{"id":"nsw:act-2025-064","name":"Victims Rights and Victims of Crime Commissioner Act 2025","slug":"victims-rights-and-victims-of-crime-commissioner-act-2025","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"64 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28824,"registerId":"nsw-act-2025-064-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Victims Rights and Victims of Crime Commissioner Act 2025](/view/html/inforce/current/act-2025-064).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to recognise and promote the rights of victims of crime under the Charter of Victims Rights, and\n> \n> > (b) to establish a Victims of Crime Commissioner.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> The dictionary in Schedule 2 defines words used in this Act.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “victim of crime”","content":"#### 5 Meaning of “victim of crime”\n\n5 Meaning of “victim of crime”\n\n> > (1) For this Act, a victim of crime is a person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of—\n> > \n> > > (a) a criminal offence, including a criminal offence involving a motor vehicle, or\n> > \n> > > (b) conduct of a kind referred to in the [Modern Slavery Act 2018](/view/html/inforce/current/act-2018-030), section 5(1), definition of modern slavery, paragraph (b).\n> \n> > (2) A person suffers harm if, as a result of an act mentioned in subsection (1)—\n> > \n> > > (a) the person suffers actual physical bodily harm or psychological or psychiatric harm, or\n> > \n> > > (b) the person’s property is deliberately taken, destroyed or damaged.\n> \n> > (3) If the person dies as a result of the act, a member of the person’s immediate family is also a victim of crime for this Act.\n> \n> > (4) If a person dies as a result of the act and there is more than one member of the person’s immediate family, the members of the immediate family may nominate a representative for the Charter.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charter of Victims Rights","content":"# Part 2 Charter of Victims Rights\n\nPart 2 Charter of Victims Rights","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Charter of rights of victims of crime","content":"#### 6 Charter of rights of victims of crime\n\n6 Charter of rights of victims of crime\n\n> The following comprises the Charter of rights of victims of crime—","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Additional matters for Charter of victims rights of forensic patients","content":"#### 7 Additional matters for Charter of victims rights of forensic patients\n\n7 Additional matters for Charter of victims rights of forensic patients\n\n> The following comprises the Charter of rights of victims of crime who are victims of forensic patients—","sortOrder":26},{"sectionNumber":"8","sectionType":"section","heading":"Implementation of Charter","content":"#### 8 Implementation of Charter\n\n8 Implementation of Charter\n\n> > (1) The Charter must, as far as practicable and appropriate, govern the treatment of victims in the administration of the affairs of the State.\n> \n> > (2) An agency or person exercising official functions in the administration of the affairs of the State, other than judicial functions, must, to the extent it is relevant and practicable, have regard to the Charter in addition to other relevant matters.\n> \n> > (3) Despite subsection (2), the Charter, section 6.8 does not apply to a victims rights agency when disclosing, to the extent reasonably necessary, a victim’s contact information to another victims rights agency to allow that victims rights agency to inform the victim about services, support or assistance available to the victim, including about the victim’s eligibility to be recorded or included in a relevant victims register.\n> \n> > (4) The Commissioner may make recommendations to the Minister about changes to the Charter, including the following, after conducting research, consultation with victims of crime and consideration of systemic evidence about matters that impact on victims of crime—\n> > \n> > > (a) the addition of new rights to the Charter,\n> > \n> > > (b) the expansion of existing rights set out in the Charter,\n> > \n> > > (c) means of strengthening the enforceability of rights set out in the Charter.\n> \n> > (5) In this section—\n> > \n> > administration of the affairs of the State includes the following—\n> > \n> > > (a) the administration of justice,\n> > \n> > > (b) the provision of police services,\n> > \n> > > (c) the administration of a department of the Government,\n> > \n> > > (d) the provision of services to victims of crime by a person or non-government agency funded by the State to provide the services,\n> > \n> > > (e) the administration of matters relating to forensic patients and victims of forensic patients.","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Complaints about contraventions of Charter","content":"# Part 3 Complaints about contraventions of Charter\n\nPart 3 Complaints about contraventions of Charter","sortOrder":31},{"sectionNumber":"9","sectionType":"section","heading":"Complaints about alleged contraventions of Charter","content":"#### 9 Complaints about alleged contraventions of Charter\n\n9 Complaints about alleged contraventions of Charter\n\n> A complaint may be made to the Commissioner about an alleged contravention of the Charter.","sortOrder":32},{"sectionNumber":"10","sectionType":"section","heading":"Who may make complaints","content":"#### 10 Who may make complaints\n\n10 Who may make complaints\n\n> > (1) The following persons may make a complaint about an alleged contravention of the Charter—\n> > \n> > > (a) a victim of crime,\n> > \n> > > (b) a person acting on behalf of a victim of crime,\n> > \n> > > (c) for a victim of crime who is less than 18 years of age—a parent of, or person with parental responsibility for, the victim of crime,\n> > \n> > > (d) an immediate family member of a missing person.\n> \n> > (2) The head of a government sector agency may refer a complaint about an alleged contravention of the Charter to the Commissioner.","sortOrder":33},{"sectionNumber":"11","sectionType":"section","heading":"How complaints to be made","content":"#### 11 How complaints to be made\n\n11 How complaints to be made\n\n> > (1) A complaint must be made in writing in the form approved by the Commissioner.