Victims of Crime Commissioner Act 2015 (Victoria)

This Act establishes an independent statutory office, the Victims of Crime Commissioner (the Commissioner), and a Victims of Crime Consultative Committee (the Committee), sets out their composition, functions, powers and procedural rules, and creates a complaints pathway for victims who consider that specified agencies have failed to comply with the Charter principles in the Victims' Charter Act 2006. Mechanically, the Act:

Creates the office of Commissioner and prescribes appointment, tenure, remuneration and removal processes (ss 6-12). The Governor in Council appoints the Commissioner on the Attorney‑General’s recommendation (s 7); terms are up to five years with one reappointment permitted (s 9).
Confers a set of advocacy, inquiry, reporting and advice functions on the Commissioner (s 13), and gives the Commissioner “all the powers necessary or convenient” to perform those functions (s 13(2)).
Requires the Secretary to provide staff and access to records necessary for the Commissioner’s functions (ss 16-18), and obliges the Secretary, Chief Commissioner of Police and Director of Public Prosecutions to provide assistance (s 17).
Grants the Commissioner statutory powers to require access to records held by the Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions, subject to specified refusal grounds that protect investigations, fair trials, legal professional privilege, confidential sources and safety (ss 18-20).
Establishes a complaints jurisdiction (Division 3A) by which a person who is a victim under the Victims' Charter Act 2006, and who has first complained to the relevant agency under the Charter (s 19B), may complain to the Commissioner about an agency’s compliance with Charter principles (s 25A). The Act sets timelines, procedures for assessment, investigation, referral and outcome recommendations (ss 25A-25K).

Version No. 006

Victims of Crime Commissioner Act 2015

No. 56 of 2015

Version incorporating amendments as at
10 February 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Objectives 3

5 Act binds the Crown 4

Part 2—Victims of Crime Commissioner 5

Division 1—Appointment, terms and conditions 5

6 Victims of Crime Commissioner 5

7 Appointment 5

8 Remuneration 5

9 Terms and conditions of appointment 5

10 Acting appointment 6

11 Vacancy and resignation 6

12 Removal from office 7

Division 2—Functions and powers 7

13 Functions and powers of the Commissioner 7

14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006 8

15 Authorised person 8

16 Staff to be provided 8

17 Assistance to be provided 9

18 Commissioner may require access to records from the Secretary 9

19 Commissioner may require access to records from the Chief Commissioner of Police 9

20 Commissioner may require access to records from the Director of Public Prosecutions 10

21 Confidentiality of identifying information 11

22 Commissioner not to prejudice legal proceedings or investigations 12

Division 3—Inquiries 13

23 Inquiries 13

24 Avoiding unnecessary duplication 14

25 Report of inquiry into systemic victim of crime matter 14

Division 3A—Complaints about compliance with the Charter principles 14

25A Making a complaint to the Commissioner 14

25B How to make a complaint 15

25C Time limit for making complaint 15

25D Withdrawal of complaint 16

25E Information relating to complaint to be provided 16

25F Preliminary assessment of complaint 16

25G Certain grounds on which Commissioner may decline to consider complaint 17

25H Commissioner may refer complaint 17

25I Investigation of a complaint 18

25J Outcome of investigation 19

25K Notice of investigation outcome 19

Division 4—Interaction with other agencies and referral of information 20

26 Referral of matter to the IBAC 20

27 Referral of matter to other persons 20

Division 5—Reporting 21

28 Annual report 21

29 Reports to the Attorney-General 21

29A Commissioner to review Victims' Charter Act 2006 22

30 Content of reports 22

Part 3—Victims of Crime Consultative Committee 24

Division 1—Establishment and functions 24

31 Establishment of Victims of Crime Consultative Committee 24

32 Functions of the Committee 24

Division 2—Chairperson 25

33 Appointment of Chairperson 25

34 Terms of appointment of Chairperson 25

35 Vacancy and resignation of Chairperson 25

36 Removal from office of Chairperson 26

37 Acting Chairperson 26

Division 3—Membership and procedure 26

38 Membership of the Committee 26

39 Members who are victims of crime 28

40 Member representing victim of crime services organisation 28

41 Appointed additional member 28

42 Terms and conditions of appointment of member 29

43 Cessation of appointment as member of the Committee 29

44 Acting member of the Committee 30

Division 4—Proceedings of the Committee and conduct of members 30

45 Proceedings of the Committee 30

46 Confidentiality of the Committee 30

Part 4—General 32

47 Regulations 32

Part 5—Transitional provisions 33

48 Transitional provision—Victims and Other Legislation Amendment Act 2018 33

49 Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 33

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Endnotes 35

1 General information 35

2 Table of Amendments 37

3 Explanatory details 38

Version No. 006

Victims of Crime Commissioner Act 2015

No. 56 of 2015

Version incorporating amendments as at
10 February 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish the office of the Victims of Crime Commissioner and to provide for the functions, powers and duties of the office; and

(b) to establish the Victims of Crime Consultative Committee and to provide for the functions of the Committee.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of agency inserted by No. 42/2018 s. 17.

agency means an investigatory agency, a prosecuting agency or a victims' services agency within the meaning of section 3(1) of the Victims' Charter Act 2006;

authorised person means a person authorised by the Commissioner under section 15;

Chairperson means the person appointed as Chairperson of the Victims of Crime Consultative Committee under section 33;

S. 3 def. of Charter principles inserted by No. 42/2018 s. 17.

Charter principles has the same meaning as in section 3(1) of the Victims' Charter Act 2006;

Commissioner means the Victims of Crime Commissioner appointed under section 7;

Committee means the Victims of Crime Consultative Committee established under section 31;

corrupt conduct has the same meaning as in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

identifying information means information about a person whose identity is apparent, or can reasonably be ascertained, from the information;

S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 40.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3 def. of Secretary amended by No. 35/2020 s. 17.

Secretary means the Secretary to the Department of Justice and Community Safety;

S. 3 def. of victim of crime substituted by No. 21/2022 s. 86, amended by No. 31/2024 s. 113(Sch. 1 item 40.1(b)).

victim of crime means—

(a) a victim as defined in section 3(1) of the Victims of Crime Assistance Act 1996; or

(b) a victim as defined in section 3(1) of the Victims of Crime (Financial Assistance Scheme) Act 2022; or

S. 3 def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 40.1(c)).

4 Objectives

The objectives of this Act are—

(a) to promote the recognition of victims of crime in the justice system; and

(b) to provide for the representation of the concerns of victims of crime in the decision making of government; and

5 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—Victims of Crime Commissioner

Division 1—Appointment, terms and conditions

6 Victims of Crime Commissioner

There is to be a Victims of Crime Commissioner.

7 Appointment

(1) Subject to subsection (2), the Governor in Council, on the recommendation of the Attorney‑General, may by instrument appoint a person as Commissioner.

(2) A person is not eligible for appointment as Commissioner if the person is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a Territory.

8 Remuneration

The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.

9 Terms and conditions of appointment

(1) The Commissioner—

(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible to be reappointed for one further period not exceeding 5 years; and

(2) The Commissioner must not, directly or indirectly, engage in paid employment outside of the office of the Commissioner.

(3) The Commissioner is not, in respect of the office of Commissioner, subject to the Public Administration Act 2004.

10 Acting appointment

(1) The Governor in Council, on the recommendation of the Attorney-General, may appoint a person to act as the Commissioner—

(a) during a vacancy in the office of the Commissioner; or

(b) during any period when—

(i) the Commissioner is absent; or

(ii) the Commissioner is for any other reason unable to perform the duties of the office.

(2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.

(3) A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the Commissioner.

(4) A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council.

(5) A person acting as the Commissioner is not, in respect of that office, subject to the Public Administration Act 2004.

(6) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.

(7) The Governor in Council may revoke an appointment under subsection (1) at any time.

