissioner—\n\n(a) publish the report; or\n\n(b) cause the report to be tabled in each House of Parliament.\n\nPt 2 Div. 3A (Heading and ss 25A–25K) inserted by No. 42/2018 s. 20.\n\nDivision 3A—Complaints about compliance with the Charter principles\n\nS. 25A inserted by No. 42/2018 s. 20.\n\n\t25A Making a complaint to the Commissioner\n\nA person may make a complaint to the Commissioner in relation to an agency's compliance with the Charter principles if the person—\n\n(a) is a victim within the meaning of the **Victims' Charter Act 2006**; and\n\n(b) has first made a complaint to the agency under section 19B of the **Victims' Charter Act 2006** and is dissatisfied with the agency's response to that complaint.\n\nS. 25B inserted by No. 42/2018 s. 20.\n\n\t25B How to make a complaint\n\n(1) Subject to subsection (2), a complaint may be made either orally or in writing.\n\n**Note**\n\nA complaint may be made by an electronic communication within the meaning of section 3(1) of the **Electronic Transactions (Victoria) Act 2000**.\n\n(2) A person who makes an oral complaint must confirm the complaint in writing as soon as practicable.\n\n(3) The Commissioner must take all reasonable steps to assist a person who has made an oral complaint to confirm that complaint in writing.\n\nS. 25C inserted by No. 42/2018 s. 20.\n\n\t25C Time limit for making complaint\n\n(1) Subject to subsection (2), a complaint must be made—\n\n(a) in the case of a complaint that concerns the failure by an agency to provide information or a document, not more than 12 months after the information or document was first sought by the person; or\n\n(b) in any other case, not more than 12 months after the matter that is the subject of the complaint occurred.\n\n(2) The Commissioner may accept a complaint made at a later time if the Commissioner is satisfied that there is a good reason for the delay by the person making the complaint.\n\nS. 25D inserted by No. 42/2018 s. 20.\n\n\t25D Withdrawal of complaint\n\n(1) A person who has made a complaint may withdraw the complaint at any time in writing.\n\n(2) The Commissioner must take reasonable steps to assist a person to withdraw a complaint in writing.\n\nS. 25E inserted by No. 42/2018 s. 20.\n\n\t25E Information relating to complaint to be provided\n\nThe Commissioner may by written notice to the person who has made a complaint or the agency that is the subject of the person's complaint—\n\n(a) request specified information relating to the complaint; and\n\n(b) specify the time by which such information must be given to the Commissioner.\n\nS. 25F inserted by No. 42/2018 s. 20.\n\n\t25F Preliminary assessment of complaint\n\n(1) The Commissioner must, as soon as practicable but no later than 28 days after receiving a complaint—\n\n(a) agree to consider the complaint; or\n\n(b) decline to consider the complaint.\n\n(2) The Commissioner must, not more than 14 days after agreeing to consider a complaint, give written notice of that decision and the particulars of the complaint to—\n\n(a) the person who made the complaint; and\n\n(b)  the agency that is the subject of the complaint.\n\n(3) The Commissioner must, not more than 14 days after declining to consider a complaint, give written notice of that decision to the person who made the complaint.\n\nS. 25G inserted by No. 42/2018 s. 20.\n\n\t25G Certain grounds on which Commissioner may decline to consider complaint\n\nThe Commissioner may decline to consider a complaint if—\n\n(a) the agency has not finalised its investigation of the complaint; or\n\n(b) the Commissioner refers the matter to—\n\n(i) the IBAC under section 26; or\n\n(ii) another person under section 27; or\n\n(iii) any other body, organisation, agency or entity under section 25H; or\n\n(c) the complaint forms the basis of an investigation currently being conducted by another body, organisation, agency or entity; or\n\n(d) the Commissioner is satisfied that the complaint—\n\n(i) is frivolous, vexatious, misconceived, lacking in substance, or otherwise does not warrant action; or\n\n(ii) is not made in good faith; or\n\n(iii) is made for an improper purpose; or\n\n(e) in the circumstances, the Commissioner is satisfied that it is appropriate to do so.\n\nS. 25H inserted by No. 42/2018 s. 20.\n\n\t25H Commissioner may refer complaint\n\n(1) The Commissioner may  refer a complaint or part of a complaint to another body, organisation, agency or entity if the complaint raises issues that the Commissioner is satisfied would be more appropriately dealt with by that other body, organisation, agency or entity.\n\n(2) The Commissioner must, not more than 14 days after referring a complaint or part of a complaint to another body, organisation, agency or entity, give written notice of that decision to—\n\n(a) the person who made the complaint; and\n\n(b) the agency that is the subject of the complaint.\n\nS. 25I inserted by No. 42/2018 s. 20.\n\n\t25I Investigation of a complaint\n\n(1) If the Commissioner agrees to consider a complaint, the Commissioner must investigate the complaint.