\n> \n> > (2) If the Commissioner is satisfied a complainant needs help to make a complaint in writing or is unable to make a complaint in writing, the Commissioner may—\n> > \n> > > (a) give reasonable support to the complainant, or\n> > \n> > > (b) allow the complainant to make the complaint other than in writing.","sortOrder":34},{"sectionNumber":"12","sectionType":"section","heading":"Decision to be taken in relation to complaints","content":"#### 12 Decision to be taken in relation to complaints\n\n12 Decision to be taken in relation to complaints\n\n> > (1) After receiving a complaint about an alleged contravention of the Charter, the Commissioner must decide to—\n> > \n> > > (a) investigate all or part of the complaint, or\n> > > \n> > > Note—\n> > > \n> > > See Part 6, which provides for the Commissioner’s powers in relation to an investigation of a complaint about an alleged contravention of the Charter.\n> > \n> > > (b) decline to investigate or otherwise deal with all or part of the complaint in accordance with section 13.\n> \n> > (2) If the Commissioner makes a decision referred to in subsection (1)(b), the Commissioner must, as soon as practicable after making the decision, give the person who made the complaint written notice of the following—\n> > \n> > > (a) the decision,\n> > \n> > > (b) the reasons for the decision.","sortOrder":35},{"sectionNumber":"13","sectionType":"section","heading":"Commissioner may decline to investigate or otherwise deal with complaints","content":"#### 13 Commissioner may decline to investigate or otherwise deal with complaints\n\n13 Commissioner may decline to investigate or otherwise deal with complaints\n\n> > (1) The Commissioner may decide to decline to investigate or otherwise deal with all or part of a complaint if the Commissioner is satisfied—\n> > \n> > > (a) the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by another entity, or\n> > \n> > > (b) the subject of the complaint or part of the complaint is being, or has been, dealt with by the Commissioner or another government sector agency, or\n> > \n> > > (c) an internal complaints mechanism relevant to the conduct the subject of the complaint or part of the complaint has not been exhausted, or\n> > \n> > > (d) the time that has passed since the conduct the subject of the complaint or part of the complaint occurred makes it impracticable to investigate the complaint or part of the complaint, or\n> > \n> > > (e) the conduct the subject of the complaint or part of the complaint would not amount to a contravention of the Charter, or\n> > \n> > > (f) the complaint or part of the complaint is frivolous or vexatious.\n> \n> > (2) If the Commissioner declines to investigate or otherwise deal with all or part of the complaint under subsection (1)(a), the Commissioner must refer the complaint or part of the complaint to the other entity.","sortOrder":36},{"sectionNumber":"14","sectionType":"section","heading":"Action after investigation of complaints","content":"#### 14 Action after investigation of complaints\n\n14 Action after investigation of complaints\n\n> > (1) If the Commissioner decides to investigate all or part of a complaint, the Commissioner must decide to—\n> > \n> > > (a) make a recommendation that the head of the agency alleged to have contravened the Charter—\n> > > \n> > > > (i) apologise to the victim of crime or immediate family member of the missing person, or\n> > > \n> > > > (ii) require staff of the government sector agency to undertake further training in relation to the Charter, or\n> > > \n> > > > (iii) review a policy or procedure of the government sector agency, or\n> > > \n> > > > (iv) give the victim of crime or immediate family member of the missing person information, or\n> > \n> > > (b) make another recommendation the Commissioner considers appropriate, or\n> > \n> > > (c) refer the complaint or part of the complaint to another entity if the Commissioner considers the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by that entity, or\n> > \n> > > (d) take no further action.\n> \n> > (2) As soon as practicable after making a decision under subsection (1), the Commissioner must give notice of the decision and the reasons for the decision to—\n> > \n> > > (a) the person who made the complaint, and\n> > \n> > > (b) the head of the agency the subject of the complaint.","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Appointment of Commissioner","content":"# Part 4 Appointment of Commissioner\n\nPart 4 Appointment of Commissioner","sortOrder":38},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of Victims of Crime Commissioner","content":"#### 15 Appointment of Victims of Crime Commissioner\n\n15 Appointment of Victims of Crime Commissioner\n\n> > (1) The Governor may appoint a Victims of Crime Commissioner.\n> \n> > (2) The Commissioner holds office for the term, not more than 5 years, specified in the Commissioner’s instrument of appointment, but is eligible for reappointment.\n> \n> > (3) A person is not eligible to be appointed for more than 2 terms of office as Commissioner, whether or not consecutive terms.\n> \n> > (4) The office of Commissioner is a full-time office and the holder of the office must hold the office on that basis, except to the extent permitted by the Minister.","sortOrder":39},{"sectionNumber":"16","sectionType":"section","heading":"Employment and remuneration","content":"#### 16 Employment and remuneration\n\n16 Employment and remuneration\n\n> > (1) The employment of the Commissioner must, subject to this Act, be governed by a contract of employment between the Commissioner and the Minister.\n> \n> > (2) The following provisions of, or made under, the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service senior executives (the relevant provisions) apply to the Commissioner—\n> > \n> > > (a) provisions relating to the band in which an executive must be employed,\n> > \n> > > (b) provisions relating to the contract of employment of an executive,\n> > \n> > > (c) provisions relating to the remuneration, employment benefits and allowances of an executive.\n> \n> > (3) For subsection (2), a reference in the relevant provisions to the employer of a Public Sector senior executive is taken to be a reference to the Minister.\n> \n> > (4) The office of Commissioner is a statutory office and the provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the office, except as provided by this section.","sortOrder":40},{"sectionNumber":"17","sectionType":"section","heading":"Vacancy in office","content":"#### 17 Vacancy in office\n\n17 Vacancy in office\n\n> > (1) The office of Commissioner becomes vacant if the Commissioner—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not reappointed, or\n> > \n> > > (c) resigns the office by written instrument addressed to the Minister, or\n> > \n> > > (d) is removed from office by the Governor under section 18, or\n> > \n> > > (e) becomes personally insolvent, or\n> > \n> > > (f) becomes a mentally incapacitated person, or\n> > \n> > > (g) is convicted—\n> > > \n> > > > (i) in New South Wales of an offence punishable by imprisonment for 12 months or more, or\n> > > \n> > > > (ii) elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or\n> > \n> > > (h) is imprisoned—\n> > > \n> > > > (i) in New South Wales in relation to a conviction for an offence, or\n> > > \n> > > > (ii) elsewhere than in New South Wales in relation to a conviction for an offence that, if committed in New South Wales, would be an offence punishable by imprisonment.