Victims' Charter Act 2006

Definitions and scope. The Act relies on several statutory definitions that determine its scope. “Victim” is defined in s 3 to include a natural person who has suffered injury as a direct result of a criminal offence, including a family member of a deceased victim in some cases (s 3, definition of victim). The Act was amended to include, in specified circumstances, injury resulting from conduct by a child under 14 that would be an offence if committed by a person aged 14 or over (s 3(1)(ab); the same expansion applies to the separate but related concept “person adversely affected by crime”). The Act also defines investigatory agency, prosecuting agency, victims’ services agency, DPP and other institutional actors (s 3), so that the duties in Part 2 attach to a specific set of public actors and publicly funded entities.

Charter principles (Part 2, ss 6-17). The statutory “Charter principles” (defined in s 3) require agencies to treat victims and persons adversely affected by crime with courtesy, respect and dignity (s 6). Agencies are required to provide clear, timely and consistent information about support services and entitlements, and to refer where appropriate (s 7). The Act imposes duties on agencies to be responsive to specific vulnerabilities and needs (s 6(2), s 7B), including cultural, linguistic, disability and age considerations. It requires investigatory agencies to inform victims, at “reasonable intervals”, about the progress of investigations unless disclosure would jeopardise an investigation; where disclosure would jeopardise an investigation agencies must inform victims to the extent possible or explain that no information can be provided because of the ongoing nature of the investigation (s 8). The prosecuting agency has specified information duties (s 9) and the DPP has additional duties to advise on hearing dates and progress (s 9A), to seek victim views before certain prosecutorial decisions (s 9B), and to give reasons for certain decisions unless disclosure would jeopardise proceedings (s 9C).

Administrative and accountability mechanisms. The Act makes system‑level obligations: agencies must institute and operate complaint systems that are accessible, transparent and offer fair and reasonable remedies (s 19A). The Secretary must monitor and evaluate operation of the Act and promote the Charter principles (s 20). The Attorney‑General is required to cause annual reporting of steps taken and the operation of the Act in the Department’s report of operations (s 21), and to cause a review into victims’ experience in summary proceedings (s 21A). Section 22 contains a statutory limitation on rights: Parliament declares that it does not intend the Act to create legal rights or civil causes of action, or to affect the interpretation of other laws, although contraventions may still be the subject of disciplinary proceedings against officials (s 22).

Interaction with other statutes. The Act is designed to operate alongside other statutory regimes: it directs attention to the Sentencing Act 1991 for victim impact statements (s 13 note), the Corrections Act 1986/Serious Offenders Act 2018 for victim registers and offender information (s 17), the Privacy and Data Protection Act 2014 for disclosure of personal information (s 14), the Victims of Crime (Financial Assistance Scheme) Act 2022 for financial assistance (s 16(2)), and the Victims of Crime Commissioner Act 2015 for complaint review (ss 19A-19B note and s 21 note). The table of amendments records the incremental changes to the Act over time, which should be read with the text to understand current duties.

Standards and discretionary language. The Act mixes mandatory phrasing (“must”, s 8(1) as substituted; s 18(1) “must have regard to”) with softer or contextual phrases (“are to”, used across many provisions such as ss 6-7 and s 11(1); “so far as is reasonably practicable”, s 7A(b) and s 12). Time phrases such as “as soon as reasonably practicable” (ss 9, 9C(1), 13(1A)) and “reasonable intervals” (s 8(1)) are used repeatedly; the Act also permits exceptions where disclosure might jeopardise an investigation or proceeding (s 8(1)-(3), s 9C(3)). These drafting choices create legal obligations and administrative discretion that agencies must reconcile in practice.

Remedies and limits. The Act establishes administrative remedies (complaints systems, reporting, monitoring) rather than private enforcement. Section 22 expressly disclaims the creation of legal rights or civil actions, while preserving disciplinary exposure for officials. In practice this means victims’ entitlements under the Charter are operationalised through agency processes, referrals, information flows and cross‑statutory entitlements rather than a new private cause of action.

Directly affected parties. The primary persons affected are victims and persons adversely affected by crime, as defined in s 3. The definitions cover: (a) natural persons who suffered injury as a direct result of a criminal offence; (ab) natural persons injured by conduct engaged in by a child under 14 that would be an offence if committed by someone 14 or older (a 2024 amendment), (b) family members of those victims in specified circumstances, and (c) witnesses in certain cases (s 3). The statutory definition of “victim” also explicitly includes family members where a person has died as a direct result of a criminal offence, and provides special rules for victims who are minors or mentally incapable (s 3).