11 Vacancy and resignation

The Commissioner ceases to hold office if the Commissioner—

(a) resigns by notice given to the Governor in Council; or

(b) becomes insolvent under administration; or

(i) an indictable offence; or

(ii) an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed from office under section 12.

12 Removal from office

The Governor in Council may remove the Commissioner from office at any time on the recommendation of the Attorney-General.

Division 2—Functions and powers

13 Functions and powers of the Commissioner

(1) The Commissioner has the following functions—

(a) to advocate for the recognition, inclusion, participation and respect of victims of crime by government departments, bodies responsible for conducting public prosecutions and Victoria Police;

(b) to carry out inquiries on systemic victim of crime matters;

S. 13(1)(d) amended by No. 42/2018 s. 18(a).

(d) to provide advice to the Attorney-General and government departments and agencies regarding improvements to the justice system to meet the needs of victims of crime;

S. 13(1)(e) inserted by No. 42/2018 s. 18(b), substituted by No. 21/2022 s. 87.

(e) to receive and deal with complaints under Division 3A;

S. 13(1)(f) inserted by No. 21/2022 s. 87.

(f) to make annual and other reports under Division 5;

S. 13(1)(g) inserted by No. 21/2022 s. 87.

(g) to perform any other functions conferred on the Commissioner by or under this or any other Act.

(2) The Commissioner has all the powers that are necessary or convenient to perform the functions of the Commissioner under this Act.

14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006

In the performance of a function or the exercise of a power under this Act the Commissioner must have regard to—

(a) the objectives of this Act; and

(b) the Victims' Charter Act 2006.

15 Authorised person

(1) The Commissioner may authorise any person to assist the Commissioner in performing a function.

(2) An authorisation may be general or limited to a specific function of the Commissioner.

(3) The Commissioner must not authorise a person under this section unless the Commissioner is satisfied that the person is appropriately qualified or has successfully completed appropriate training.

16 Staff to be provided

(1) The Secretary must ensure that the Commissioner is provided with any employees that are necessary to assist the Commissioner in performing the Commissioner's functions.

(2) An employee provided by the Secretary under subsection (1) must be employed under Part 3 of the Public Administration Act 2004.

17 Assistance to be provided

The Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions must ensure that the Commissioner or an authorised person is provided with any assistance in connection with the reasonable performance of the Commissioner's functions that the Commissioner or the authorised person reasonably requires.

S. 18 amended by No. 42/2018 s. 19.

18 Commissioner may require access to records from the Secretary

The Secretary must give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions under section 23 and Division 3A.

19 Commissioner may require access to records from the Chief Commissioner of Police

(1) The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.

(2) Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Commissioner under this section.

(3) The Chief Commissioner of Police may refuse to comply with a requirement of the Commissioner under this section if the Chief Commissioner of Police considers that giving access to a record would, or would be reasonably likely to—

(a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

(b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or

(c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or

(d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.

(4) Section 19 of the Victoria Police Act 2013 does not apply to a duty or discretion of the Chief Commissioner of Police under this section.

(5) A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise a duty of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police.

20 Commissioner may require access to records from the Director of Public Prosecutions

(1) The Commissioner may require the Director of Public Prosecutions to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.

(2) Subject to subsection (3), the Director of Public Prosecutions must comply with a requirement of the Commissioner under this section.

(3) The Director of Public Prosecutions may refuse to comply with a requirement of the Commissioner under this section if the Director of Public Prosecutions considers that giving access to that record would, or would be reasonably likely to—

(a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

(b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or

(c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or

(d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

21 Confidentiality of identifying information

(1) Subject to subsection (2), a person must not knowingly disclose any identifying information obtained in the course of the performance of a function or the exercise of a power of the Commissioner.

Penalty: 120 penalty units

(2) A person may disclose identifying information obtained as a result of the person performing a function or exercising a power of the Commissioner in the following circumstances—

(a) if the disclosure is reasonably necessary for the person to perform a function or to exercise a power of the Commissioner;

(b) if the disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court or tribunal;

(c) if the disclosure is reasonably necessary for the purpose of the administration or enforcement of an order of a court or tribunal;

(d) if the disclosure is to a legal practitioner for the purpose of obtaining legal advice or representation;

(e) if the disclosure is authorised in writing by the person to whom the identifying information relates;

(f) if the disclosure is required or authorised by or under this Act or any other Act.

22 Commissioner not to prejudice legal proceedings or investigations

(1) The Commissioner must not perform a function or exercise a power in a manner that would prejudice—

(a) any criminal proceeding or criminal investigation; or

(b) any civil proceeding; or

S. 22(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 40.2).

(d) any proceeding in the Family Division of the Children's Court; or

(e) any proceeding in the Coroner's Court; or

(f) any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(g) any proceeding under Part 7 of the Victoria Police Act 2013.

(2) For the purposes of ensuring compliance with subsection (1), the Commissioner may consult any of the following—

(a) the State Coroner;

(b) the Chief Commissioner of Police;

(d) the Commissioner of the IBAC;

(e) the principal registrar of the Victims of Crime Assistance Tribunal.

Division 3—Inquiries

23 Inquiries

(1) The Commissioner may carry out an inquiry on any systemic victim of crime matter.

(2) The Commissioner may carry out the inquiry—

(a) if requested to do so by any person; or

(b) on the Commissioner's own motion.

(3) A person making a request under subsection (2)(a) does not need to be a victim of crime.

24 Avoiding unnecessary duplication

It is the intention of Parliament that the Commissioner in carrying out an inquiry should liaise with other investigative authorities, official bodies and statutory officers—

(a) to avoid unnecessary duplication of inquiries; and

(b) to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers.

25 Report of inquiry into systemic victim of crime matter

(1) The Commissioner may provide the Attorney-General with a report of an inquiry conducted by the Commissioner into a systemic victim of crime matter.

(2) The Attorney-General on being provided with the report under subsection (1) may, with the agreement of the Commissioner—

(a) publish the report; or

(b) cause the report to be tabled in each House of Parliament.

Pt 2 Div. 3A (Heading and ss 25A–25K) inserted by No. 42/2018 s. 20.

Division 3A—Complaints about compliance with the Charter principles

S. 25A inserted by No. 42/2018 s. 20.

25A Making a complaint to the Commissioner

A person may make a complaint to the Commissioner in relation to an agency's compliance with the Charter principles if the person—

(a) is a victim within the meaning of the Victims' Charter Act 2006; and

(b) has first made a complaint to the agency under section 19B of the Victims' Charter Act 2006 and is dissatisfied with the agency's response to that complaint.

S. 25B inserted by No. 42/2018 s. 20.

25B How to make a complaint

(1) Subject to subsection (2), a complaint may be made either orally or in writing.

Note

A complaint may be made by an electronic communication within the meaning of section 3(1) of the Electronic Transactions (Victoria) Act 2000.

(2) A person who makes an oral complaint must confirm the complaint in writing as soon as practicable.

(3) The Commissioner must take all reasonable steps to assist a person who has made an oral complaint to confirm that complaint in writing.

S. 25C inserted by No. 42/2018 s. 20.

25C Time limit for making complaint

(1) Subject to subsection (2), a complaint must be made—

(a) in the case of a complaint that concerns the failure by an agency to provide information or a document, not more than 12 months after the information or document was first sought by the person; or

(b) in any other case, not more than 12 months after the matter that is the subject of the complaint occurred.

(2) The Commissioner may accept a complaint made at a later time if the Commissioner is satisfied that there is a good reason for the delay by the person making the complaint.

S. 25D inserted by No. 42/2018 s. 20.

25D Withdrawal of complaint

(1) A person who has made a complaint may withdraw the complaint at any time in writing.

(2) The Commissioner must take reasonable steps to assist a person to withdraw a complaint in writing.

S. 25E inserted by No. 42/2018 s. 20.

25E Information relating to complaint to be provided

The Commissioner may by written notice to the person who has made a complaint or the agency that is the subject of the person's complaint—

(a) request specified information relating to the complaint; and

(b) specify the time by which such information must be given to the Commissioner.