\n> \n> > (2) If the office of Commissioner becomes vacant, a person must, subject to this Act, be appointed to fill the vacancy.","sortOrder":41},{"sectionNumber":"18","sectionType":"section","heading":"Removal from office","content":"#### 18 Removal from office\n\n18 Removal from office\n\n> > (1) The Governor may remove the Commissioner from office only for incompetence, incapacity or misbehaviour.\n> \n> > (2) The Commissioner must not be removed from office under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), Part 6.","sortOrder":42},{"sectionNumber":"19","sectionType":"section","heading":"Acting Commissioner","content":"#### 19 Acting Commissioner\n\n19 Acting Commissioner\n\n> > (1) The Minister may appoint a person to act as the Commissioner during—\n> > \n> > > (a) the illness or other absence of the Commissioner, or\n> > \n> > > (b) a vacancy in the office of Commissioner.\n> \n> > (2) The Minister may remove a person acting in the office of Commissioner.\n> \n> > (3) A person acting in the office of Commissioner is entitled to be paid the remuneration, including travelling and subsistence allowances, determined by the Minister.","sortOrder":43},{"sectionNumber":"20","sectionType":"section","heading":"Staff and related matters","content":"#### 20 Staff and related matters\n\n20 Staff and related matters\n\n> > (1) Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Commissioner to exercise the Commissioner’s functions.\n> > \n> > Note—\n> > \n> > The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 59 provides that the persons employed under this section, or whose services the Commissioner makes use of, may be referred to as officers or employees, or members of staff, of the Commissioner. The [Constitution Act 1902](/view/html/inforce/current/act-1902-032), section 47A precludes the Commissioner from employing staff.\n> \n> > (2) The Commissioner may—\n> > \n> > > (a) arrange for the use of the services of staff of a government sector agency, or\n> > \n> > > (b) arrange for the use of facilities of a government sector agency, or\n> > \n> > > (c) with the Minister’s approval, engage persons as consultants or contractors as necessary to enable the Commissioner to exercise the Commissioner’s functions.","sortOrder":44},{"sectionNumber":"21","sectionType":"section","heading":"Delegation","content":"#### 21 Delegation\n\n21 Delegation\n\n> The Commissioner may delegate any of the Commissioner’s functions, other than this power of delegation, to—\n> \n> > (a) a member of staff of the Commissioner, or\n> \n> > (b) a person of a class prescribed by the regulations.","sortOrder":45},{"sectionNumber":"Part 5","sectionType":"part","heading":"Functions of Commissioner","content":"# Part 5 Functions of Commissioner\n\nPart 5 Functions of Commissioner","sortOrder":46},{"sectionNumber":"22","sectionType":"section","heading":"Commissioner’s functions","content":"#### 22 Commissioner’s functions\n\n22 Commissioner’s functions\n\n> > (1) The Commissioner’s functions are as follows—\n> > \n> > > (a) to advocate for the rights of victims of crime at a systemic level,\n> > \n> > > (b) to identify and review systemic issues relating to victims of crime,\n> > \n> > > (c) to conduct and promote research into systemic issues relating to victims of crime,\n> > \n> > > (d) to consult victims of crime, community victims support groups and government sector agencies on systemic matters relating to victims of crime,\n> > \n> > > (e) to make recommendations to the Minister about systemic issues relating to victims of crime,\n> > \n> > > (f) other functions conferred or imposed on the Commissioner by this Act or another Act.\n> \n> > (2) The Commissioner has the following functions in relation to the Charter—\n> > \n> > > (a) to promote and oversee the implementation of the Charter, including by publishing codes, guidelines and other practical guidance on the implementation of the Charter,\n> > \n> > > (b) to make recommendations to assist agencies to improve their compliance with the Charter, including conducting training and recommending changes to policies and procedures,\n> > \n> > > (c) to—\n> > > \n> > > > (i) receive complaints from persons who, under section 10, may make complaints about alleged contraventions of the Charter, and\n> > > \n> > > > (ii) use the Commissioner’s best endeavours to resolve the complaints,\n> > \n> > > (d) to provide information and education to victims of crime about their rights under the Charter.\n> \n> > (3) A Minister or agency to whom a recommendation is made by the Commissioner in exercising the Commissioner’s functions must provide a written response to the Commissioner advising—\n> > \n> > > (a) whether or not the recommendation has been adopted, and\n> > \n> > > (b) if the recommendation has not been adopted—the reasons for the refusal or failure to adopt the recommendation.\n> \n> > (4) A response under subsection (3) must be provided by—\n> > \n> > > (a) the day that is 6 months after the recommendation is made, or\n> > \n> > > (b) the later day requested by the Minister or agency and agreed by the Commissioner.\n> \n> > (5) In exercising the Commissioner’s functions, the Commissioner must act independently and in the public interest.","sortOrder":47},{"sectionNumber":"23","sectionType":"section","heading":"Limitation on Commissioner’s functions","content":"#### 23 Limitation on Commissioner’s functions\n\n23 Limitation on Commissioner’s functions\n\n> > (1) The Commissioner’s functions do not include—\n> > \n> > > (a) advocating for individual victims of crime, or\n> > \n> > > (b) inquiring into individual decisions made in relation to victims of crime, including decisions about eligibility for support under the Scheme, or\n> > \n> > > (c) investigating a complaint about an alleged contravention of the Charter if the investigation would—\n> > > \n> > > > (i) prejudice criminal proceedings, or\n> > > \n> > > > (ii) prejudice the investigation of a criminal offence, or\n> > > \n> > > > (iii) result in interference with the exercise of the jurisdiction of a court or tribunal, or\n> > \n> > > (d) inquiring into or reviewing decisions involving the exercise of prosecutorial discretion.