\n\n(2) The Commissioner may—\n\n(a) review any findings, recommendations, determinations or other decisions of the agency in relation to the complaint; and\n\n(b) consider the agency's response to the complaint*,* processes for dealing with complaints, and compliance with the **Victims' Charter Act 2006** and Charter principles.\n\n(3) For the avoidance of doubt, the Commissioner must not, in investigating a complaint—\n\n(a) review a decision involving the exercise of prosecutorial discretion; or\n\n**Examples**\n\n1 A decision to discontinue a prosecution.\n\n2 A decision to accept a guilty plea in relation to particular charges.\n\n(b) intervene in a way that prejudices a proceeding for a criminal offence or the investigation of a criminal offence; or\n\n(c) interfere with the exercise of the jurisdiction of a court.\n\nS. 25J inserted by No. 42/2018 s. 20.\n\n\t25J Outcome of investigation\n\n(1) The Commissioner may, after investigating a complaint, recommend to the agency that is the subject of the complaint that it take any of the following actions—\n\n(a) an apology, explanation or facilitated meeting;\n\n(b) additional training;\n\n(c) a change of policy;\n\n(d) the provision of information.\n\n(2) The Commissioner must not, in making a recommendation under subsection (1)—\n\n(a) require or direct any party to the complaint to do any act or thing; or\n\n(b) make a determination that is binding on any party to the complaint.\n\nS. 25K inserted by No. 42/2018 s. 20.\n\n\t25K Notice of investigation outcome\n\n(1) The Commissioner must, not more than 14 days after completing an investigation, give written notice of the outcome of the investigation to—\n\n(a) the person who made the complaint; and\n\n(b) the agency that is the subject of the complaint.\n\n(2) The notice under subsection (1) must include—\n\n(a) the reasons for any decision by the Commissioner to uphold or dismiss the complaint or any part of the complaint; and\n\n(b) any recommendations made by the Commissioner under section 25J(1).\n\nDivision 4—Interaction with other agencies and referral of information\n\n\t26 Referral of matter to the IBAC\n\n(1) The Commissioner may refer to the IBAC any matter that the Commissioner has become aware of in the course of the exercise of the functions of the Commissioner under this Act, that the Commissioner believes is relevant to the performance of the IBAC's functions.\n\n(2) The Commissioner must refer to the IBAC a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner that the Commissioner reasonably believes is corrupt conduct.\n\n\t27 Referral of matter to other persons\n\n(1) Subject to subsection (2), the Commissioner may refer a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner to the following persons—\n\n(a) the Director of Public Prosecutions;\n\n(b) the Chief Commissioner of Police;\n\nS. 27(1)(ba) inserted by No. 42/2018 s. 21.\n\n(ba) the Victorian Legal Services Commissioner appointed under the **Legal Profession Uniform Law Application Act 2014**;\n\n(c) the Ombudsman.\n\n(2) The Commissioner must not refer a matter under subsection (1) unless the Commissioner believes it is appropriate to refer the matter to that person.\n\nDivision 5—Reporting\n\n\t28 Annual report\n\nS. 28(1) amended by No. 21/2022 s. 88.\n\n(1) The Commissioner must make a report by 30 November in each year on the performance of functions and the exercise of the powers of the Commissioner under this Act during the financial year ending on the immediately preceding 30 June.\n\nS. 28(1A) inserted by No. 42/2018 s. 22.\n\n(1A) A report made under subsection (1) must include the following—\n\n(a) information about prescribed agencies' compliance with the **Victims' Charter Act 2006** in that year;\n\n(b) the number, type and outcome of complaints made to, and processed by, the Commissioner in that year about prescribed agencies' compliance with the Charter principles.\n\n(2) The Commissioner must give a report made under subsection (1) to the Attorney-General.\n\n(3) The Attorney-General must cause a copy of a report made under subsection (1) to be laid before each House of Parliament within 10 sitting days of that House after the report has been given to the Attorney-General.\n\n\t29 Reports to the Attorney-General\n\n(1) The Commissioner may report to the Attorney-General any matter relating to the performance of the Commissioner's functions.\n\n(2) The Attorney-General may cause a copy of a report referred to in subsection (1) to be laid before each House of Parliament.\n\nS. 29A inserted by No. 42/2018 s. 23.\n\n\t29A Commissioner to review Victims' Charter Act 2006\n\n(1) By no later than 4 November 2024, the Commissioner must commence a review of the operation of the **Victims' Charter Act 2006** and its benefits for victims (within the meaning of that Act).\n\n(2) The Commissioner must give a report of the review to the Attorney-General on or before 7 September 2025.\n\n(3) The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of receiving that report.