Agencies, officers and institutions. The Act places duties on three categories of state actors defined in s 3: investigatory agencies (police or other persons authorised to investigate offences), prosecuting agencies (the DPP, a police officer or other authorised prosecuting person), and victims’ services agencies (public entities established to provide services to persons adversely affected by crime, public officials responsible for such services, or publicly funded service providers). The DPP is separately defined and given particular duties (ss 9A-9C). The Secretary to the Department of Justice has monitoring and policy responsibilities (s 20), and the Attorney‑General has reporting and review duties (ss 21, 21A). Courts and tribunals are indirectly affected because the Charter requires prosecuting agencies to inform courts of victims’ preferences for special protections and to seek to minimise contact within court buildings (ss 11(2)(b), 12).

Who bears compliance costs. The statute assigns implementation tasks to public agencies. Investigatory agencies, prosecuting agencies and victims’ services agencies must provide information, make referrals, operate accessible complaints systems (s 19A) and take particular needs into account (s 6). The Secretary must develop policies and monitor operation (s 20). Those duties create administrative and resource burdens for agencies , staff training, information systems (to record “reasonable attempts” at contact, track victim preferences, produce timely updates under s 8 and s 9A), complaint handling infrastructure and reporting systems. The Act places no funding mechanism within its text; therefore the fiscal costs fall on the relevant departments and public agencies within existing budgets unless separate appropriations are made.

Indirect effects on accused, offenders and legal practitioners. The Act changes some information flows in prosecutions: victims are to be advised of charges and significant prosecutorial decisions (s 9), and the DPP must seek victims’ views on charge modification, discontinuance, plea negotiations, sentence indication opposition, appeals of sentence or acquittal (s 9B). Those duties do not create a veto but they create additional procedural steps the DPP must take and document, with potential operational consequences in fast-moving matters. Defence practitioners, judicial officers and court staff may see administrative effects from the Act’s requirement to minimise victim/accused contact and to accommodate special evidence arrangements (ss 11-12).

Victims’ services and third parties. Publicly funded victim support organisations fall within the definition of victims’ services agencies where they are publicly funded (s 3), which means they may be required to implement complaints systems and coordinate with prosecuting and investigatory agencies on referrals (s 7; s 19A(3)). Private legal practitioners advising victims must understand the Act’s administrative entitlements (notifications under ss 8-9, rights to prepare victim impact statements under s 13) and that the Act does not create new civil causes of action (s 22(1)(a)).

Geographical and demographic impacts. The Act expressly requires agencies to be “responsive to the particular needs of victims living in rural and regional locations” so far as reasonably practicable (s 7A(b)), and repeatedly requires sensitivity to cultural and linguistic diversity, disability and age (ss 6(2), 7B(c)). Implementation will therefore have differential cost and operational implications for agencies that serve dispersed populations and communities with limited access to services.

Core duties imposed on agencies. The Act imposes a set of practical, operational duties on investigatory agencies, prosecuting agencies and victims’ services agencies. These include:

• Treat victims and persons adversely affected by crime with courtesy, respect and dignity (s 6(1)). Agencies must take into account particular needs (race, indigenous background, sex or gender identity, cultural and linguistic diversity, sexual orientation, disability, religion, age) (s 6(2)).

• Provide clear, timely, consistent information about support services, possible entitlements and available legal assistance, and refer victims where appropriate (s 7).

• Consider victims’ communication preferences, whether victims wish to be contacted and issues affecting comprehension (including English proficiency, disabilities and whether the victim is a child) (s 7B).

• Investigatory agencies must inform victims, at reasonable intervals, about the progress of an investigation unless disclosure would jeopardise the investigation; where disclosure would jeopardise an investigation, inform to the extent possible or explain that no information can be given because of the investigation’s ongoing nature (s 8(1)-(3)).

• Prosecuting agencies must give victims, as soon as reasonably practicable, specified information about charges, charge modification or discontinuance, acceptance of guilty pleas to lesser charges, hearing logistics (if the prosecuting agency is not the DPP), the outcome of proceedings, and appellate steps (s 9).

DPP‑specific duties. The DPP has further obligations:

• Take all reasonable steps to advise victims of dates, times and locations of contested committals, trials, plea hearings, sentencing hearings and appeals, and to inform victims of the progress and outcomes of key stages of prosecution (s 9A).

• Seek victims’ views before making certain prosecutorial decisions: substantially modifying charges, discontinuing prosecutions, accepting guilty pleas to lesser charges, opposing an application for a sentence indication, appealing a sentence, or appealing an acquittal (s 9B(1); subparagraphs added and amended by later Acts). The DPP must also give victims information about factors taken into account in other prosecutorial decisions such as cross‑examination at committal, summary jurisdiction applications, and sentence indication opposition (s 9B(2)).