\n> \n> > (2) The Commissioner must liaise with the following persons and bodies to avoid the Commissioner’s functions being exercised in a way that duplicates the functions of the persons and bodies—\n> > \n> > > (a) the Anti-slavery Commissioner under the [Modern Slavery Act 2018](/view/html/inforce/current/act-2018-030),\n> > \n> > > (b) the Ageing and Disability Commissioner under the [Ageing and Disability Commissioner Act 2019](/view/html/inforce/current/act-2019-007),\n> > \n> > > (c) another person or body prescribed by the regulations.","sortOrder":48},{"sectionNumber":"24","sectionType":"section","heading":"Commissioner’s independence","content":"#### 24 Commissioner’s independence\n\n24 Commissioner’s independence\n\n> The Commissioner is not subject to the control and direction of the Minister in exercising the Commissioner’s functions under this Act.","sortOrder":49},{"sectionNumber":"25","sectionType":"section","heading":"Victims Advisory Committee","content":"#### 25 Victims Advisory Committee\n\n25 Victims Advisory Committee\n\n> > (1) The Commissioner must establish an advisory committee (the Victims Advisory Committee).\n> \n> > (2) The function of the Victims Advisory Committee is to provide a consultative body to advise the Commissioner, at the Commissioner’s request, about the exercise of the Commissioner’s advocacy functions.\n> \n> > (3) The Victims Advisory Committee consists of the following members—\n> > \n> > > (a) the Commissioner, who is the chairperson of the Committee,\n> > \n> > > (b) not more than 6 members (appointed members) of the general community, appointed by the Commissioner, who—\n> > > \n> > > > (i) reflect the diversity of the general community and includes—\n> > > > \n> > > > > (A) at least one person who is an Aboriginal person, and\n> > > > \n> > > > > (B) at least one person who is a person living with a disability, and\n> > > \n> > > > (ii) have relevant knowledge of and experience in matters relating to victims of crime or are victims of crime, including, for at least one member, relevant knowledge of and experience in matters relating to victims of domestic and family violence or victims of sexual violence crime,\n> > \n> > > (c) a member nominated by the Commissioner of Police to represent the NSW Police Force,\n> > \n> > > (d) a member nominated by the Director of Public Prosecutions to represent the Office of the Director of Public Prosecutions,\n> > \n> > > (e) a member nominated by the Chief Executive Officer of the Legal Aid Commission to represent the Commission,\n> > \n> > > (f) a member nominated by the Secretary of the department in which this Act is administered to represent the department,\n> > \n> > > (g) the Scheme Executive.\n> \n> > (4) An appointed member—\n> > \n> > > (a) holds office for 3 years, and\n> > \n> > > (b) is eligible for reappointment as a member.\n> \n> > (5) In this section—\n> > \n> > advocacy functions means the functions referred to in section 22(1)(a)–(e).","sortOrder":50},{"sectionNumber":"Part 6","sectionType":"part","heading":"Powers of Commissioner","content":"# Part 6 Powers of Commissioner\n\nPart 6 Powers of Commissioner","sortOrder":51},{"sectionNumber":"26","sectionType":"section","heading":"Definition","content":"#### 26 Definition\n\n26 Definition\n\n> In this part—\n> \n> information includes documents.","sortOrder":52},{"sectionNumber":"27","sectionType":"section","heading":"Powers of Commissioner to compel giving of information","content":"#### 27 Powers of Commissioner to compel giving of information\n\n27 Powers of Commissioner to compel giving of information\n\n> > (1) For the purposes of investigating an alleged contravention of the Charter, the Commissioner may, by written notice—\n> > \n> > > (a) require an agency to give the Commissioner information, or\n> > \n> > > (b) ask a person to give the Commissioner information.\n> \n> > (2) A notice under subsection (1)—\n> > \n> > > (a) for a notice under subsection (1)(a)—must specify a day on or before which the information must be given, and\n> > \n> > > (b) for a notice under subsection (1)(b)—may specify a day on or before which the information must be given.\n> \n> > (3) A person who gives the Commissioner information the person knows is false or misleading in a material particular is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—50 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) If documents are given to the Commissioner under this section, the Commissioner—\n> > \n> > > (a) may take possession of, and make copies of or take extracts from, the documents, and\n> > \n> > > (b) may keep possession of the documents for the period necessary for exercising the function, and\n> > \n> > > (c) during that period, must permit the documents to be inspected at all reasonable times by the persons who would be entitled to inspect the documents if the documents were not in the Commissioner’s possession.","sortOrder":53},{"sectionNumber":"28","sectionType":"section","heading":"Exemption from requirement to give information","content":"#### 28 Exemption from requirement to give information\n\n28 Exemption from requirement to give information\n\n> Despite section 27, an agency or person is not required to give information under that section if—\n> \n> > (a) there is an overriding public interest against disclosure of the information under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052) or if access to the information would otherwise be denied under that Act, or\n> \n> > (b) the information is subject to legal professional privilege, or\n> \n> > (c) the information is subject to an order made by a court or tribunal that prohibits or restricts the disclosure of information, by publication or otherwise, or\n> \n> > (d) giving the information would prejudice an ongoing criminal investigation or proceedings for a criminal offence, or\n> \n> > (e) giving the information would endanger a person’s life or physical safety.","sortOrder":54},{"sectionNumber":"29","sectionType":"section","heading":"Exchange of information with relevant agencies","content":"#### 29 Exchange of information with relevant agencies\n\n29 Exchange of information with relevant agencies\n\n> > (1) The Commissioner may give relevant information to a relevant agency to enable or assist the relevant agency to exercise the relevant agency’s functions.\n> \n> > (2) A relevant agency may give relevant information to the Commissioner to enable or assist the Commissioner’s exercise of the Commissioner’s functions.\n> \n> > (3) Without limiting subsection (1), the Commissioner may enter into an arrangement (an information sharing arrangement) with a relevant agency or the head of the relevant agency to share or exchange relevant information held by the Commissioner or the agency.