S. 25F inserted by No. 42/2018 s. 20.

25F Preliminary assessment of complaint

(1) The Commissioner must, as soon as practicable but no later than 28 days after receiving a complaint—

(a) agree to consider the complaint; or

(b) decline to consider the complaint.

(2) The Commissioner must, not more than 14 days after agreeing to consider a complaint, give written notice of that decision and the particulars of the complaint to—

(a) the person who made the complaint; and

(b) the agency that is the subject of the complaint.

(3) The Commissioner must, not more than 14 days after declining to consider a complaint, give written notice of that decision to the person who made the complaint.

S. 25G inserted by No. 42/2018 s. 20.

25G Certain grounds on which Commissioner may decline to consider complaint

The Commissioner may decline to consider a complaint if—

(a) the agency has not finalised its investigation of the complaint; or

(b) the Commissioner refers the matter to—

(i) the IBAC under section 26; or

(ii) another person under section 27; or

(iii) any other body, organisation, agency or entity under section 25H; or

(c) the complaint forms the basis of an investigation currently being conducted by another body, organisation, agency or entity; or

(d) the Commissioner is satisfied that the complaint—

(i) is frivolous, vexatious, misconceived, lacking in substance, or otherwise does not warrant action; or

(ii) is not made in good faith; or

(iii) is made for an improper purpose; or

(e) in the circumstances, the Commissioner is satisfied that it is appropriate to do so.

S. 25H inserted by No. 42/2018 s. 20.

25H Commissioner may refer complaint

(1) The Commissioner may refer a complaint or part of a complaint to another body, organisation, agency or entity if the complaint raises issues that the Commissioner is satisfied would be more appropriately dealt with by that other body, organisation, agency or entity.

(2) The Commissioner must, not more than 14 days after referring a complaint or part of a complaint to another body, organisation, agency or entity, give written notice of that decision to—

(a) the person who made the complaint; and

(b) the agency that is the subject of the complaint.

S. 25I inserted by No. 42/2018 s. 20.

25I Investigation of a complaint

(1) If the Commissioner agrees to consider a complaint, the Commissioner must investigate the complaint.

(2) The Commissioner may—

(a) review any findings, recommendations, determinations or other decisions of the agency in relation to the complaint; and

(b) consider the agency's response to the complaint*,* processes for dealing with complaints, and compliance with the Victims' Charter Act 2006 and Charter principles.

(3) For the avoidance of doubt, the Commissioner must not, in investigating a complaint—

(a) review a decision involving the exercise of prosecutorial discretion; or

Examples

1 A decision to discontinue a prosecution.

2 A decision to accept a guilty plea in relation to particular charges.

(b) intervene in a way that prejudices a proceeding for a criminal offence or the investigation of a criminal offence; or

S. 25J inserted by No. 42/2018 s. 20.

25J Outcome of investigation

(1) The Commissioner may, after investigating a complaint, recommend to the agency that is the subject of the complaint that it take any of the following actions—

(a) an apology, explanation or facilitated meeting;

(b) additional training;

(d) the provision of information.

(2) The Commissioner must not, in making a recommendation under subsection (1)—

(a) require or direct any party to the complaint to do any act or thing; or

(b) make a determination that is binding on any party to the complaint.

S. 25K inserted by No. 42/2018 s. 20.

25K Notice of investigation outcome

(1) The Commissioner must, not more than 14 days after completing an investigation, give written notice of the outcome of the investigation to—

(a) the person who made the complaint; and

(b) the agency that is the subject of the complaint.

(2) The notice under subsection (1) must include—

(a) the reasons for any decision by the Commissioner to uphold or dismiss the complaint or any part of the complaint; and

(b) any recommendations made by the Commissioner under section 25J(1).

Division 4—Interaction with other agencies and referral of information

26 Referral of matter to the IBAC

(1) The Commissioner may refer to the IBAC any matter that the Commissioner has become aware of in the course of the exercise of the functions of the Commissioner under this Act, that the Commissioner believes is relevant to the performance of the IBAC's functions.

(2) The Commissioner must refer to the IBAC a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner that the Commissioner reasonably believes is corrupt conduct.

27 Referral of matter to other persons

(1) Subject to subsection (2), the Commissioner may refer a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner to the following persons—

(a) the Director of Public Prosecutions;

(b) the Chief Commissioner of Police;

S. 27(1)(ba) inserted by No. 42/2018 s. 21.

(ba) the Victorian Legal Services Commissioner appointed under the Legal Profession Uniform Law Application Act 2014;

(2) The Commissioner must not refer a matter under subsection (1) unless the Commissioner believes it is appropriate to refer the matter to that person.

Division 5—Reporting

28 Annual report

S. 28(1) amended by No. 21/2022 s. 88.

(1) The Commissioner must make a report by 30 November in each year on the performance of functions and the exercise of the powers of the Commissioner under this Act during the financial year ending on the immediately preceding 30 June.

S. 28(1A) inserted by No. 42/2018 s. 22.

(1A) A report made under subsection (1) must include the following—

(a) information about prescribed agencies' compliance with the Victims' Charter Act 2006 in that year;

(b) the number, type and outcome of complaints made to, and processed by, the Commissioner in that year about prescribed agencies' compliance with the Charter principles.

(2) The Commissioner must give a report made under subsection (1) to the Attorney-General.

(3) The Attorney-General must cause a copy of a report made under subsection (1) to be laid before each House of Parliament within 10 sitting days of that House after the report has been given to the Attorney-General.

29 Reports to the Attorney-General

(1) The Commissioner may report to the Attorney-General any matter relating to the performance of the Commissioner's functions.

(2) The Attorney-General may cause a copy of a report referred to in subsection (1) to be laid before each House of Parliament.

S. 29A inserted by No. 42/2018 s. 23.

29A Commissioner to review Victims' Charter Act 2006

(1) By no later than 4 November 2024, the Commissioner must commence a review of the operation of the Victims' Charter Act 2006 and its benefits for victims (within the meaning of that Act).

(2) The Commissioner must give a report of the review to the Attorney-General on or before 7 September 2025.

(3) The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of receiving that report.

30 Content of reports

S. 30(1) amended by No. 42/2018 s. 24.

(1) Subject to subsection (2), the Commissioner may include identifying information in a report under section 25, 28, 29 or 29A if the person to whom the information relates has given written consent.

S. 30(2) amended by No. 42/2018 s. 24.

(2) The Commissioner must not include in a report under section 25, 28, 29 or 29A any information (whether or not it is identifying information) that the Commissioner considers would prejudice—

(a) any criminal proceeding or criminal investigation; or

(b) any civil proceeding; or

S. 30(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 40.3).

(d) any proceeding in the Family Division of the Children's Court; or

(e) any proceeding in the Coroners Court; or

(f) any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(g) any proceeding under Part 7 of the Victoria Police Act 2013.

Part 3—Victims of Crime Consultative Committee

Division 1—Establishment and functions

31 Establishment of Victims of Crime Consultative Committee

The Victims of Crime Consultative Committee is established.

32 Functions of the Committee

(1) The Committee has the following functions—

(a) to provide a forum for victims of crime, justice agencies and victim of crime services to discuss improvements to policies, practices and service delivery in respect of victim of crime issues and victim of crime support services;

(b) to provide advice to the Attorney-General regarding policies, practices and reforms in respect of victim of crime issues and victim of crime support services;

(d) to provide advice on a matter referred to the Committee by the Attorney-General.

(2) The Committee must have regard to and act in a manner consistent with the principles of the Victims' Charter Act 2006.

Division 2—Chairperson

33 Appointment of Chairperson

(1) On the recommendation of the Attorney-General, the Governor in Council may by instrument appoint an eligible person to be Chairperson of the Committee.

(2) A person is not eligible for appointment as Chairperson if the person is a member of the Parliament of Victoria or Parliament of the Commonwealth or of another State or a Territory.