\n\n\t30 Content of reports\n\nS. 30(1) amended by No. 42/2018 s. 24.\n\n(1) Subject to subsection (2), the Commissioner may include identifying information in a report under section 25, 28, 29 or 29A if the person to whom the information relates has given written consent.\n\nS. 30(2) amended by No. 42/2018 s. 24.\n\n(2) The Commissioner must not include in a report under section 25, 28, 29 or 29A any information (whether or not it is identifying information) that the Commissioner considers would prejudice—\n\n(a) any criminal proceeding or criminal investigation; or\n\n(b) any civil proceeding; or\n\nS. 30(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 40.3).\n\n(c) an investigation by the IBAC or Integrity Oversight Victoria; or\n\n(d) any proceeding in the Family Division of the Children's Court; or\n\n(e) any proceeding in the Coroners Court; or\n\n(f) any proceeding under **the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; or\n\n(g) any proceeding under Part 7 of the **Victoria Police Act 2013**.\n\nPart 3—Victims of Crime Consultative Committee\n\nDivision 1—Establishment and functions\n\n\t31 Establishment of Victims of Crime Consultative Committee\n\nThe Victims of Crime Consultative Committee is established.\n\n\t32 Functions of the Committee\n\n(1) The Committee has the following functions—\n\n(a) to provide a forum for victims of crime, justice agencies and victim of crime services to discuss improvements to policies, practices and service delivery in respect of victim of crime issues and victim of crime support services;\n\n(b) to provide advice to the Attorney-General regarding policies, practices and reforms in respect of victim of crime issues and victim of crime support services;\n\n(c) to promote the interests of victims of crime in the administration of the justice system;\n\n(d) to provide advice on a matter referred to the Committee by the Attorney-General.\n\n(2) The Committee must have regard to and act in a manner consistent with the principles of the **Victims' Charter Act 2006**.\n\nDivision 2—Chairperson\n\n\t33 Appointment of Chairperson\n\n(1) On the recommendation of the Attorney-General, the Governor in Council may by instrument appoint an eligible person to be Chairperson of the Committee.\n\n(2) A person is not eligible for appointment as Chairperson if the person is a member of the Parliament of Victoria or Parliament of the Commonwealth or of another State or a Territory.\n\n\t34 Terms of appointment of Chairperson\n\nThe Chairperson—\n\nS. 34(a) amended by No. 35/2020 s. 13.\n\n(a) holds office for the period, not exceeding 3 years, specified in the instrument of appointment; and\n\n(b) is eligible for reappointment; and\n\n(c) is entitled to the remuneration and allowances determined from time to time by the Governor in Council.\n\n\t35 Vacancy and resignation of Chairperson\n\nThe Chairperson ceases to hold office if the Chairperson—\n\n(a) resigns by writing given to the Governor in Council; or\n\n(b) becomes insolvent under administration; or\n\n(c) is found guilty or convicted of—\n\n(i) an indictable offence; or\n\n(ii) an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) is removed from office under section 36.\n\n\t36 Removal from office of Chairperson\n\nThe Governor in Council may remove the Chairperson from office at any time on the recommendation of the Attorney-General.\n\n\t37 Acting Chairperson\n\n(1) The Attorney-General may appoint a member of the Committee to act as the Chairperson—\n\n(a) during a vacancy in the office of the Chairperson; or\n\n(b) during any period when—\n\n(i) the Chairperson is absent; or\n\n(ii) the Chairperson is for any other reason unable to perform the duties of the office.\n\n(2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.\n\n(3) While the member is acting as the Chairperson, the member has all the powers and may perform all the duties and functions of the Chairperson.\n\nDivision 3—Membership and procedure\n\n\t38 Membership of the Committee\n\n(1) The Committee consists of—\n\n(a) the Chairperson; and\n\n(b) the Commissioner; and\n\n(c) the judicial members of the Committee; and\n\n(d) a legal practitioner of the Office of Public Prosecutions nominated by the Director of Public Prosecutions; and\n\n(e) an officer or a member of the Adult Parole Board from time to time nominated by the chairperson of the Adult Parole Board; and\n\n(f) a police officer nominated by the Chief Commissioner of Police; and\n\n(g) the members appointed under sections 39, 40 and 41.\n\n(2) For the purposes of subsection (1)(c) the judicial members of the Committee are—\n\n(a) a Judge or a reserve Judge of the Supreme Court from time to time nominated by the Chief Justice and the President of the Court of Appeal; and\n\n(b) a judge or a reserve judge of the County Court from time to time nominated by the Chief Judge; and\n\n(c) a magistrate or a reserve magistrate of the Magistrates' Court from time to time nominated by the Chief Magistrate; and\n\n(d) a coroner or a reserve coroner of the Coroners Court from time to time nominated by the State Coroner; and\n\n(e) a magistrate or a reserve magistrate of the Victims of Crime Tribunal from time to time nominated by the Chief Magistrate.