\n> \n> > (4) The relevant information held by the Commissioner or a relevant agency that may be given under this section is limited to information about the following—\n> > \n> > > (a) a complaint about a contravention of the Charter made under this Act,\n> > \n> > > (b) matters relating to systemic issues relating to victims of crime,\n> > \n> > > (c) matters prescribed by the regulations.\n> \n> > (5) Under an information sharing arrangement, the Commissioner and the relevant agency are, despite another Act or law, authorised to—\n> > \n> > > (a) request and receive information held by the other party to the arrangement, and\n> > \n> > > (b) disclose information to the other party.\n> \n> > (6) Subsection (5) applies only to the extent the information is reasonably necessary to assist in the exercise of the functions of the Commissioner under this Act or the functions of the relevant agency.\n> \n> > (7) This section does not—\n> > \n> > > (a) require the Commissioner to give information to a relevant agency only in accordance with subsection (1), or with an information sharing arrangement, if the information may otherwise be lawfully given, or\n> > \n> > > (b) limit the operation of another Act or law under which a relevant agency is authorised or required to disclose information to another person or body.\n> \n> > (8) In this section—\n> > \n> > relevant agency means the following—\n> > \n> > > (a) a government sector agency,\n> > \n> > > (b) another entity prescribed by the regulations.","sortOrder":55},{"sectionNumber":"Part 7","sectionType":"part","heading":"Reporting","content":"# Part 7 Reporting\n\nPart 7 Reporting","sortOrder":56},{"sectionNumber":"30","sectionType":"section","heading":"Annual reports to Parliament","content":"#### 30 Annual reports to Parliament\n\n30 Annual reports to Parliament\n\n> > (1) The Commissioner must, by 31 October in each year—\n> > \n> > > (a) prepare a report (an annual report) on the activities of the Commissioner during the financial year ending on the previous 30 June, and\n> > \n> > > (b) give the report to the Minister.\n> \n> > (2) An annual report must include the following for the financial year to which the report relates—\n> > \n> > > (a) a description of the Commissioner’s activities in relation to each of the Commissioner’s functions,\n> > \n> > > (b) information about the number of—\n> > > \n> > > > (i) complaints made or referred to the Commissioner, and\n> > > \n> > > > (ii) complaints resolved by the Commissioner, and\n> > > \n> > > > (iii) complaints that have not been resolved by the Commissioner, other than complaints the Commissioner has refused to deal with, and\n> > > \n> > > > (iv) complaints the Commissioner has refused to deal with, and\n> > > \n> > > > (v) recommendations made under section 14(1)(a)–(c), and\n> > > \n> > > > (vi) decisions to take no further action under section 14(1)(d),\n> > \n> > > (c) information about recommendations made by the Commissioner to the Minister or agencies and the responses to the recommendations, including whether the recommendations have been adopted and the reasons for not adopting recommendations.\n> \n> > (3) The Minister must, within 14 days after receiving an annual report, give the report to the Presiding Officer of each House of Parliament.\n> \n> > (4) A copy of an annual report given to the Presiding Officer of a House of Parliament under subsection (3) must be laid before the House within 5 sitting days of the House after the report is received by the Presiding Officer.\n> \n> > (5) If an annual report includes a recommendation by the Commissioner that the report be made public immediately, the Presiding Officer of a House of Parliament may make the annual report public whether or not the House is in session and whether or not the report has been laid before the House.","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Special reports to Parliament and Minister","content":"#### 31 Special reports to Parliament and Minister\n\n31 Special reports to Parliament and Minister\n\n> > (1) The Commissioner may, on the Commissioner’s own initiative or at the request of the Minister—\n> > \n> > > (a) prepare a report (a special report) on a matter relating to the functions of the Commissioner, including the implementation of the Charter and contraventions of the Charter, and\n> > \n> > > (b) give the special report to the Minister.\n> \n> > (2) The Minister must, within 14 days after receiving a special report, give the report to the Presiding Officer of each House of Parliament.\n> \n> > (3) A copy of a special report given to the Presiding Officer of a House of Parliament under subsection (2) must be laid before the House within 5 sitting days of the House after the report is received by the Presiding Officer.\n> \n> > (4) If a special report includes a recommendation by the Commissioner that the report be made public immediately, the Presiding Officer of a House of Parliament may make the special report public whether or not the House is in session and whether or not the report has been laid before the House.","sortOrder":58},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Disclosure of information","content":"#### 32 Disclosure of information\n\n32 Disclosure of information\n\n> A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act, or\n> \n> > (c) for the purposes of legal proceedings arising out of this Act or a report of the proceedings, or\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with another lawful excuse.\n> \n> Maximum penalty—50 penalty units.","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Personal liability","content":"#### 33 Personal liability\n\n33 Personal liability\n\n> > (1) A matter or thing done or omitted to be done by any of the following persons does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject the person personally to any action, liability, claim or demand—\n> > \n> > > (a) the Commissioner,\n> > \n> > > (b) a member of staff of the Commissioner,\n> > \n> > > (c) a member of an advisory committee.\n> \n> > (2) However, the liability attaches instead to the Crown.","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Review of Act","content":"#### 34 Review of Act\n\n34 Review of Act\n\n> > (1) The Minister must review this Act to determine whether—\n> > \n> > > (a) the policy objectives of the Act remain valid, and\n> > \n> > > (b) the terms of the Act remain appropriate for achieving the objectives.\n> \n> > (2) The review must be undertaken as soon as practicable after the period of 3 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 4 years after the commencement of this Act.","sortOrder":62},{"sectionNumber":"35","sectionType":"section","heading":"Regulations","content":"#### 35 Regulations\n\n35 Regulations\n\n> The Governor may make regulations about a matter that is—\n> \n> > (a) required or permitted by this Act to be prescribed, or\n> \n> > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":63},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":64},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 2 Dictionary\n\nSchedule 2 Dictionary\n\nsection 4\n\nagency means—\n\n> (a) a government sector agency, or\n\n> (b) an entity funded by the State to provide support services to victims of crime.