• Provide reasons for reasons for decisions referred to in s 9(c) (charge modification, discontinuance, acceptance of pleas to lesser charges) as soon as reasonably practicable, orally or in writing, except where disclosure may jeopardise an investigation or prejudice other proceedings (s 9C).

Court and courtroom duties. The Act imposes operational duties in the court context:

• Inform victims about the court process and the victim’s entitlement to attend (s 11(1)). If a victim is to appear as a witness, the prosecuting agency must inform the victim about the process, the victim’s role, the option to remain in court after giving evidence, and available special protections or alternative arrangements; the prosecuting agency must inform the court of the victim’s preferences regarding special protections (s 11(2)).

• Minimise unnecessary contact between victim and accused within court buildings and protect victims from intimidation so far as reasonably practicable (s 12).

Victim participation and remedies. The Act recognises and operationalises certain participatory rights:

• Victim impact statements: a victim “may” make a victim impact statement to sentencing courts and, unless the court orders otherwise, the statement may be considered in sentencing (s 13(1); prosecuting agencies must inform victims of this entitlement and refer victims seeking to prepare statements to victims’ services agencies) (s 13(1A)-(3)).

• Compensation and financial assistance: victims may apply to courts for compensation against convicted persons in accordance with the Sentencing Act 1991 (s 16(1)); eligible persons may apply to the State for financial assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022 (s 16(2)); prosecuting agencies must inform victims of possible entitlements under Divisions 1 and 2 of Part 4 of the Sentencing Act 1991 and refer to legal assistance (s 16(3)).

Information and privacy duties. The Act imposes restrictions and directions about victims’ personal information:

• A victim’s personal information, including address and telephone number, must not be disclosed except in accordance with the Privacy and Data Protection Act 2014 (s 14). The Act notes that the Privacy and Data Protection Act does not apply to courts’ judicial or quasi‑judicial functions (note to s 14).

Obligation to establish complaints systems and remedies. Agencies must operate complaints systems to receive and resolve complaints from victims about compliance with the Charter principles; those systems must be accessible, transparent and offer fair and reasonable remedies (s 19A(1)-(2)). Agencies dealing with victims must inform victims, as soon as reasonably practicable after commencing to deal with that victim, of the agency’s complaints system and the victim’s right to have a complaint reviewed under the Victims of Crime Commissioner Act 2015 (s 19A(3)).

Implementation duties and reporting. Agencies “must have regard to” the Charter principles when they are aware, or should reasonably be aware, that a person is a victim (s 18(1)). The Secretary must develop policies to promote the Charter principles, monitor and evaluate the Act’s operation, ensure complaints processes, and take additional actions the Secretary considers appropriate (s 20). The Attorney‑General must include reporting on steps to promote the Charter principles and the operation of the Act in the Department’s annual report of operations (s 21). The Attorney‑General must also cause a review focused on victims’ experience in summary proceedings (s 21A).

Limits on rights and enforcement. Section 22 expressly provides that the Act does not create legal rights or civil causes of action, does not affect interpretation of other laws and does not provide grounds for review of judicial or administrative acts. However, subsection (2) allows disciplinary proceedings against officials for contraventions. The statute therefore creates administrative and procedural duties rather than private civil remedies.

Absence of civil or criminal penalties in the Act. The Act does not create express civil causes of action or criminal penalties against agencies or officials for breaches of the Charter principles. Section 22(1)(a)-(c) states Parliament's intention that the Act not create legal rights or give rise to civil causes of action, not to affect the interpretation of other laws, and not to affect validity of judicial or administrative acts or omissions. Mechanically, the Act substitutes an administrative enforcement model rather than enabling private litigation for statutory breaches.

Administrative enforcement mechanisms. The Act provides administrative enforcement and accountability mechanisms:

• Agency complaints systems: Each investigatory agency, prosecuting agency and victims’ services agency is required to institute and operate a complaints system to receive and resolve complaints from victims about compliance with the Charter principles (s 19A(1)). Those systems must be accessible, transparent and offer fair and reasonable remedies (s 19A(2)). Agencies must inform victims they deal with about the complaints system and the victim’s right to review under the Victims of Crime Commissioner Act 2015 (s 19A(3)).

• Victims of Crime Commissioner review: The Act explicitly notes that a victim dissatisfied with an agency’s response may seek review under the Victims of Crime Commissioner Act 2015 (notes to ss 19A-19B and s 21 note). The Victims of Crime Commissioner has statutory powers under that separate Act to review complaints and report on systemic issues; the table of amendments and endnotes reference that interface.