\n\n(3) If a person nominated as a member of the Committee under subsection (1)(c), (d), (e) or (f) ceases to hold the office in respect of which the nomination was made, the person ceases to be a member of the Committee.\n\n(4) A member of the Committee is not, in respect of the member's appointment, subject to the **Public Administration Act 2004**.\n\n\t39 Members who are victims of crime\n\n(1) The Attorney-General may appoint as members of the Committee up to 7 persons who are victims of crime.\n\n(2) Before making an appointment under this section, the Attorney-General may call for expressions of interest for appointment to the Committee.\n\n(3) A person appointed as a member under this section must represent the interests of all victims of crime.\n\nS. 39(4) amended by No. 35/2020 s. 14.\n\n(4) A person appointed as a member under this section is eligible for reappointment for one further term not exceeding 6 months.\n\n\t40 Member representing victim of crime services organisation\n\n(1) On the recommendation of an organisation that provides services to victims of crime, the Attorney-General may appoint a person as a member of the Committee to represent that organisation.\n\n(2) An appointment made under this section may be made in respect of one or more organisations.\n\n(3) Subject to the approval of the organisation which the person was appointed to represent, a person appointed as a member under this section is eligible for reappointment.\n\n\t41 Appointed additional member\n\n(1) The Attorney-General may appoint one or more persons, as an additional member of the Committee.\n\n(2) A person appointed as a member under this section is eligible for reappointment.\n\n\t42 Terms and conditions of appointment of member\n\n(1) A person's appointment as a member of the Committee under section 39, 40 or 41 is—\n\nS. 42(1)(a) amended by No. 35/2020 s. 15(1).\n\n(a) for the period, not exceeding 3 years, specified in the instrument of appointment; and\n\n(b) on the terms and conditions specified in the instrument of appointment.\n\n(2) A member of the Committee appointed under section 39, 40 or 41 may be reimbursed for any expenses incidental to the member's appointment as determined from time to time by the Attorney-General.\n\nS. 42(3) inserted by No. 35/2020 s. 15(2).\n\n(3) A member of the Committee appointed under section 39 is entitled to the remuneration and allowances determined from time to time by the Attorney-General.\n\n\t43 Cessation of appointment as member of the Committee\n\n(1) A member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee if—\n\n(a) the member resigns by writing given to the Attorney-General; or\n\n(b) the member is found guilty or convicted of—\n\n(i) an offence punishable by level 9 imprisonment; or\n\n(ii) an offence that, if committed in Victoria, would be punishable by level 9 imprisonment; or\n\n(c) the appointment of the member is revoked under subsection (2).\n\n(2) The Attorney-General may revoke the appointment of a member of the Committee under section 39, 40 or 41 at any time.\n\n\t44 Acting member of the Committee\n\n(1) Subject to subsection (2), if a member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee before the member's term of appointment has expired, the Attorney-General may fill the vacant position by appointing a suitably qualified person to act as a member of the Committee.\n\n(2) The appointment of an acting member of the Committee under this section is for the remainder of the term of appointment of the member whose place the acting member fills.\n\nDivision 4—Proceedings of the Committee and conduct of members\n\n\t45 Proceedings of the Committee\n\n(1) The Chairperson may at any time convene a meeting of the Committee.\n\n(2) A meeting of the Committee convened under subsection (1) may proceed regardless of whether all the members are present.\n\n(3) Subject to this section, the Committee may regulate its own procedure.\n\n\t46 Confidentiality of the Committee\n\n(1) Subject to subsection (2), a member of the Committee must not knowingly disclose any identifying information obtained in the course of performing the member's role as a member of the Committee.\n\nPenalty: 120 penalty units.\n\n(2) A member of the Committee, other than the Commissioner, may disclose identifying information obtained as a result of the member's appointment if the disclosure or communication is authorised in writing by—\n\n(a) the Chairperson; and\n\n(b) the person to whom the identifying information relates.\n\n**Note**\n\nPart 2 provides for the circumstances under which the Commissioner may disclose identifying information.\n\nPart 4—General\n\n\t47 Regulations\n\nThe Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nPt 5 (Heading and ss 48, 49) repealed by No. 56/2015 s. 49,  \nnew Pt 5 (Heading and new s. 48) inserted by No. 42/2018 s. 25.