\n\nCharter means the Charter of Victims Rights comprising—\n\n> (a) the Charter of rights of victims of crime set out in section 6, and\n\n> (b) the Charter of rights of victims of crime who are victims of forensic patients set out in section 7.\n\nCommissioner means the Victims of Crime Commissioner.\n\nexercise a function includes perform a duty.\n\nfunction includes a power, authority or duty.\n\ngovernment sector agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n\ninformation, for Part 6—see section 26.\n\nrelevant victims register has the same meaning as in the Victims Support Act 2013.\n\nScheme has the same meaning as in the Victims Support Act 2013.\n\nScheme Executive has the same meaning as in the Victims Support Act 2013.\n\nvictim of crime—see section 5.\n\nVictims of Crime Commissioner means the person appointed under section 15.\n\nvictims rights agency has the same meaning as in the Victims Support Act 2013.","sortOrder":70},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Amendment of Victims Rights and Support Act 2013 No 37","content":"# Schedule 3 Amendment of Victims Rights and Support Act 2013 No 37\n\nSchedule 3 Amendment of [Victims Rights and Support Act 2013 No 37](/view/html/inforce/current/act-2013-037)","sortOrder":71},{"sectionNumber":"sch.3-sec.25-frag-pt","sectionType":"part","heading":"Provisions consequent on enactment of Victims Rights and Victims of Crime Commissioner Act 2025","content":"# sch.3-sec.25-frag-pt Provisions consequent on enactment of Victims Rights and Victims of Crime Commissioner Act 2025\n\nPart Provisions consequent on enactment of [Victims Rights and Victims of Crime Commissioner Act 2025](/view/html/inforce/current/act-2025-064)\n\nNote—\n\nSee also the [Victims Rights and Victims of Crime Commissioner Act 2025](/view/html/inforce/current/act-2025-064), Schedule 2, Part 2, which provides for additional savings and transitional matters consequent on the enactment of that Act.","sortOrder":98},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Amendment of other legislation","content":"# Schedule 4 Amendment of other legislation\n\nSchedule 4 Amendment of other legislation\n\n4.1 [Anti-Discrimination Act 1977 No 48](/view/html/inforce/current/act-1977-048)\n\n4.2 [Children and Young Persons (Care and Protection) Act 1998 No 157](/view/html/inforce/current/act-1998-157)\n\n4.3 [Children (Criminal Proceedings) Act 1987 No 55](/view/html/inforce/current/act-1987-055)\n\n4.4 [Civil and Administrative Tribunal Act 2013 No 2](/view/html/inforce/current/act-2013-002)\n\n4.5 [Civil Liability Act 2002 No 22](/view/html/inforce/current/act-2002-022)\n\n4.6 [Coroners Act 2009 No 41](/view/html/inforce/current/act-2009-041)\n\n4.7 [Crimes (Administration of Sentences) Act 1999 No 93](/view/html/inforce/current/act-1999-093)\n\n4.8 [Crimes (Appeal and Review) Act 2001 No 120](/view/html/inforce/current/act-2001-120)\n\n4.9 [Crimes (Sentencing Procedure) Act 1999 No 92](/view/html/inforce/current/act-1999-092)\n\n4.10 [Crimes (Sentencing Procedure) Regulation 2024](/view/html/inforce/current/sl-2024-0379)\n\n4.11 [Criminal Appeal Act 1912 No 16](/view/html/inforce/current/act-1912-016)\n\n4.12 [Criminal Assets Recovery Act 1990 No 23](/view/html/inforce/current/act-1990-023)\n\n4.13 [Criminal Procedure Act 1986 No 209](/view/html/inforce/current/act-1986-209)\n\n4.14 [Criminal Procedure Regulation 2017](/view/html/inforce/current/sl-2017-0437)\n\n4.15 [District Court Act 1973 No 9](/view/html/inforce/current/act-1973-009)\n\n4.16 [Fines Act 1996 No 99](/view/html/inforce/current/act-1996-099)\n\n4.17 [Government Information (Public Access) Act 2009 No 52](/view/html/inforce/current/act-2009-052)\n\n4.18 [Government Information (Public Access) Regulation 2018](/view/html/inforce/current/sl-2018-0510)\n\n4.19 [Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12](/view/html/inforce/current/act-2020-012)\n\n4.20 [Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021](/view/html/inforce/current/sl-2021-0117)\n\n4.21 [Residential Tenancies Act 2010 No 42](/view/html/inforce/current/act-2010-042)\n\n4.22 [Residential Tenancies Regulation 2019](/view/html/inforce/current/sl-2019-0629)\n\n4.23 [Terrorism (High Risk Offenders) Regulation 2024](/view/html/inforce/current/sl-2024-0387)\n\n4.24 [Victims Rights and Support Regulation 2019](/view/html/inforce/current/sl-2019-0398)","sortOrder":104},{"sectionNumber":"sch.4-ssch.4.1-sec","sectionType":"section","heading":"Section 111A Compensation to offenders in custody—payment to Victims Support Fund","content":"#### sch.4-ssch.4.1-sec Section 111A Compensation to offenders in custody—payment to Victims Support Fund\n\nSection 111A Compensation to offenders in custody—payment to Victims Support Fund\n\n> Omit “*Rights and*” from section 111A(2).","sortOrder":105},{"sectionNumber":"sch.4-ssch.4.2-sec","sectionType":"section","heading":"Section 29 Protection of persons who make reports or provide certain information","content":"#### sch.4-ssch.4.2-sec Section 29 Protection of persons who make reports or provide certain information\n\nSection 29 Protection of persons who make reports or provide certain information\n\n> Omit “*Rights and*” from section 29(1)(d)(iv).","sortOrder":106},{"sectionNumber":"sch.4-ssch.4.3-sec","sectionType":"section","heading":"Section 36 Compensation","content":"#### sch.4-ssch.4.3-sec Section 36 Compensation\n\nSection 36 Compensation\n\n> Omit “*Rights and*” from section 36(1).","sortOrder":107},{"sectionNumber":"sch.4-ssch.4.4-sec","sectionType":"section","heading":"Schedule 3 Administrative and Equal Opportunity Division","content":"#### sch.4-ssch.4.4-sec Schedule 3 Administrative and Equal Opportunity Division\n\nSchedule 3 Administrative and Equal Opportunity Division\n\n> Omit “*Rights and*” wherever occurring in clauses 3(1)(a), 13(c), 13B and 15(g).","sortOrder":108},{"sectionNumber":"sch.4-ssch.4.5-sec","sectionType":"section","heading":"Sections 3B(1)(h) and 26J(2), (3) and (3C)","content":"#### sch.4-ssch.4.5-sec Sections 3B(1)(h) and 26J(2), (3) and (3C)\n\nSections 3B(1)(h) and 26J(2), (3) and (3C)\n\n> Omit “*Rights and*” wherever occurring.","sortOrder":109},{"sectionNumber":"sch.4-ssch.4.6-sec","sectionType":"section","heading":"Section 101E Members of Team","content":"#### sch.4-ssch.4.6-sec Section 101E Members of Team\n\nSection 101E Members of Team\n\n> Omit section 101E(5)(b). Insert instead—\n> \n> > > (b) the