34 Terms of appointment of Chairperson

The Chairperson—

S. 34(a) amended by No. 35/2020 s. 13.

(a) holds office for the period, not exceeding 3 years, specified in the instrument of appointment; and

(b) is eligible for reappointment; and

35 Vacancy and resignation of Chairperson

The Chairperson ceases to hold office if the Chairperson—

(a) resigns by writing given to the Governor in Council; or

(b) becomes insolvent under administration; or

(i) an indictable offence; or

(ii) an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed from office under section 36.

36 Removal from office of Chairperson

The Governor in Council may remove the Chairperson from office at any time on the recommendation of the Attorney-General.

37 Acting Chairperson

(1) The Attorney-General may appoint a member of the Committee to act as the Chairperson—

(a) during a vacancy in the office of the Chairperson; or

(b) during any period when—

(i) the Chairperson is absent; or

(ii) the Chairperson is for any other reason unable to perform the duties of the office.

(2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.

(3) While the member is acting as the Chairperson, the member has all the powers and may perform all the duties and functions of the Chairperson.

Division 3—Membership and procedure

38 Membership of the Committee

(1) The Committee consists of—

(a) the Chairperson; and

(b) the Commissioner; and

(d) a legal practitioner of the Office of Public Prosecutions nominated by the Director of Public Prosecutions; and

(e) an officer or a member of the Adult Parole Board from time to time nominated by the chairperson of the Adult Parole Board; and

(f) a police officer nominated by the Chief Commissioner of Police; and

(g) the members appointed under sections 39, 40 and 41.

(2) For the purposes of subsection (1)(c) the judicial members of the Committee are—

(a) a Judge or a reserve Judge of the Supreme Court from time to time nominated by the Chief Justice and the President of the Court of Appeal; and

(b) a judge or a reserve judge of the County Court from time to time nominated by the Chief Judge; and

(c) a magistrate or a reserve magistrate of the Magistrates' Court from time to time nominated by the Chief Magistrate; and

(d) a coroner or a reserve coroner of the Coroners Court from time to time nominated by the State Coroner; and

(e) a magistrate or a reserve magistrate of the Victims of Crime Tribunal from time to time nominated by the Chief Magistrate.

(3) If a person nominated as a member of the Committee under subsection (1)(c), (d), (e) or (f) ceases to hold the office in respect of which the nomination was made, the person ceases to be a member of the Committee.

(4) A member of the Committee is not, in respect of the member's appointment, subject to the Public Administration Act 2004.

39 Members who are victims of crime

(1) The Attorney-General may appoint as members of the Committee up to 7 persons who are victims of crime.

(2) Before making an appointment under this section, the Attorney-General may call for expressions of interest for appointment to the Committee.

(3) A person appointed as a member under this section must represent the interests of all victims of crime.

S. 39(4) amended by No. 35/2020 s. 14.

(4) A person appointed as a member under this section is eligible for reappointment for one further term not exceeding 6 months.

40 Member representing victim of crime services organisation

(1) On the recommendation of an organisation that provides services to victims of crime, the Attorney-General may appoint a person as a member of the Committee to represent that organisation.

(2) An appointment made under this section may be made in respect of one or more organisations.

(3) Subject to the approval of the organisation which the person was appointed to represent, a person appointed as a member under this section is eligible for reappointment.

41 Appointed additional member

(1) The Attorney-General may appoint one or more persons, as an additional member of the Committee.

(2) A person appointed as a member under this section is eligible for reappointment.

42 Terms and conditions of appointment of member

(1) A person's appointment as a member of the Committee under section 39, 40 or 41 is—

S. 42(1)(a) amended by No. 35/2020 s. 15(1).

(a) for the period, not exceeding 3 years, specified in the instrument of appointment; and

(b) on the terms and conditions specified in the instrument of appointment.

(2) A member of the Committee appointed under section 39, 40 or 41 may be reimbursed for any expenses incidental to the member's appointment as determined from time to time by the Attorney-General.

S. 42(3) inserted by No. 35/2020 s. 15(2).

(3) A member of the Committee appointed under section 39 is entitled to the remuneration and allowances determined from time to time by the Attorney-General.

43 Cessation of appointment as member of the Committee

(1) A member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee if—

(a) the member resigns by writing given to the Attorney-General; or

(b) the member is found guilty or convicted of—

(i) an offence punishable by level 9 imprisonment; or

(ii) an offence that, if committed in Victoria, would be punishable by level 9 imprisonment; or

(2) The Attorney-General may revoke the appointment of a member of the Committee under section 39, 40 or 41 at any time.

44 Acting member of the Committee

(1) Subject to subsection (2), if a member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee before the member's term of appointment has expired, the Attorney-General may fill the vacant position by appointing a suitably qualified person to act as a member of the Committee.

(2) The appointment of an acting member of the Committee under this section is for the remainder of the term of appointment of the member whose place the acting member fills.

Division 4—Proceedings of the Committee and conduct of members

45 Proceedings of the Committee

(1) The Chairperson may at any time convene a meeting of the Committee.

(2) A meeting of the Committee convened under subsection (1) may proceed regardless of whether all the members are present.

(3) Subject to this section, the Committee may regulate its own procedure.

46 Confidentiality of the Committee

(1) Subject to subsection (2), a member of the Committee must not knowingly disclose any identifying information obtained in the course of performing the member's role as a member of the Committee.

Penalty: 120 penalty units.

(2) A member of the Committee, other than the Commissioner, may disclose identifying information obtained as a result of the member's appointment if the disclosure or communication is authorised in writing by—

(a) the Chairperson; and

(b) the person to whom the identifying information relates.

Note

Part 2 provides for the circumstances under which the Commissioner may disclose identifying information.

Part 4—General

47 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Pt 5 (Heading and ss 48, 49) repealed by No. 56/2015 s. 49,
new Pt 5 (Heading and new s. 48) inserted by No. 42/2018 s. 25.

Part 5—Transitional provisions

New s. 48 inserted by No. 42/2018 s. 25.

48 Transitional provision—Victims and Other Legislation Amendment Act 2018

The amendments made to this Act by Part 3 of the Victims and Other Legislation Amendment Act 2018 do not apply in relation to a complaint made to an agency before the day on which that Part comes into operation.

New s. 49 inserted by No. 35/2020 s. 16.

49 Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020

(1) The period of appointment of a person who, immediately before the amendment of section 34(a) by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, is appointed as Chairperson, is taken, on and from that amendment to be for a period of 3 years commencing from the date of appointment specified in the person's instrument of appointment.

(2) A person who, immediately before the amendment of section 42 by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, is appointed as a member under section 39, is taken, on and from that amendment—

(a) to be appointed for the period—

(i) commencing from the date of appointment specified in the person's instrument of appointment; and

(ii) ending on 16 April 2023; and

(b) is entitled to the remuneration and allowances determined from time to time by the Attorney-General from the date of appointment specified in the person's instrument of appointment.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 September 2015

Legislative Council: 8 October 2015

The long title for the Bill for this Act was "A Bill for an Act to establish the Victims of Crime Commissioner and the Victims of Crime Consultative Committee and for other purposes."

The Victims of Crime Commissioner Act 2015, No. 56/2015 was assented to on 27 October 2015 and came into operation on 3 February 2016: Special Gazette (No. 10) 2.2.16 p. 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victims of Crime Commissioner Act 2015 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victims of Crime Commissioner Act 2015, No. 56/2015

Assent Date:	27.10.15
Commencement Date:	S. 49 on 3.2.16: Special Gazette (No. 10) 2.2.16 p. 1
Note:	S. 49 repealed Pt 5 (ss 48, 49) on 1.9.17
Current State:	This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015

Victims and Other Legislation Amendment Act 2018, No. 42/2018

Assent Date:	11.9.18
Commencement Date:	Ss 17–25 on 4.11.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020

Assent Date:	17.11.20
Commencement Date:	Ss 13−17 on 18.11.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015

Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022

Assent Date:	7.6.22
Commencement Date:	Ss 86–88 on 31.10.22: Special Gazette (No. 524) 4.10.22 p. 1
Current State:	This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 40) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at the date of this publication.

