18GCommissioner to deal with victims rights concerns

18G Commissioner to deal with victims rights concerns (1) If a victim raises a victims rights concern about a justice agency with the commissioner— (a) the commissioner must— (i) give the victim information about the process that will be used for resolving the concern; and (ii) take all reasonable steps to resolve the concern as soon as practicable; and (b) the justice agency must, on request, give the commissioner any document or information that the justice agency could provide to the victim and which is reasonably required by the commissioner to resolve the concern. (2) However, a justice agency must not give the commissioner a document or information if— (a) the victim does not consent to the giving of the document or information; or (b) the director of public prosecutions considers that it would prejudice the prosecution of an offence. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (3) If the commissioner is unable to resolve a victims rights concern, the commissioner may, with the victim’s consent— (a) refer the concern to a relevant complaints entity; and (b) if the concern is referred under paragraph (a)—give the entity any information the commissioner has in relation to the concern.

Miscellaneous Division 3A.8 relevant complaints entity means any of the following entities: (a) the human rights commission; (b) the ombudsman; (c) the integrity commission; (d) any other entity authorised to investigate a complaint relating to the administration of justice.