• Secretary monitoring and policy role: The Secretary must develop policies and plans to promote the Charter principles, monitor and evaluate operation of the Act, ensure complaints processes exist, and take other actions the Secretary considers appropriate (s 20). That creates an administrative oversight loop that can identify systemic non‑compliance and trigger administrative responses.

• Reporting obligations: The Attorney‑General must ensure inclusion of steps taken to promote the Charter principles and a report on the Act’s operation in the Department’s annual report of operations (s 21). This public reporting requirement can create reputational and parliamentary accountability pressures on agencies and ministers.

Disciplinary exposure for officials. While the Act disclaims private civil rights, it preserves the possibility of disciplinary proceedings against relevant officials for contraventions (s 22(2)). The statute therefore channels enforcement through internal disciplinary frameworks and public oversight rather than civil litigation.

Discretion and exceptions that limit enforcement. Several provisions expressly qualify obligations where disclosure or action would jeopardise investigations or proceedings. For example, investigatory agencies need not provide details that would jeopardise an investigation; in such cases agencies must inform the victim to the extent possible without jeopardising the investigation or explain that no information can be given (s 8(1)-(3)). The DPP may decline to provide reasons for decisions under s 9C if disclosure would jeopardise an investigation or prejudice other proceedings (s 9C(3)). Time commitments are expressed as “as soon as reasonably practicable” and “reasonable intervals”, which import reasonableness standards and thereby limit strict enforcement to contexts where a tribunal or disciplinary body can review whether the standard was met.

Practical enforcement pathways. In practice enforcement is likely to follow these routes:

• Internal complaints to the relevant agency under s 19A, with remedies such as apology or explanation (s 19A(2) suggests fair remedies include apology and acknowledgement).

• Review or oversight by the Victims of Crime Commissioner under the Victims of Crime Commissioner Act 2015 where applicable.

• Administrative scrutiny and public reporting by the Secretary and Attorney‑General (ss 20-21), including parliamentary exposure through annual reports.

• Disciplinary proceedings against individual officials where a contravention is established (s 22(2)).

No criminal sanctioning provision. The Act contains no provision for criminal sanctions against agencies or officials for non‑compliance. Non‑compliance therefore carries reputational, administrative and disciplinary consequences rather than statutory fines or imprisonment.

Cross‑references and operational dependencies. The Act is designed to operate alongside a network of existing statutes that provide operational detail, powers or exceptions. It repeatedly cross‑refers to other laws, making the Charter principles partially procedural overlays on existing statutory regimes rather than standalone substantive law.

Key statutory intersections:

• Sentencing Act 1991: Victim impact statements are governed substantively by Division 1C of Part 3 of the Sentencing Act 1991; the Victims’ Charter confirms victims’ entitlement to prepare victim impact statements and requires prosecuting agencies to inform victims of that entitlement (s 13 and note). The Act also directs victims to statutory compensation pathways under Division 2 of Part 4 of the Sentencing Act (s 16(1), s 16(3)).

• Corrections Act 1986 and Serious Offenders Act 2018: The Act references the victims register regime under the Corrections Act 1986 (s 17(1) note) and, following later reforms, cross‑refers to the Serious Offenders Act 2018 for definitions of detention order and for victims’ submissions in post‑sentence processes (s 3 definitions and s 17(2)-(4); notes refer to sections in the Serious Sex Offenders Monitoring Act 2005 and the Serious Offenders Act 2018).

• Criminal Procedure Act 2009: The Act directs readers to special protections and alternative arrangements for giving evidence found in the Criminal Procedure Act 2009 (s 11 note). Prosecuting agencies must, where relevant, inform courts of victims’ preferences for protections (s 11(2)(b)).

• Privacy and Data Protection Act 2014: Victim personal information must not be disclosed except in accordance with the Privacy and Data Protection Act 2014 (s 14). The Act notes that that 2014 Act does not apply to court or registry staff performing judicial or quasi‑judicial functions (note to s 14), creating a specific interplay between privacy protection and judicial information flows.

• Victims of Crime (Financial Assistance Scheme) Act 2022: The Act incorporates the new financial assistance scheme, directing victims to the State scheme where eligible (s 16(2) inserted by the 2022 Act) and requiring prosecuting agencies to inform victims about entitlements and legal assistance (s 16(3)).

• Victims of Crime Commissioner Act 2015: The complaints framework under the Charter is linked to review under the Victims of Crime Commissioner Act 2015: victims dissatisfied with agency responses may seek review under that Act (s 19A(3) note, s 19B note).

Drafting hierarchies and limits. Section 22 restricts the Charter’s legal effect by declaring it is not intended to create legal rights or give rise to civil causes of action, and not to affect interpretation or validity of other laws (s 22(1)). This places the Charter principles at a lower legal intensity than statutes that create private enforcement rights. The Charter therefore functions as an administrative standard that must be given effect by agencies subject to other statutory constraints and exceptions.