1 Victims of Crime Commissioner Act 2015

Version No. 006

Victims of Crime Commissioner Act 2015

No. 56 of 2015

Version incorporating amendments as at
10 February 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Objectives 3

5 Act binds the Crown 4

Part 2—Victims of Crime Commissioner 5

Division 1—Appointment, terms and conditions 5

6 Victims of Crime Commissioner 5

7 Appointment 5

8 Remuneration 5

9 Terms and conditions of appointment 5

10 Acting appointment 6

11 Vacancy and resignation 6

12 Removal from office 7

Division 2—Functions and powers 7

13 Functions and powers of the Commissioner 7

14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006 8

15 Authorised person 8

16 Staff to be provided 8

17 Assistance to be provided 9

18 Commissioner may require access to records from the Secretary 9

19 Commissioner may require access to records from the Chief Commissioner of Police 9

20 Commissioner may require access to records from the Director of Public Prosecutions 10

21 Confidentiality of identifying information 11

22 Commissioner not to prejudice legal proceedings or investigations 12

Division 3—Inquiries 13

23 Inquiries 13

24 Avoiding unnecessary duplication 14

25 Report of inquiry into systemic victim of crime matter 14

Division 3A—Complaints about compliance with the Charter principles 14

25A Making a complaint to the Commissioner 14

25B How to make a complaint 15

25C Time limit for making complaint 15

25D Withdrawal of complaint 16

25E Information relating to complaint to be provided 16

25F Preliminary assessment of complaint 16

25G Certain grounds on which Commissioner may decline to consider complaint 17

25H Commissioner may refer complaint 17

This Act is built around a set of interlocking concepts: the Commissioner as a dedicated statutory advocate and investigator for victims; "systemic victim of crime matters"; a complaint pathway linked to the Victims' Charter; statutory access to records; confidentiality and non‑prejudice safeguards; and a consultative committee to bring victims, justice agencies and service providers together.

Key definitional and conceptual anchors in the text include:

Victim of crime: defined by cross‑reference to three Acts , Victims of Crime Assistance Act 1996, Victims of Crime (Financial Assistance Scheme) Act 2022 and the Victims' Charter Act 2006 (s 3). The Act therefore imports multiple statutory definitions and links the Commissioner’s constituency to existing statutory schemes.
Commissioner’s functions: the functions enumerated in s 13 provide the conceptual map of the office , advocacy for recognition, carrying out inquiries into systemic issues, reporting and providing advice to government, receiving and dealing with Charter compliance complaints (Division 3A), and making annual/other reports.
Systemic victim of crime matter: used as the statutory trigger for inquiries (s 23) and for reporting (s 25). The Act does not provide a narrow statutory definition in this text, but the repeated reference situates the Commissioner’s investigatory remit at the systemic, not individual‑only, level.
Charter principles and the Victims' Charter Act: the Commissioner must have regard to the objectives of this Act and the Victims' Charter Act 2006 when exercising functions (s 14). Complaints jurisdiction only covers agency compliance with Charter principles and requires an applicant first to have lodged a complaint with the agency under s 19B of the Charter (s 25A).
Access to records and assistance: the Act confers express statutory powers to require access to records held by the Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions (ss 18-20). For police and DPP records, specific and relatively broad refusal grounds are listed (ss 19(3), 20(3)), including prejudicing investigations or fair trials, legal professional privilege, revealing confidential sources, and endangering safety.
Confidentiality and penalties: the Act criminalises knowing disclosure of identifying information obtained in the course of the Commissioner’s functions (s 21) and imposes similar confidentiality obligations on Committee members (s 46). The penalty is expressed in penalty units (120 penalty units), leaving the monetary quantum to the statutory value of a penalty unit.
Non‑prejudice obligations: the Commissioner is expressly constrained from acting in a way that would prejudice criminal or civil proceedings, IBAC/Integrity Oversight investigations, and a specified list of courts and proceedings (s 22). The Commissioner may consult relevant judicial and investigatory officers to ensure compliance (s 22(2)).
Non‑binding remedial outcomes: the Commissioner may investigate complaints and make recommendations (s 25I-25J), including apology, training or policy change. The Commissioner may not direct or make binding determinations (s 25J(2)).

These concepts create a hybrid institution positioned between advocacy, oversight and quasi‑investigatory functions. The legal architecture emphasises information access and influence (reports, recommendations, referrals) rather than coercive enforcement against agencies; however there are mandatory referral duties where suspected corrupt conduct is encountered (s 26(2)). The Act also carefully frames the Commissioner’s powers so that prosecutorial discretion and judicial or tribunal jurisdiction are not subject to review (s 25I(3)(a)-(c)). The Committee concept operationalises a stakeholder forum combining victims, judicial members, policing, prosecution, parole, and victim‑services representation (s 38), with confidentiality protections and appointment rules.

Mechanically, the balance of powers and constraints is achieved by: enabling access to records while preserving refusal grounds; permitting investigations and public reporting while excluding interference with proceedings; establishing appointment security while providing for removal by Governor in Council on the Attorney‑General’s recommendation (ss 7, 11-12); and statutory staff provision via the Secretary with those staff employed under the Public Administration Act (s 16).

Primary parties affected are victims of crime, government justice agencies (Victoria Police, Office of Public Prosecutions and the Director of Public Prosecutions, prosecution agencies), the Department of Justice and Community Safety (via the Secretary), the Attorney‑General, IBAC and other oversight bodies, legal practitioners involved in related proceedings, and organisations that provide victims' services.

Who pays

The Department provides staff to the Commissioner under s 16(1). Staff are employed under Part 3 of the Public Administration Act 2004 (s 16(2)), so departmental budgets ultimately carry employment costs. The Governor in Council determines remuneration and allowances for the Commissioner (s 8) and for acting Commissioners (s 10(3)); the Attorney‑General determines remuneration for Committee members appointed under s 39 (s 42(3)). The Act does not specify appropriation mechanisms, but the Secretary’s obligation implies departmental resource allocation.

Who decides

The Governor in Council, on the Attorney‑General’s recommendation, appoints and may remove the Commissioner (ss 7, 12). The Attorney‑General has role‑setting influence: recommending appointments, receiving reports and directing publication, and can refer matters to the Committee (s 32(1)(d)). The Chief Commissioner of Police, DPP and other named office‑holders supply records and assistance, and may refuse access where the statutory grounds apply (ss 17-20). The Commissioner exercises discretion over whether to investigate complaints (s 25F), whether to refer complaints (s 25H) and whether to refer matters to IBAC or other persons (ss 26-27).

Behavioural changes the Act induces

Agencies will need to maintain contemporaneous records and be able to respond to Commissioner requests; the Secretary and agency heads must provide assistance and staff access (s 17). The requirement that the Commissioner must be provided staff may shift part of the administrative workload to the Department (s 16). Agencies subject to the Charter will face an additional external complaints mechanism: victims must first complain internally under the Charter (s 25A) and may then escalate; agencies should therefore ensure robust Charter complaint processes to avoid escalation and adverse recommendations.
Police and prosecutorial discretion remains insulated from review, but the ability of the Commissioner to obtain access to certain records, and to report systemically, creates incentives for agencies to document compliance with Charter principles and to manage the public record of their interactions with victims.
Victims gain a named statutory pathway for systemic inquiries and Charter compliance complaints (s 23, Div 3A). To access the Commissioner for a Charter complaint they must be a victim within the Charter’s definition and have first complained to the agency (s 25A).
Judicial and court processes are protected by non‑prejudice obligations on the Commissioner (s 22), so the Commissioner must design inquiries and publications to avoid interference with pending proceedings.