Victims of Crime Commissioner appointed under the [Victims Rights and Victims of Crime Commissioner Act 2025](/view/html/inforce/current/act-2025-064),","sortOrder":110},{"sectionNumber":"sch.4-ssch.4.7-sec","sectionType":"section","heading":"Sections 138(1B), 141(3B) and 151(1B)","content":"#### sch.4-ssch.4.7-sec Sections 138(1B), 141(3B) and 151(1B)\n\nSections 138(1B), 141(3B) and 151(1B)\n\n> Omit “*Rights and*” wherever occurring.","sortOrder":111},{"sectionNumber":"sch.4-ssch.4.8-sec","sectionType":"section","heading":"Section 3 Definitions","content":"#### sch.4-ssch.4.8-sec Section 3 Definitions\n\nSection 3 Definitions\n\n> Omit “*Rights and*” from section 3(1), definition of sentence, paragraph (a)(iv).","sortOrder":112},{"sectionNumber":"sch.4-ssch.4.9-sec","sectionType":"section","heading":"Section 10 Dismissal of charges and conditional discharge of offender","content":"#### sch.4-ssch.4.9-sec Section 10 Dismissal of charges and conditional discharge of offender\n\nSection 10 Dismissal of charges and conditional discharge of offender\n\n> Omit “*Rights and*” from section 10(4)(b).","sortOrder":113},{"sectionNumber":"sch.4-ssch.4.10-sec","sectionType":"section","heading":"Section 11 Persons who may assist victim—the Act, s 30(4)","content":"#### sch.4-ssch.4.10-sec Section 11 Persons who may assist victim—the Act, s 30(4)\n\nSection 11 Persons who may assist victim—the Act, s 30(4)\n\n> Omit “*Rights and*” from section 11(5), definition of qualified person, paragraph (a).","sortOrder":114},{"sectionNumber":"sch.4-ssch.4.11-sec","sectionType":"section","heading":"Section 2 Definitions","content":"#### sch.4-ssch.4.11-sec Section 2 Definitions\n\nSection 2 Definitions\n\n> Omit “*Rights and*” from section 2(1), definition of Sentence, paragraph (f).","sortOrder":115},{"sectionNumber":"sch.4-ssch.4.12-sec","sectionType":"section","heading":"Section 32 Establishment and use of Proceeds Account","content":"#### sch.4-ssch.4.12-sec Section 32 Establishment and use of Proceeds Account\n\nSection 32 Establishment and use of Proceeds Account\n\n> Omit “*Rights and*” from section 32(3)(c).","sortOrder":116},{"sectionNumber":"sch.4-ssch.4.13-sec","sectionType":"section","heading":"Sections 306ZA(d) and 306ZK(1)(d)","content":"#### sch.4-ssch.4.13-sec Sections 306ZA(d) and 306ZK(1)(d)\n\nSections 306ZA(d) and 306ZK(1)(d)\n\n> Omit “*Rights and*” wherever occurring.","sortOrder":117},{"sectionNumber":"sch.4-ssch.4.14-sec","sectionType":"section","heading":"Clauses 32, definition of “victim” and 97(1), definition of “victim”","content":"#### sch.4-ssch.4.14-sec Clauses 32, definition of “victim” and 97(1), definition of “victim”\n\nClauses 32, definition of “victim” and 97(1), definition of “victim”\n\n> Omit “[Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037)” wherever occurring.\n> \n> Insert instead “[Victims Rights and Victims of Crime Commissioner Act 2025](/view/html/inforce/current/act-2025-064)”.","sortOrder":118},{"sectionNumber":"sch.4-ssch.4.15-sec","sectionType":"section","heading":"Section 171 Criminal procedure rules","content":"#### sch.4-ssch.4.15-sec Section 171 Criminal procedure rules\n\nSection 171 Criminal procedure rules\n\n> Omit “*Rights and*” from section 171(2)(j).","sortOrder":119},{"sectionNumber":"sch.4-ssch.4.18-sec","sectionType":"section","heading":"Schedule 3 Agencies declared to be part of other agencies","content":"#### sch.4-ssch.4.18-sec Schedule 3 Agencies declared to be part of other agencies\n\nSchedule 3 Agencies declared to be part of other agencies\n\n> Omit “Victims Advisory Board”. Insert instead “Victims Advisory Committee”.","sortOrder":125},{"sectionNumber":"sch.4-ssch.4.21-sec","sectionType":"section","heading":"Section 105A Definitions","content":"#### sch.4-ssch.4.21-sec Section 105A Definitions\n\nSection 105A Definitions\n\n> Omit “Commissioner of Victims Rights under the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037)” from the definition of competent person, paragraph (e).\n> \n> Insert instead “Scheme Executive under the Victims Support Act 2013”.","sortOrder":143},{"sectionNumber":"sch.4-ssch.4.23-sec","sectionType":"section","heading":"Schedule 2 Compellable persons","content":"#### sch.4-ssch.4.23-sec Schedule 2 Compellable persons\n\nSchedule 2 Compellable persons\n\n> Omit item 10. Insert instead—","sortOrder":147}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information (metadata only), there is no evidence that the scope changed from its original intent. The Act title clearly signals its dual purpose: establishing victims' rights and a Victims of Crime Commissioner role. Without access to the substantive provisions or explanatory memorandum, no scope drift can be identified."},"complexity_factors":["The full text of the Act's substantive provisions is not available in the provided extract — only metadata and status information is shown, limiting detailed analysis","The Act has not yet commenced, meaning its practical operation and interactions with other laws cannot be fully assessed","Legislation involving a Commissioner role typically includes procedural and administrative frameworks that can be moderately complex","Intersection with existing victims rights legislation and other NSW statutes (e.g., Crimes (Sentencing Procedure) Act, criminal procedure laws) would need to be assessed once provisions are accessible","Score is kept low because insufficient substantive content was provided to identify genuinely complex provisions"],"plain_english_summary":"This NSW Act creates a framework to strengthen victims’ rights and establishes an independent Victims of Crime Commissioner to oversee how victims are are treated by government and the justice system. It would affect crime victims, agencies that interact with them (police, courts, support services) and the Commissioner’s office. Important: none of the Act’s provisions have commenced yet — it exists on paper until a commencement date is proclaimed."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act reorganises functions previously linked to the Victims Rights and Support framework: it establishes a separate Victims of Crime Commissioner focused on systemic advocacy, Charter oversight, research and complaints handling (ss 15, 22), while many operational functions and responsibilities for victims support are confirmed as the Scheme Executive’s under consequential amendments (Schedule 3). Transitional provisions preserve existing approvals, reviews and orders and re‑assign earlier Commissioner actions to the Scheme Executive, shifting institutional responsibilities and interfaces (Schedule 1 Part 2; sch.3)."