\n\nPart 5—Transitional provisions\n\nNew s. 48 inserted by No. 42/2018 s. 25.\n\n\t48 Transitional provision—Victims and Other Legislation Amendment Act 2018\n\nThe amendments made to this Act by Part 3 of the **Victims and Other Legislation** **Amendment Act 2018** do not apply in relation to a complaint made to an agency before the day on which that Part comes into operation.\n\nNew s. 49 inserted by No. 35/2020 s. 16.\n\n\t49 Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020\n\n(1) The period of appointment of a person who, immediately before the amendment of section 34(a) by the **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020**, is appointed as Chairperson, is taken, on and from that amendment to be for a period of 3 years commencing from the date of appointment specified in the person's instrument of appointment.\n\n(2) A person who, immediately before the amendment of section 42 by the **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020**, is appointed as a member under section 39, is taken, on and from that amendment—\n\n(a) to be appointed for the period—\n\n(i) commencing from the date of appointment specified in the person's instrument of appointment; and\n\n(ii) ending on 16 April 2023; and\n\n(b) is entitled to the remuneration and allowances determined from time to time by the Attorney-General from the date of appointment specified in the person's instrument of appointment.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 16 September 2015*\n\n*Legislative Council: 8 October 2015*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the Victims of Crime Commissioner and the Victims of Crime Consultative Committee and for other purposes.\"\n\nThe **Victims of Crime Commissioner Act 2015,** No. 56/2015 was assented to on 27 October 2015 and came into operation on 3 February 2016: Special Gazette (No. 10) 2.2.16 p. 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Victims of Crime Commissioner Act 2015** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Victims of Crime Commissioner Act 2015, No. 56/2015**\n\n| Assent Date: | 27.10.15 |\n| --- | --- |\n| Commencement Date: | S. 49 on 3.2.16: Special Gazette (No. 10) 2.2.16 p. 1 |\n| Note: | S. 49 repealed Pt 5 (ss 48, 49) on 1.9.17 |\n| Current State: | This information relates only to the provision/s amending the **Victims of Crime Commissioner Act 2015** |\n\n\n**Victims and Other Legislation Amendment Act 2018, No. 42/2018**\n\n| Assent Date: | 11.9.18 |\n| --- | --- |\n| Commencement Date: | Ss 17–25 on 4.11.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Victims of Crime Commissioner Act 2015** |\n\n\n**Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020**\n\n| *Assent Date:* | 17.11.20 |\n| --- | --- |\n| *Commencement Date:* | Ss 13−17 on 18.11.20: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Victims of Crime Commissioner Act 2015** |\n\n\n**Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022**\n\n| Assent Date: | 7.6.22 |\n| --- | --- |\n| Commencement Date: | Ss 86–88 on 31.10.22: Special Gazette (No. 524) 4.10.22 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Victims of Crime Commissioner Act 2015** |\n\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| --- | --- |\n| Commencement Date: | S. 113(Sch. 1 item 40) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Victims of Crime Commissioner Act 2015** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at the date of this publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded materially from its original core of creating an advocate and forum for victims. Key additions in later amendments broadened the Commissioner’s operational remit: the 2018 amendments introduced a formal statutory complaints process about agencies’ compliance with the Victims’ Charter (Division 3A, ss 25A–25K), increased reporting content (s 28(1A)) and added referral powers; the 2020 amendments adjusted terms and remuneration details for Committee members and the Chair (ss 34, 42 transitional arrangements); the 2022 amendments broadened the statutory definition of ‘‘victim of crime’’ (s 3) and added functions and reporting duties; and the 2024 amendments inserted references to Integrity Oversight Victoria and expanded the list of proceedings the Commissioner must not prejudice (ss 3, 22, 30). Cumulatively, these changes move the office from principally advocacy and systemic inquiry towards a mixed role that includes statutory complaint handling, stronger record‑access powers, mandatory reviews and a more detailed reporting regime (see Division 3A, ss 18–20, ss 28–29A). This represents a significant enlargement of operational scope compared with the Act’s original limited advocacy/inquiry focus."