Operational conflicts and coordination points. The Act creates explicit coordination points and potential tension with other laws:

• Privacy vs communication: s 14 requires compliance with the Privacy and Data Protection Act, yet s 9A and s 8 require proactive communication about progress and hearing dates. Agencies must therefore balance the duty to inform victims with privacy law constraints.

• Investigatory secrecy vs information obligations: Sections 8 and 9C permit non‑disclosure where disclosure would jeopardise investigations or proceedings. Agencies must document and justify non‑disclosure to defend against complaints under s 19A.

• Court procedures and special protections: The obligation to minimise victim contact in court buildings and to inform courts of victims’ protection preferences (ss 11-12) interfaces with court scheduling, security arrangements and witness management under the Criminal Procedure Act 2009.

Amendment law and temporal application. The Act’s table of amendments shows numerous Acts amended it over time (Justice Legislation Amendment Act 2008; Family Violence Protection Act 2008; Criminal Procedure Amendment Act 2009; Serious Sex Offenders Act 2009; Bail Amendment Acts; Sentencing Amendment (2011); Crimes Amendment (Grooming) Act 2014; Privacy and Data Protection Act 2014; Victims and Other Legislation Amendment Act 2018; Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022; Victims of Crime (Financial Assistance Scheme) Act 2022; Youth Justice Act 2024). Practitioners must consult the current consolidated text and those companion statutes for precise operational detail and transitional arrangements (see Pt 4 transitional provision s 24 for application of 2018 amendments).

Regulatory power. The Governor in Council may make regulations to give effect to the Act (s 23). Regulations could modify procedural requirements or impose more specific obligations on agencies; no specific regulations are set out in the Act itself.

Overview from the statute’s table. The Act has been amended repeatedly since assent in 2006. The Endnotes contain a table of amendments listing the amending Acts, assent dates and commencement dates for the amendments that alter the Victims’ Charter Act 2006. The most relevant changes identifiable in the table and reflected in the text are summarised below; reference the full table for exact commencement dates and specific schedule items.

Key amendment milestones recorded in the table:

• 2008: Justice Legislation Amendment Act 2008 (No. 21/2008) , commencement items noted; Family Violence Protection Act 2008 (No. 52/2008) added new definitions and amendments to reflect family violence concepts (s 267 amendments commenced 8.12.08).

• 2009-2010: Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 (No. 68/2009) and Serious Sex Offenders (Detention and Supervision) Act 2009 (No. 91/2009) effected definitional and consequential changes (commencing 1.1.10). These introduced or substituted definitions relevant to detention orders, supervision orders and related corrections regimes.

• 2010-2018: Bail Amendment Acts (2010, 2017) amended bail notification provisions (s 10(1)(b) amended by No. 70/2010). The Sentencing Amendment (Community Correction Reform) Act 2011 changed the note to s 13(1). Privacy and Data Protection Act 2014 (No. 60/2014) amended s 14 regarding victims’ personal information. Victoria Police Amendment Act 2014 and Crimes Amendment (Grooming) Act 2014 made further definitional and consequential changes.

• 2017-2018: Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017 and Serious Offenders Act 2018 (No. 27/2018) updated references to the Post Sentence Authority and detention/supervision orders. The Justice Legislation Amendment (Victims) Act 2018 and the Victims and Other Legislation Amendment Act 2018 (No. 42/2018) (commencement of many sections 4.11.19) introduced Part 4 (transitional provisions), inserted ss 7A, 7B, 9A, 9B, 9C, 13(1A), 18 (amendments and headings), 19A, 19B, 21A and other changes to strengthen victim communications and complaints architecture.

• 2022: Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 (No. 1/2022) inserted or amended provisions relating to sentence indications and DPP obligations (ss 116-117B commenced 16.2.22). Victims of Crime (Financial Assistance Scheme) Act 2022 (No. 21/2022) added s 16(2) referencing the State scheme (assent 7.6.22, parts commenced 18.11.24).

• 2024-2025: Youth Justice Act 2024 (No. 32/2024) made amendments expanding coverage to certain conduct by children under 14 and related objects and definitions; these commenced on 30.9.25 and are reflected in the consolidated text (see ss 846-851 and the associated edits to s 3 definitions and s 4 objects).

Textual consequences of amendments. The cumulative amendments produced several substantive changes in emphasis and duties:

• Expansion of defined persons affected to include injury from certain conduct by children under 14 (s 3 additions), and corresponding expansion of the objects (s 4(1)(ab)).