},"complexity_factors":["Creates a new independent statutory office with detailed appointment, tenure, removal and staffing rules (ss 15–21).","Introduces a broad Charter of rights that public agencies must 'have regard to' across administration of the State (s 6; s 8(1)–(2)).","Combines advisory, investigative and research powers with restrictions to avoid prejudicing prosecutions and duplicating other oversight bodies (ss 22–24; s 23(1)(c)).","Powers to compel information and documents with criminal penalties for false or misleading statements, plus multiple exemptions (ss 27–28).","Permits information‑sharing arrangements across agencies despite other laws, but limits scope to specified matter types (s 29).","Detailed reporting, transparency and response obligations on Ministers and agencies, including fixed response timelines (s 22(3)–(4); ss 30–31).","Extensive savings, transitional and consequential amendments to the Victims Support Act 2013 and many other statutes and regulations creating linkage and interpretation complexity (Schedule 3; Schedule 4).","Discretionary powers (e.g. recommendations, delegations, information sharing and authorisations) increase implementation variability and require administrative guidance (ss 21, 22(2)(a), 29).","Confidentiality, disclosure limits and personal‑liability protections create compliance burdens and legal risk management requirements for staff and agencies (ss 32–33)."],"plain_english_summary":"This Act establishes a statutory Charter of Victims Rights and creates a Victims of Crime Commissioner to promote and oversee the Charter, identify systemic issues, receive and (where appropriate) investigate complaints, make recommendations and compel information (ss 6, 15, 22, 27).  Agencies must have regard to the Charter and respond to Commissioner recommendations within six months; the Scheme Executive continues to operate the victims support Scheme under wide consequential amendments (ss 8, 22(3)–(4); Schedule 3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation significantly restructures the victims' rights framework in NSW. Originally, the Victims Rights and Support Act 2013 combined victims' rights advocacy, Charter oversight, and the administration of financial support schemes in one office (the Commissioner of Victims Rights). This Act splits these functions into two separate statutory offices: a Victims of Crime Commissioner focused on systemic advocacy and Charter enforcement, and a Scheme Executive focused on administrative support services. The scope has expanded to create a more robust, independent advocacy body while narrowing the administrative body's remit. Additionally, the Charter of Victims Rights has been enhanced with new provisions for forensic patients and stronger implementation mechanisms."},"complexity_factors":["Extensive cross-referencing to other Acts (Victims Rights and Support Act 2013, Government Sector Employment Act 2013, Modern Slavery Act 2018, Mental Health and Cognitive Impairment Forensic Provisions Act 2020, etc.)","Schedule 3 contains 25 separate amendment items to the Victims Rights and Support Act 2013, including complex transitional provisions","Schedule 4 amends 24 other pieces of legislation with various technical changes","Dual office structure (Commissioner vs Scheme Executive) requires careful parsing of which functions transferred where","Multiple exceptions and limitations on powers (e.g., s 23 excludes individual advocacy, prosecutorial discretion, and matters that would prejudice criminal proceedings)","Nested definitions and conditional logic in complaint handling (ss 12-14 with multiple grounds for declining complaints)","Complex transitional arrangements in Schedule 1 and Schedule 3 preserving existing complaints, applications, and appointments"],"plain_english_summary":"This legislation creates a new standalone **Victims Rights and Victims of Crime Commissioner Act 2025** for New South Wales. It does two main things:\n\n**1. Establishes a Charter of Victims Rights**\n- Sets out 18 specific rights for victims of crime, including:\n  - Being treated with courtesy, compassion and respect\n  - Being informed about services, investigation progress, and court proceedings\n  - Protection from contact with the accused and protection of identity\n  - Access to counselling and legal assistance\n  - The right to make a victim impact statement\n  - Information about bail, parole, and release of offenders\n- Creates additional rights for victims of forensic patients (people found not guilty due to mental illness)\n- Requires government agencies to have regard to the Charter when dealing with victims\n\n**2. Creates a new Victims of Crime Commissioner**\n- An independent statutory officer appointed by the Governor for up to 5 years (maximum 2 terms)\n- **Cannot** advocate for individual victims or investigate individual decisions\n- **Can**:\n  - Advocate for victims at a systemic level\n  - Receive and investigate complaints about breaches of the Charter\n  - Conduct research and make recommendations to government\n  - Issue codes and guidelines\n  - Compel agencies to provide information (with some exceptions)\n  - Report to Parliament annually and via special reports\n- Must establish a Victims Advisory Committee with diverse community representation\n\n**3. Restructures existing legislation**\n- The old **Victims Rights and Support Act 2013** is renamed the **Victims Support Act 2013**\n- The old \"Commissioner of Victims Rights\" becomes the \"Scheme Executive\" who focuses purely on administering the Victims Support Scheme (financial assistance, counselling, restitution orders)\n- The new Commissioner takes over the advocacy, Charter oversight and complaint-handling functions\n\n**Who it affects:**\n- Victims of crime in NSW (including family members of homicide victims and missing persons)\n- Government agencies dealing with victims (police, courts, corrections, health)\n- The new Commissioner and Scheme Executive\n\n**Why it matters:**\nThis splits the previous dual role of the Commissioner of Victims Rights into two separate offices. The new Commissioner focuses on systemic advocacy and Charter enforcement, while the Scheme Executive handles the administrative side of victim support services. This is designed to give victims stronger, clearer rights and an independent voice in government."}},"importantCases":[],"_links":{"self":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025","history":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025/history","analysis":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025/analysis","conflicts":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025/conflicts","importantCases":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025/important-cases","documents":"/api/acts/victims-rights-and-victims-of-crime-commissioner-act-2025/documents"}}