},"complexity_factors":["Multiple interlinked regimes: establishment of an oversight office plus a consultative committee with separate appointment and membership rules (ss 6–12; ss 31–46)","Numerous defined terms and cross‑references to other Acts (Victims' Charter Act 2006, Victims of Crime Assistance Act 1996, Victims of Crime (Financial Assistance Scheme) Act 2022, Victoria Police Act 2013, IBAC Act, Integrity Oversight Victoria Act etc.) (s 3 and throughout)","Detailed complaints procedure with many steps, time limits and discretionary exceptions (Division 3A, ss 25A–25K)","Access to records provisions with multiple, nested refusal grounds for police and DPP records (ss 19–20)","Confidentiality rules with statutory penalty and multiple exceptions (s 21; s 46)","Reporting duties and a statutorily required review of the Victims' Charter with firm timeframes (ss 28, 29A, 30)","Membership composition and nomination processes for the Committee involve multiple nominating authorities (Chief Justice, Chief Judge, Chief Magistrate, State Coroner, DPP, Chief Commissioner of Police, Adult Parole Board chair) (s 38)","Transitional and amendment history creates conditional start dates and transitional arrangements (Part 5 and endnotes)","Several non‑binding but discretionary powers (e.g. broad inquiry power s 23; “necessary or convenient” powers s 13(2); referral powers ss 26–27)"],"plain_english_summary":"**What this Act sets up and who it affects (plain terms)**\n\n- It creates an independent office called the Victims of Crime Commissioner (the Commissioner) and a Victims of Crime Consultative Committee (the Committee) and sets out what each can do (ss 6, 31–32).\n- The Commissioner’s job is to represent and advocate for victims when government departments, Victoria Police and prosecution agencies deal with them; to conduct systemic inquiries about how victims are treated; to handle complaints about agencies’ compliance with the Victims’ Charter (see Division 3A); and to report to the Attorney‑General (s 13, ss 23, 25A–25K, ss 28–30).\n- The Act affects: victims (as defined by related Acts), government departments, Victoria Police, the Director of Public Prosecutions (DPP), and specified justice bodies that must assist the Commissioner (ss 3, 16–20, 17).\n\n**How the Act works — main mechanics (what it requires and allows)**\n\n- Appointment, term and pay: The Attorney‑General recommends and the Governor in Council appoints the Commissioner and the Committee Chair; terms, reappointment limits and remuneration are set out in the Act (ss 7–11, 33–37, 8, 9, 34).\n\n- Staff and assistance: The Secretary to the Department of Justice and Community Safety must provide the Commissioner with necessary employees (s 16). The Secretary, the Chief Commissioner of Police and the DPP must provide reasonable assistance the Commissioner reasonably requires (s 17).\n\n- Access to records: The Commissioner may require access to records from the Secretary, Victoria Police and the DPP when needed to carry out inquiries or investigate complaints. Police and the DPP may refuse access on identified grounds (for example, if disclosure would prejudice an investigation or a fair trial, disclose privileged material, reveal confidential sources, or endanger safety) (ss 18–20).\n\n- Confidentiality and penalties: A person must not knowingly disclose identifying information obtained while performing a Commissioner function, subject to listed exceptions (for example, consent or necessary legal purposes). Breach attracts a penalty (s 21). Committee members are subject to comparable confidentiality rules (s 46).\n\n- Inquiries and reports: The Commissioner can carry out systemic inquiries on the Commissioner’s own motion or on request (s 23). The Commissioner may report findings to the Attorney‑General and, with agreement, those reports can be published or tabled in Parliament (s 25). Annual reporting duties and a statutory requirement to review the Victims’ Charter are included (ss 28, 29A).\n\n- Complaints about Charter compliance: A victim who has first complained to the agency and is dissatisfied can complain to the Commissioner (ss 25A–25K). The Act sets out time limits, how complaints are made, preliminary assessment timeframes, grounds for declining to consider complaints, referral powers, investigation powers (but not power to override prosecutorial discretion or interfere with court process), and recommended outcomes (ss 25B–25J).\n\n- Referral powers: The Commissioner must refer suspected corrupt conduct to the Independent Broad‑based Anti‑corruption Commission (IBAC) and may refer other matters to the DPP, Chief Commissioner of Police, Legal Services Commissioner or Ombudsman as appropriate (ss 26–27).\n\n- Committee role and composition: The Committee provides a forum and advice on victim-related policy and service delivery. Membership mixes victim representatives, nominated judicial and law‑enforcement officers and agency nominees (ss 32, 38–44). The Committee must act consistently with the Victims’ Charter (s 32(2)).\n\n**Stated purpose(s) in the Act and how the Act implements them**\n\n- The Act declares its purposes as establishing the Commissioner and Committee and setting out their functions (s 1). Its stated objectives are promoting recognition, representation and inclusion of victims in the justice system (s 4).