• Strengthening prosecutorial duties: insertion of ss 9A-9C requiring the DPP to take steps to inform victims of hearing dates and progress, to seek victims’ views before major prosecutorial decisions, and to give reasons for certain decisions.

• Enhanced complaints and oversight architecture: insertion of ss 19A and 19B requiring agency complaints systems and enabling victims to complain to agencies directly; linkage to Victims of Crime Commissioner review is added.

• Incorporation of the Victims of Crime (Financial Assistance Scheme) Act 2022 into the Act’s compensation and assistance framework (s 16(2)).

Transitional provision. Part 4 s 24 specifically provides that the amendments made by Part 2 of the Victims and Other Legislation Amendment Act 2018 apply in respect of persons who were victims immediately before commencement and who are victims on the day that Part commenced (s 24). This confirms retrospective application of procedural amendments to ongoing victim matters as of that commencement.

Practical implication for practitioners. The consolidated Act must be read with the table of amendments and the identified amending Acts where exact commencement timing, transitional provisions and schedule items might affect implementation or interpretation, particularly for matters ongoing during the commencement windows listed in the table.

No cases in this text. The statute’s endnotes and embedded notes do not list any judicial decisions construing the Victims’ Charter Act 2006. The Act itself contains an express parliamentary declaration that it is not intended to create legal rights or civil causes of action (s 22(1)(a)), which both reduces the likelihood of direct private enforcement litigation under the Act and channelises disputes into administrative and disciplinary processes.

Implication for judicial review and litigation. Because s 22(1) states that Parliament did not intend to create civil causes of action or provide grounds for review of judicial or administrative acts or omissions, the Act does not grant victims a new statutory cause of action for failure to comply with Charter principles. That does not mean there can be no litigation relating to victim treatment; for example, a victim might bring other common law or statutory claims under separate legal bases (not created by this Act) where available, or seek judicial review of public law decisions where established grounds for review exist independent of the Charter. The Act itself does not provide such a route. The Act does preserve the possibility of disciplinary proceedings against officials (s 22(2)), which is an administrative form of accountability rather than a litigative remedy.

Administrative review routes. The text emphasises administrative review and oversight: victims may complain to agencies under s 19B and have complaints reviewed under the Victims of Crime Commissioner Act 2015 as noted in ss 19A-19B. The Act also requires the Secretary to monitor operation (s 20) and the Attorney‑General to report and cause reviews (ss 21, 21A), which are administrative remediation pathways. Any litigation that has arisen concerning the Charter principles would therefore likely concern the adequacy of administrative procedures, or other statutes the Charter intersects with, rather than enforcement of the Charter directly.

Absence of reported cases in the Act. The consolidated text excerpt provided does not list any statutory case law citations or note judicial interpretations. Users seeking litigation outcomes or precedent about how courts have treated the Charter’s obligations must search judicial databases and decisions for cases that reference the Charter or its provisions; the Act itself does not supply litigation history.

No private cause of action. Section 22(1)(a) is explicit: the Act does not create a legal right or give rise to a civil cause of action. Practitioners should not assume that a statutory failure to follow a Charter principle provides a standalone basis for civil litigation, judicial review or relief. Instead, remedies are administrative , complaints systems, the Victims of Crime Commissioner review, reporting and disciplinary processes (ss 19A-19B, 20-21, 22(2)). Failing to recognise this is a common mistaken assumption.

“Must have regard to” vs hard obligations. The Act uses a mix of mandatory and advisory language. Some provisions impose clear mandatory duties , for example, investigatory agencies “are to inform a victim, at reasonable intervals” about investigation progress (s 8(1) as substituted), the DPP “is to take all reasonable steps” to advise victims about hearing dates and progress (s 9A), and agencies “must” have regard to the Charter principles when they are aware a person is a victim (s 18(1)). Other provisions use “are to” (ss 6-7, 11(1)) and “so far as is reasonably practicable” (ss 7A(b), 12), and express time standards as “as soon as reasonably practicable” (ss 9, 9C(1), 13(1A)). The practical result is a mixture of enforceable administrative duties and standards involving reasonableness; documenting compliance decisions will be important to defend against complaints.

Exceptions where disclosure may jeopardise investigations. Sections 8 and 9C allow agencies and the DPP to withhold information if disclosure may jeopardise an investigation or prejudice other proceedings. Agencies must either inform victims to the extent possible without jeopardising the investigation or explain that no information can be provided at that stage (s 8(2)-(3)). These exceptions are operationally significant: they require agencies to balance transparency duties with the imperative to protect investigatory integrity, and to document why non‑disclosure is necessary.

Vague temporal standards. The Act repeatedly uses “as soon as reasonably practicable” and “reasonable intervals”. These are fact‑sensitive standards that create compliance uncertainty. Agencies should establish internal policies with timing benchmarks and record “reasonable attempts” at contact (s 9B(3) anticipates inability to contact victims after all reasonable attempts). In disputes, reasonableness will be judged contextually.