Concentrated vs diffuse effects

The Act concentrates power to access information and to report in a single office, which creates focal points for victims and for agencies. The costs of responding will be concentrated on the Department and on major justice agencies who are required to supply assistance and access to records (s 17). Benefits, such as systemic reform recommendations, are diffuse across victims. The Act also assigns to the Commissioner a mandatory duty to refer suspected corrupt conduct to IBAC (s 26(2)), which concentrates compliance risk for officials whose conduct falls within that threshold.

Secondary and indirectly affected parties

Legal practitioners representing victims or respondents to complaints may be drawn into Commissioner investigations because disclosure to legal practitioners is an express exception to the confidentiality prohibition (s 21(2)(d)). Organisations serving victims are represented on the Committee or in appointments, so service delivery models may be influenced by Committee advice (s 32).

Statutory exclusions and limits determine practical effect

The Commissioner cannot review decisions involving prosecutorial discretion (s 25I(3)(a)) and must not prejudice ongoing proceedings or specified oversight investigations (s 22). These limits shape how the Commissioner’s findings and recommendations can change behaviour in practice: the office operates by advocacy, recommendations and public reporting rather than by binding orders.

The Act creates statutory duties for the Secretary, the Chief Commissioner of Police, the Director of Public Prosecutions, agencies affected by the Victims' Charter, the Commissioner and members of the Committee; it also grants specific rights and privileges to the Commissioner and to victims as complainants.

Principal duties

Secretary’s duties:
- Provide employees necessary to assist the Commissioner (s 16(1)).
- Ensure those employees are employed under Part 3 of the Public Administration Act 2004 (s 16(2)).
- Give the Commissioner free and full access at reasonable times to any record necessary for the Commissioner to perform functions under s 23 and Division 3A (s 18).
Chief Commissioner of Police and Director of Public Prosecutions:
- Must ensure the Commissioner or an authorised person is provided with assistance reasonably required (s 17).
- Must, subject to specified refusal grounds, give the Commissioner free and full access at all reasonable times to any record necessary for the Commissioner’s functions (ss 19(1)-(2), 20(1)-(2)).
- May refuse access where disclosure would, or be reasonably likely to, prejudice investigations, fair trial, reveal privileged material, identify confidential sources, or endanger safety (ss 19(3), 20(3)).
Agencies: prescribed agencies’ compliance with the Victims' Charter must be monitored and reported upon , the Commissioner’s annual report must include information about prescribed agencies’ compliance (s 28(1A)(a)). Agencies will therefore bear the practical duty of demonstrating compliance in their records and complaint handling.
Commissioner’s duties and constraints:
- Advocate for victims’ recognition and participation (s 13(1)(a)).
- Carry out inquiries into systemic matters; investigate Charter complaints where accepted (ss 13(1)(b), 23, 25I).
- Provide reports to the Attorney‑General, including annual reports and any other matter related to functions (ss 28-29).
- Have regard to objectives of this Act and the Victims' Charter Act 2006 when performing functions (s 14).
- Must not act in a manner that prejudices criminal or civil proceedings, IBAC or Integrity Oversight Victoria investigations, Family Division Children’s Court, Coroners Court, or specified Commonwealth proceedings (s 22).
- Must manage confidentiality: the Commissioner and authorised persons may not disclose identifying information except in specified circumstances (s 21).
Committee members’ duties:
- Maintain confidentiality of identifying information obtained in the course of their role (s 46).
- Act in a manner consistent with the Victims' Charter (s 32(2)) and provide advice as described in s 32(1).

Rights and authorities

Commissioner’s rights:
- Power to require access to records from the Secretary, Chief Commissioner, and DPP (ss 18-20).
- Power to authorise persons to assist the Commissioner (s 15), subject to appropriate qualification/training (s 15(3)).
- Power to carry out inquiries on request or on the Commissioner’s own motion (s 23).
- The right to receive assistance and to have staff provided (ss 16-17).
- Authority to refer matters to IBAC and other persons (ss 26-27).
- Right to make reports to the Attorney‑General and to recommend publication of inquiry reports with the Attorney‑General’s agreement (s 25).
Complaints pathway rights for victims:
- A victim under the Victims' Charter Act who is dissatisfied after complaining to an agency under the Charter can complain to the Commissioner about agency compliance with Charter principles (s 25A).
- Procedural rights under Division 3A: the right to make complaints orally or in writing (s 25B); oral complaints must be confirmed in writing as soon as practicable (s 25B(2)), and the Commissioner must assist (s 25B(3)).
- Timeliness protections: a complaint must be made within 12 months in most cases but the Commissioner may accept late complaints for good reason (s 25C).
- Right to be notified of the Commissioner’s decision within statutory timeframes and to receive written reasons and recommendations following an investigation (ss 25F, 25K).

Limits on compulsion and enforcement

The Commissioner’s investigatory powers are not expressed as compulsory coercive powers (for example, there is no express power to compel testimony or to issue warrants in the text provided). Access is framed as a statutory requirement on custodians to give the Commissioner free and full access unless a refusal ground applies (ss 18-20). The Commissioner cannot make binding determinations arising from complaint investigations, only recommendations (s 25J(2)). Removal and appointment of the Commissioner and Chairperson are executive decisions (ss 7, 12, 33, 36).

Accountability mechanisms

Reporting obligations (s 28) provide parliamentary oversight via tabling in each House of Parliament (s 28(3)).
Mandatory referral to IBAC where the Commissioner reasonably believes the matter is corrupt conduct (s 26(2)) inserts a formal escalation path for serious misconduct.
Confidentiality offences (ss 21, 46) create criminal consequences for improper disclosure of identifying information, with penalties specified in penalty units.

The Act’s enforcement architecture is focused on information control, referrals, public reporting and executive oversight rather than administrative sanctions or coercive enforcement against agencies or the Commissioner. Key enforcement features and penalties are:

Confidentiality offences

Section 21 imposes a criminal penalty for knowingly disclosing identifying information obtained in the course of the Commissioner’s functions, with a penalty of 120 penalty units. Subsection 21(2) lists exceptions permitting disclosure where reasonably necessary for the Commissioner’s functions, legal proceedings, enforcement of court orders, to legal practitioners for legal advice or representation, with written authorisation by the person to whom the information relates, or where disclosure is required or authorised by this Act or any other Act.
Section 46 imposes an equivalent confidentiality obligation on Committee members with the same 120 penalty unit sanction. Members other than the Commissioner may disclose identifying information only if authorised in writing by the Chairperson and the person concerned (s 46(2)).

Referral and mandatory reporting to oversight bodies

Section 26 provides both permissive and mandatory referral powers to IBAC. The Commissioner may refer any matter relevant to IBAC’s functions (s 26(1)). The Commissioner must refer matters where the Commissioner reasonably believes the matter is corrupt conduct (s 26(2)). This creates a statutory enforcement pathway to an agency with investigatory and enforcement powers over public sector corruption.
Section 27 permits the Commissioner to refer matters to the DPP, Chief Commissioner of Police, the Victorian Legal Services Commissioner, or the Ombudsman where appropriate; subsection 27(2) requires the Commissioner to have a belief that referral is appropriate before referring. These referrals are mechanisms for escalation rather than direct enforcement by the Commissioner.

Non‑binding remedial powers

The Commissioner’s complaint outcomes are limited to recommendations (s 25J). These include apologies, facilitated meetings, additional training, policy changes and provision of information (s 25J(1)). The Commissioner cannot require or direct parties to do anything nor make binding determinations (s 25J(2)). Enforcement of recommendations depends on the recipient agency’s response, public reporting and any political or reputational consequences of non‑compliance.

Executive sacking and appointment

The Governor in Council may remove the Commissioner or the Chairperson on the recommendation of the Attorney‑General (ss 12, 36). The Attorney‑General therefore holds executive leverage over the Commissioner and Chairperson via the advice to the Governor in Council. The Commissioner also ceases to hold office upon conviction for an indictable offence, insolvency under administration, or resignation (s 11).