\n- Implementation mechanisms: statutory appointment process (ss 7, 33), guaranteed staff (s 16), statutory powers to access records (ss 18–20), investigatory and complaint‑handling powers (ss 23, 25A–25K), reporting duties (ss 28–30), and referral obligations (ss 26–27).\n\n**Costs, incentives, trade‑offs and likely behavioural effects (practical testing)**\n\n- Who pays: remuneration, allowances and staff are paid from public funds — the Commissioner’s pay and the Committee Chair’s pay are determined by the Governor in Council (ss 8, 34), and staff are provided by the Secretary (s 16). Agencies bear the compliance cost of providing assistance and records (s 17).\n\n- Who decides: the Attorney‑General has central control over appointments and can recommend removals; the Governor in Council gives formal effect (ss 7, 12, 33, 36). The Commissioner exercises broad operational discretion over which inquiries to run (s 23) and whether to investigate complaints (s 25F, 25G).\n\n- Incentives and behavioural change: agencies must assist the Commissioner and provide records unless a specific refusal ground applies (s 17, ss 18–20). That creates an incentive for agencies to improve Charter compliance to reduce complaints and scrutiny. The Commissioner can recommend remedies to agencies (apologies, training, policy changes) but cannot impose binding directions or reverse prosecutorial or judicial decisions (s 25J; s 25I(3)).\n\n- Trade‑offs and opportunity costs: the Act allocates public resources (staff time, legal and administrative effort) to victim advocacy, complaint handling and systemic inquiries. Agencies may need to prioritise responding to Commissioner requests and implementing recommended changes, which diverts capacity from other tasks (ss 16–20, 25I–25J).\n\n- Implementation risks and bureaucratic discretion: access-to-records powers include discretionary refusal grounds (ss 19(3), 20(3)), which require agency judgements about prejudice to legal processes or safety. The Commissioner’s broad power to act “as necessary or convenient” to perform functions (s 13(2)) and the discretion to accept late complaints (s 25C(2)) create room for case‑by‑case decisions, raising consistency and transparency risks unless guided by published procedures.\n\n- Compliance burden and enforcement: the Commissioner’s recommendations are not legally binding (s 25J(2)). The primary enforcement is reputational and via reporting to the Attorney‑General and Parliament (ss 25, 28–30). Confidentiality obligations with a monetary penalty apply to disclosures of identifying information (s 21).\n\n- Effects on private parties and markets: the Act is directed at public agencies and courts; it does not create regulatory obligations for businesses in general. Legal practitioners and public prosecutions are involved as part of membership, access and referral mechanisms (ss 38, 27). The Act expressly avoids intervening in prosecutorial discretion or court jurisdiction (s 25I(3)).\n\n**Concrete areas where burdens or benefits concentrate**\n\n- Concentrated benefits: victims gain a statutory advocate and a complaint pathway when an agency fails to meet Charter principles (ss 13, 25A–25K).\n- Diffuse costs: government agencies, Victoria Police and the DPP face ongoing administrative and co‑operation costs in responding to inquiries, providing records and implementing recommendations (ss 16–20, 25I–25J).\n\n**Key limits and safeguards**\n\n- The Commissioner may not prejudice active legal proceedings or investigations and must consult relevant authorities where necessary (ss 22, 22(2)).\n- Access to some police and prosecution records can be refused on identified grounds to protect fair trials, investigations, privilege and safety (ss 19(3), 20(3)).\n- Recommendations are non‑binding and cannot require a party to act (s 25J(2)).\n\n**Where to look in the Act for specific powers or obligations**\n\n- Appointment, terms and removal: ss 7–12 (Commissioner); ss 33–37 (Chairperson).\n- Staff and inter‑agency assistance: ss 16–18.\n- Access to records and refusal grounds: ss 18–20.\n- Confidentiality and penalties: ss 21, 46.\n- Inquiries and systemic reports: ss 23–25.\n- Complaints about Charter compliance: ss 25A–25K.\n- Referrals to IBAC and other bodies: ss 26–27.\n- Reporting duties and review of the Victims’ Charter: ss 28–30, 29A.\n\n(References are to section numbers in the Act.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2015 Act established the Commissioner primarily as an advocate and inquiry body. However, the 2018 amendments (Division 3A, sections 25A-25K) significantly expanded the scope by adding a statutory complaints-handling function about compliance with the Victims' Charter. This transformed the office from a systemic advocate into an individual dispute-resolution body as well. Further 2022 amendments expanded the definition of 'victim of crime' to include the new Financial Assistance Scheme, and 2024 amendments added Integrity Oversight Victoria to the list of bodies whose investigations the Commissioner must not prejudice. The legislation has grown from a simple establishment Act to a comprehensive regulatory framework with multiple operational dimensions."