Privacy and court exceptions. The privacy restriction in s 14 defers to the Privacy and Data Protection Act 2014, but the note highlights that that Act does not apply to the collection, holding or disclosure of information by a court or registry staff in relation to judicial or quasi‑judicial functions (note to s 14). Practitioners must therefore map which information flows are governed by privacy legislation and which are governed by court rules and judicial practice.

No statutory penalties. The Act contains no fines, injunction powers or criminal sanctions for non‑compliance. Enforcement is administrative and reputational, via complaints, the Victims of Crime Commissioner review, internal discipline and public reporting. If a client expects statutory damages or injunctive relief under the Charter, point them to s 22 and recommend exploring other legal bases for litigation or administrative review.

Scope changes with youth justice amendments. The Act was amended to cover certain conduct by children under 14 (s 3(1)(ab), s 4(1)(ab), s 5(2)). Practitioners working with youth matters must read those definitions carefully: the Act now recognises certain victims of conduct by very young children as persons adversely affected by crime, even where criminal responsibility differs under the Youth Justice Act 2024 (notes in ss 3 and 4 reference presumptions about ages under the Youth Justice Act 2024). This can create practical confusion between criminal responsibility thresholds and victims’ eligibility for Charter protections.

Complaint system quality standards. Section 19A requires agencies to institute and operate complaints systems that are accessible, transparent and offer fair and reasonable remedies. However, the Act does not prescribe minimum process standards, timeframes or independent oversight of agency complaints decisions beyond the referral to the Victims of Crime Commissioner Act 2015 for review. Agencies that implement weak or inaccessible complaints systems risk elevated complaints to the Commissioner or reputational and parliamentary scrutiny.

Interplay with prosecutorial discretion. The DPP must seek victims’ views on major prosecutorial decisions (s 9B). That duty does not give victims decision‑making power: the DPP retains prosecutorial discretion, and s 22 reiterates no new private legal rights. Expect claims of frustration or dissatisfaction from victims when their views are sought but do not influence outcomes. Documentation of how victims’ views were obtained and considered is therefore critical.

Resource and rural/regional capacity. The Act requires responsiveness to victims in rural and regional locations “so far as is reasonably practicable” (s 7A(b)). In practice, delivering timely information, referrals and court protections for dispersed or resource‑poor locations can be operationally challenging and require targeted resourcing and coordination with victims’ services agencies.

Operational checklist for agencies and practitioners. The Act places procedural and documentary obligations on agencies. The following compliance checklist translates statutory duties into discrete steps; each step cites the relevant provision and suggests a defensible implementation practice.

1. Identification and record of victim status

   • When an agency is aware or should reasonably be aware someone is a victim, record that status in case management systems (s 18(1)). Capture the date and facts supporting the determination, and whether the person has nominated a representative (s 5).

2. Communication preferences and comprehension

   • At first contact, ask the victim whether they wish to be contacted and record preferred methods of contact and any changes over time (s 7B(a)-(b)). Record issues affecting comprehension (English proficiency, disability, whether the victim is a child) (s 7B(c)(i)-(iii)). Update and flag in the file.

3. Information provision and referrals

   • Provide clear, timely and consistent information about support services, entitlements and legal assistance (s 7(a)). Use standardised information packs and referral pathways, and log referral actions in the file (s 7(b)). For victims seeking financial assistance, explain the Victims of Crime (Financial Assistance Scheme) (s 16(2)) and assistance options under the Sentencing Act (s 16(1)-(3)).

4. Progress updates on investigations

   • Investigatory agencies must inform victims at “reasonable intervals” about investigation progress unless disclosure would jeopardise the investigation (s 8(1)). Set internal guidelines for “reasonable intervals” (for example weekly/fortnightly/monthly depending on case type) and record the schedule and exceptions. If non‑disclosure is necessary, note the specific risk and inform the victim that no information can be provided at that stage (s 8(3)).

5. Prosecution notifications and DPP duties

   • Prosecuting agencies must give victims the information listed in s 9 as soon as reasonably practicable: charges, reasons for not charging, modifications, discontinuance, pleas to lesser charges, hearing logistics and outcomes. Where the DPP prosecutes, ensure the DPP’s obligations to advise on hearing dates and progress (s 9A), to seek victims’ views on major prosecutorial decisions (s 9B(1)), and to provide reasons (s 9C) are operationalised: create templates to capture victims’ views, an evidence log of “reasonable attempts” to contact, and standard forms for reasons that can be provided orally or in writing (s 9C(2)).