Access and refusal to disclose records

The Act gives the Commissioner statutory rights to free and full access to records necessary to perform functions (s 18 for the Secretary; ss 19-20 for the Chief Commissioner and DPP). For police and DPP records, the relevant agency may refuse access if specific conditions are met, including prejudice to investigations, fairness of trials, legal professional privilege, revealing confidential sources or endangering lives (ss 19(3), 20(3)). These refusal grounds are enforcement constraints rather than penalties; they balance the Commissioner’s information access against competing public interest protections.

Reporting to Parliament and public exposure

The Commissioner must prepare an annual report and provide it to the Attorney‑General for tabling in Parliament (s 28). The Attorney‑General, with the Commissioner’s agreement, may also publish or table inquiry reports (s 25(2)). Public exposure through tabling and publication is a non‑coercive enforcement channel that can produce reputational and political consequences for agencies and officials.

Practical enforcement consequences and limitations

The Commissioner’s lack of power to make binding orders means compliance relies on persuasion, public reporting and referral to agencies with investigatory or prosecutorial authority (s 26-27). Confidentiality offences are enforceable criminal penalties, but prosecution of those offences would be pursued by prosecutorial authorities, not the Commissioner. The Act creates mandatory referral to IBAC for suspected corrupt conduct, which brings in an agency with statutory investigatory powers, but otherwise the Commissioner’s enforcement toolkit comprises recommendations, reports and referrals.

The Act is heavily cross‑referenced and designed to operate within the existing architecture of Victorian justice and oversight statutes. The interaction is both prescriptive (direct cross‑references) and procedural (checks and constraints).

Primary statutory cross‑references and interactions

Victims' Charter Act 2006: The Commissioner must have regard to the Charter Act and its principles when exercising functions (s 14). The Commissioner’s complaint jurisdiction is limited to complaints about agency compliance with Charter principles, and only victims as defined in the Charter who have first complained to the agency under s 19B of the Charter can access the Commissioner’s complaint pathway (s 25A). The Committee must act consistently with Charter principles (s 32(2)). The Commissioner’s annual report must include information about prescribed agencies' compliance with the Charter (s 28(1A)(a)). The Act therefore supplements the Charter by adding an external oversight and review layer.
Victims of Crime Assistance Act 1996 and Victims of Crime (Financial Assistance Scheme) Act 2022: The Act’s definition of victim references definitions in both Acts (s 3). This expands the Commissioner’s potential constituency to persons covered by assistance schemes and the financial assistance scheme, creating alignment across victim support frameworks.
Public Administration Act 2004: The Commissioner and Committee members in certain respects are not subject to the Public Administration Act (s 9(3), s 10(5), s 38(4)). Conversely, staff supplied by the Secretary to the Commissioner are to be employed under Part 3 of the Public Administration Act (s 16(2)). This provides a structural interaction: the Commissioner is institutionally independent of the Public Administration Act for the officeholder, but operationally reliant on departmental staff governed by that Act.
Victoria Police Act 2013: The Commissioner may require records from the Chief Commissioner of Police (s 19). Section 19(4) expressly states that section 19 of the Victoria Police Act 2013 does not apply to a duty or discretion of the Chief Commissioner of Police under this section. This is an express statutory recalibration that ensures the Commissioner’s access role is not curtailed by the police Act’s separate provisions, while still allowing specified refusal grounds in s 19(3).
Independent Broad‑based Anti‑corruption Commission Act 2011 (IBAC): The Commissioner may refer matters relevant to IBAC’s functions and must refer matters reasonably believed to be corrupt conduct (s 26). The Commissioner must also avoid prejudicing IBAC investigations when performing functions (s 22(1)(c)). The Act therefore creates a formalised escalation path to IBAC and a duty to guard against interference with IBAC’s investigative work.
Director of Public Prosecutions constitution: The DPP, appointed under the Constitution Act 1975, is a named custodian of records to which the Commissioner may seek access (s 20), but similar refusal grounds apply (s 20(3)), consistent with preserving prosecutorial functions and fair trial concerns.
Legal Profession Uniform Law Application Act 2014: The Commissioner may refer matters to the Victorian Legal Services Commissioner (s 27(1)(ba)), providing a route for complaints raising professional misconduct issues.
Integrity Oversight Victoria Act 2011 and related integrity framework: The Act was amended (2024) to include Integrity Oversight Victoria in the list of entities the Commissioner must not prejudice (s 22(1)(c) as amended). This aligns the Commissioner within the broader integrity oversight architecture.
Coroners Court, Children’s Court and Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: The Commissioner must not prejudice proceedings in a specified list of courts and tribunals (s 22(1)(d)-(f)); similarly, s 30(2) prohibits including in reports information that would prejudice certain proceedings. These limits are designed to avoid conflict with other statutory adjudicative processes.

Procedural layering and limitation

The Act intentionally situates the Commissioner as an oversight and advocacy office rather than a second‑instance decision maker for prosecutions or judicial determinations. Section 25I(3) expressly prevents the Commissioner from reviewing prosecutorial discretion or intervening in ways that prejudice a proceeding. This preserves separation of functions: the Commissioner can investigate processes and compliance with Charter principles but not substitute for prosecutorial or judicial decision‑making.
The required first step of complainants to exhaust the agency’s complaint process under the Charter before bringing a complaint to the Commissioner (s 25A) creates a procedural interaction: the Commissioner is an external reviewer of agency complaint handling, not a primary complaint intake body for all victim grievances.
Confidentiality rules intersect with rules of legal professional privilege and court procedure. The refusal grounds for record access (ss 19(3)(c), 20(3)(c)) bring legal professional privilege into play; s 21(2)(b) and (c) permit disclosure if reasonably necessary for proceedings or enforcement of orders. The Act thus negotiates disclosure rights between the Commissioner and existing litigation and privilege frameworks.
Employment and administrative interactions: while the Commissioner is not subject to the Public Administration Act for the officeholder (s 9(3)), the staff supporting the Commissioner are Public Administration employees (s 16(2)), creating an operational dependence on departmental HR frameworks and standards.

Regulatory complementarity and potential tension

The Commissioner’s mandatory referral obligation to IBAC (s 26(2)) creates complementarity with the anti‑corruption framework. At the same time, the Commissioner must ensure enquiries do not prejudice IBAC or Integrity Oversight investigations (s 22(1)(c)), signalling potential tension in sequencing between inquiry activities and oversight investigations.
The Act’s exclusion of prosecutorial decisions from review (s 25I(3)(a)) reduces direct overlap with DPP functions, but record access to prosecutorial materials subject to refusal grounds (s 20) may nonetheless draw the Commissioner into proximity with prosecution processes.

Overall, the Act is constructed to slot the Commissioner into an existing statutory ecosystem, providing access and oversight while explicitly deferring to prosecutorial, judicial and investigative bodies on matters that could prejudice proceedings or fall within their exclusive domains.

The Act as presented is a consolidated version incorporating amendments to 10 February 2025. The endnotes and Table of Amendments record the following principal amendments and commencement dates; the description below follows the Act’s own table.

Victims of Crime Commissioner Act 2015 (No. 56/2015)

Royal assent 27 October 2015; original commencement for most provisions 3 February 2016 (Special Gazette 2.2.16). This established the Commissioner and Committee.

Victims and Other Legislation Amendment Act 2018 (No. 42/2018)

Assent 11 September 2018. Sections 17-25 (amending the Commissioner Act) commenced on 4 November 2019 (s 2(2)). The 2018 amendments inserted Division 3A (ss 25A-25K), introducing the Commissioner’s role in investigating complaints about prescribed agencies’ compliance with the Charter principles and the associated procedures, timelines and referral powers (see Pt 2 Div 3A). The amendments also included changes to functions (s 13) and reporting content (s 30), and the transitional provision s 48 clarifies that these amendments do not apply to complaints made to an agency before the relevant Part commenced (s 48).