},"complexity_factors":["Moderate length (49 sections) with clear Part/Division structure","14 defined terms in section 3, including cross-references to three other Acts for definitions of 'victim of crime'","Nested complaint-handling procedure in Division 3A (sections 25A-25K) with multiple time limits, grounds for refusal, and referral pathways","Multiple cross-references to external legislation (Victims' Charter Act 2006, IBAC Act, Victoria Police Act 2013, etc.)","Conditional access powers in sections 19-20 with five specific grounds for refusal by Police Commissioner and DPP","Complex membership structure for the Consultative Committee (section 38) with 7 different categories of members and varying appointment mechanisms","Amendment history visible in text (multiple 'inserted by' and 'amended by' notations) showing evolutionary complexity"],"plain_english_summary":"This Act creates two key bodies to support victims of crime in Victoria: the **Victims of Crime Commissioner** and the **Victims of Crime Consultative Committee**.\n\n**What it does:**\n- **Establishes an independent Commissioner** who acts as a voice for victims within the justice system. The Commissioner can investigate systemic issues affecting victims, advocate for their rights, and handle complaints about whether government agencies are following the 'Charter principles' (basic standards of treatment for victims under the Victims' Charter Act 2006).\n- **Sets up a Consultative Committee** that includes victims of crime, judges, police, prosecutors, and victim services representatives. This committee advises the government on policy changes and provides a forum for discussing how to improve services for victims.\n\n**Who it affects:**\n- **Victims of crime** – anyone who has suffered injury, loss or damage because of a crime, or their family members in certain cases.\n- **Government agencies** – particularly police, prosecutors, and victim services agencies that must respond to the Commissioner's inquiries and complaints.\n- **The Attorney-General** – who receives reports and recommendations from both bodies.\n\n**Key powers:**\n- The Commissioner can demand access to records from the Department of Justice, Victoria Police, and the Director of Public Prosecutions (though there are exceptions for sensitive information that could harm investigations or endanger safety).\n- The Commissioner can conduct inquiries into systemic problems, receive complaints about agencies failing to treat victims properly, and recommend changes (but cannot force agencies to act or overturn court decisions).\n- Strict confidentiality rules protect victims' identities, with penalties for unauthorised disclosure.\n\n**Why it matters:**\nBefore this Act, victims often had no dedicated advocate within government. This legislation ensures victims have a voice in policy-making, a way to complain when agencies fail them, and an independent body to highlight systemic failures in how the justice system treats victims."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original purpose of establishing the Victims of Crime Commissioner role. The version history shows it has been consolidated but there is no indication of significant scope expansion or contraction from its original intent."},"complexity_factors":["Limited legislative text was provided — only metadata and version history were available, not the full substantive provisions","Institutional/machinery legislation (creating an office) is generally more straightforward than legislation creating substantive rights or obligations","Single-purpose Act focused on one role reduces complexity","No apparent cross-referencing with complex regulatory schemes based on available text","Standard Commissioner appointment and accountability framework follows well-established legislative templates in Australian law"],"plain_english_summary":"The Act creates an independent Victims of Crime Commissioner in Victoria to advocate for victims, monitor how agencies treat them, review complaints and report to Parliament. It affects victims by giving them a formal champion and affects government agencies through oversight.\n\nBy legislating this role, the Act aims to improve victims’ treatment, address systemic problems and strengthen public confidence in the justice system."}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-commissioner-act-2015","history":"/api/acts/victims-of-crime-commissioner-act-2015/history","analysis":"/api/acts/victims-of-crime-commissioner-act-2015/analysis","conflicts":"/api/acts/victims-of-crime-commissioner-act-2015/conflicts","importantCases":"/api/acts/victims-of-crime-commissioner-act-2015/important-cases","documents":"/api/acts/victims-of-crime-commissioner-act-2015/documents"}}