6. Documenting “reasonable attempts” and exceptions

   • If the DPP cannot contact a victim after “all reasonable attempts” or it is impractical because of the speed or nature of the proceeding, record the attempts and rationale (s 9B(3)). For any non‑disclosure under s 8 or s 9C(3), document the specific jeopardy or prejudice risk that justifies non‑disclosure.

7. Victim impact statements and sentencing information

   • Inform victims of their right to make victim impact statements as soon as practicable after commencing to deal with the victim (s 13(1A)). Refer victims requesting assistance to an appropriate victims’ services agency for help preparing statements and provide general information about types of material that may be considered inadmissible (s 13(2)-(3)). Maintain referral records.

8. Court process and minimising contact

   • Ensure prosecuting agencies inform victims about court process, entitlement to attend, and special protections; if victims are witnesses, explain their role, ability to remain in court, and special protections (s 11(1)-(2)). Coordinate with court registries to document victims’ protection preferences and implement practical measures to minimise victim/accused contact in court buildings (s 12).

9. Privacy compliance

   • Treat victim personal information in accordance with the Privacy and Data Protection Act 2014; limit disclosure to lawful channels and record consents or statutory exceptions (s 14). Be aware that court judicial functions may be excluded from the Privacy Act operation (note to s 14).

10. Handling and return of victim property

    • Store victim property lawfully, respectfully and securely; consult the victim and return property as soon as reasonably practicable where possible (s 15). Document chain of custody and consultation with the victim.

11. Complaint system design and operation

    • Establish an accessible, transparent complaints system offering fair and reasonable remedies (s 19A(1)-(2)). Draft clear complaint forms, publish process maps and timeline expectations, and train staff. Ensure every victim is informed of the complaints system and their right to have a complaint reviewed under the Victims of Crime Commissioner Act 2015 as soon as practicable after the agency begins to deal with the victim (s 19A(3)). Maintain audit trails of complaint handling.

12. Training and cultural competency

    • Provide training to frontline staff on the Charter principles (s 6), including how to take account of differences such as race, indigenous background, sex or gender identity, cultural and linguistic diversity, sexual orientation, disability, religion and age (s 6(2)). Require staff to follow documented scripts and checklists to ensure consistency.

13. Data, recordkeeping and reporting

    • Implement case management fields that capture victim nomination of representatives (s 5), contact preferences (s 7B), updates provided (s 8, s 9A), DPP reasons and consultations (s 9B-9C), and complaints. Provide data to the Secretary as required and prepare materials for the Attorney‑General’s annual report obligations (s 21).

14. Secretary and executive responsibilities

    • For Secretaries and agency heads, develop policies and plans to promote the Charter principles, monitor and evaluate operational compliance, ensure the complaint processes exist and function, and be prepared to include steps taken and a report on operation in annual reports (s 20-21). Maintain evidence of policy development and monitoring activities.

15. Special measures for rural/regional victims

    • Implement outreach and remote communication strategies for rural and regional victims consistent with the requirement to be responsive to their needs “so far as is reasonably practicable” (s 7A(b)). Document why certain services are or are not available to meet the “reasonably practicable” standard.

Templates and administrative tools to prepare

• Standard notification templates for charge updates, hearing dates, outcomes (s 9, 9A).
• “Victim contact log” templates recording attempts, dates, methods, and outcomes (s 9B(3), s 8).
• DPP consultation template to record views sought, how they were sought, and summary of victim input with rationale for final prosecutorial decision (ss 9B-9C).
• Complaint intake and resolution templates, an appeals/escalation checklist referencing review under the Victims of Crime Commissioner Act 2015 (s 19A).
• Privacy checklist linked to Privacy and Data Protection Act 2014 requirements (s 14).

Practical risk mitigation

• Document decision rationales when non‑disclosure or delay is chosen to justify the exercise of discretion under ss 8 and 9C.
• Adopt internal timing standards for “reasonable intervals” and “as soon as reasonably practicable” and review these against caseloads to ensure feasibility.
• Maintain robust training records and competency assessments to reduce disciplinary risk under s 22(2).

Who to consult and coordinate with

• Victims’ services agencies for assistance preparing victim impact statements and referrals (s 13(2)).
• The DPP’s victims liaison units to operationalise ss 9A-9C.
• Court registry personnel for courtroom protection measures and to reconcile privacy exceptions (s 11-12; note to s 14).
• The Victims of Crime Commissioner for complaint‑handling guidance and review pathways (ss 19A-19B notes).

Following these steps should operationalise the Charter principles and establish the documentary and procedural recordation necessary to respond to complaints, demonstrate compliance in oversight reviews and meet the reporting expectations in ss 20-21.