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 (No. 35/2020)

Assent 17 November 2020; relevant sections commenced 18 November 2020 (s 2(1)). Amendments included changes to the Chairperson’s term (s 34(a) amended) and to membership appointment terms (s 42). Transitional provision s 49 adjusts existing appointments taken to be for the new terms and addresses remuneration entitlements for members under s 39.

Victims of Crime (Financial Assistance Scheme) Act 2022 (No. 21/2022)

Assent 7 June 2022, with sections 86-88 commencing 31 October 2022. The 2022 amendments revised the definition of "victim of crime" in s 3 to include victims defined under the new Financial Assistance Scheme Act, thereby broadening the statutory reference point for who may be a victim for Commissioner purposes. Other amendments in 2022 updated functions and reporting provisions (ss 13, 28).

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (No. 31/2024)

Assent 10 September 2024 with s 113(Sch.1 item 40) commencing on 10 February 2025. These amendments included insertion of references to Integrity Oversight Victoria in definitions and amendments to s 22 and s 30 to add Integrity Oversight Victoria to the list of investigations and bodies the Commissioner must not prejudice and to cross‑reference the integrity oversight framework.

Transitional provisions

Section 48 (inserted by the 2018 amending Act) preserves the prior law for complaints made to agencies before the commencement of the 2018 amendments.
Section 49 (inserted by the 2020 amending Act) contains transitional rules to align pre‑existing Chairpersons’ and member appointment terms with the new term lengths and remuneration arrangements.

Practical implications of amendments recorded in the Act

The 2018 reforms (Div 3A) materially expanded the Commissioner’s operational remit to include direct handling and investigation of Charter compliance complaints, with associated procedural safeguards and timelines (ss 25A-25K).
The 2022 amendment broadened the statutory notion of victim by reference to the Financial Assistance Scheme Act, potentially enlarging the group able to access the Commissioner’s services.
The 2024 amendments embedded the Commissioner within the updated integrity oversight architecture, explicitly adding Integrity Oversight Victoria to the list of entities the Commissioner must not prejudice (s 22(1)(c)) and refining definitions.

The consolidated version incorporates these amendments. The Act’s Endnotes Table of Amendments is the source for the listed changes and their commencement dates. There are also Explanatory Details noted as none at the date of publication for some items; no additional explanatory material is included in the consolidated text provided.

The text provided contains no case references, judicial decisions, or an annotated litigation history. The Endnotes do not list any judicial consideration of the Act, and the explanatory materials section records no entries. Consequently:

The Act itself does not cite any adjudicated interpretations or reported cases.
There is no statutory list of litigation arising under the Act in the source material supplied.

Practical significance of this absence

Absence of litigation in the Act’s endnotes and text is not dispositive evidence that no legal disputes exist in the courts regarding the Act or its functions; it reflects only that the consolidated version of the statute, and its endnotes as published, do not record any reported litigation items. For practitioners seeking precedent on how courts construe the Commissioner’s powers, referral or confidentiality provisions, or the interaction with prosecutorial discretion, independent case law research beyond this Act text will be required. The Act’s frequent cross‑references to other statutes (for example to privilege and to IBAC) suggest that litigation, if it occurs, would likely focus on access to records, confidentiality, separation of powers issues, or disputes about the scope of inquiry powers , but no specific cases are named in the statute.

Where to look next

For authoritative interpretations or legal challenges, consult reported decisions in Victorian courts, statutory appeals to higher courts, and IBAC or Ombudsman reports. The Act’s reporting obligations (s 28) and the Commissioner’s published reports (if any) may also document operational issues that could have given rise to disputes; those reports and parliamentary materials may be public sources to consult for any history of contentious interactions between the Commissioner and agencies.

This Act contains several practical traps and friction points that practitioners and agencies should note because they create compliance risks, discretionary bottlenecks or hidden costs.

Access powers with broad yet qualified refusal grounds (ss 18-20)
- The Commissioner’s statutory right to "free and full access" to records is subject to substantial agency discretion to refuse where access would, or be reasonably likely to, prejudice investigations, fair trials, legal professional privilege, confidential sources or safety (ss 19(3), 20(3)). This duality creates a potential operational bottleneck: agencies can legally refuse disclosure on several broad grounds that are factual and judgmental. Where agencies refuse, the Commissioner’s ability to pursue systemic inquiries may be constrained.
- Section 19(4) disapplies s 19 of the Victoria Police Act 2013 to a duty or discretion under s 19 of this Act; however the police still have the specific refusal grounds in s 19(3). Practitioners should not assume unfettered access.
Confidentiality and the 120 penalty unit sanction (ss 21, 46)
- The Act criminalises knowing disclosure of identifying information obtained via Commissioner functions (s 21) and by Committee members (s 46), with a high penalty measured in penalty units. The Act provides exceptions (s 21(2)), but those exceptions require careful compliance: e.g., disclosures to legal practitioners are allowed (s 21(2)(d)), and disclosure with written consent is permissible (s 21(2)(e)). Agency staff, authorised persons and Committee members must manage information handling procedures to avoid exposure to criminal sanction.
Complaint pathway prerequisites and time limits (Div 3A)
- A complainant must be a victim as defined in the Victims' Charter Act 2006 and must first have complained to the agency under s 19B of the Charter before lodging a complaint with the Commissioner (s 25A). This exhaustion requirement could be overlooked by victims or advisors, producing timeliness and admissibility issues.
- The standard limitation period is 12 months from the event or from when requested information was sought (s 25C), but the Commissioner has discretion to accept late complaints for a "good reason". Reliance on the discretion may be risky in borderline or delayed cases.
Non‑binding remedies and limited coercive powers (s 25J)
- The Commissioner may recommend remedies such as apologies, training or policy changes (s 25J(1)) but cannot compel agencies to act or make binding determinations (s 25J(2)). Relief depends on agencies’ voluntary compliance, reputational pressure from public reporting, or escalation via referrals to bodies with enforcement powers. Complainants should be counselled on the practical limits of remedies available through the Commissioner.
Limits on reviewing prosecutorial discretion (s 25I(3))
- The Commissioner must not review decisions involving prosecutorial discretion (s 25I(3)(a)), for example a decision to discontinue a prosecution. Complaints that in substance challenge prosecutorial decisions may be declined or limited in scope; practitioners should consider whether the complaint is about process and Charter compliance rather than prosecutorial judgment.
The Commissioner’s independence versus operational dependence (ss 9(3), 16)
- The Commissioner and some Committee members are not subject to the Public Administration Act for the officeholder (s 9(3), s 10(5), s 38(4)), which preserves institutional independence for the officeholder. However, staff are provided by the Secretary and are employed under the Public Administration Act (s 16). This creates an operational dependency on departmental resourcing and HR processes which can affect capacity and bureaucratic responsiveness.
Removal and political influence
- The Governor in Council may remove the Commissioner on the Attorney‑General’s recommendation (s 12). The appointment and removal mechanism concentrates political influence in the executive, which could affect perceptions of independence in politically sensitive inquiries. Although this is procedural rather than a legal "gotcha", it bears operational consideration for risk management.
Overlap with other oversight agencies and duplication
- The Act emphasises avoiding unnecessary duplication (s 24) and allows referrals to IBAC, Ombudsman, DPP and the Victorian Legal Services Commissioner (ss 26-27). Complaints and inquiries may be subject to concurrent or sequential processes across agencies; timing and coordination are potential points of confusion or delay.
Reporting constraints where hearings or investigations are active (s 30)
- The Commissioner may include identifying information in reports only with written consent (s 30(1)) and must not include information that would prejudice listed proceedings (s 30(2)). This limits the Commissioner’s capacity to publish granular case‑level findings in the face of active criminal, coroner or other proceedings, and requires careful legal clearance for public reporting.
Practical administrative timelines (s 25F)
- The Commissioner must, within 28 days of receiving a complaint, decide to consider or decline it and must notify the parties within further 14 days (s 25F). Agencies and complainants should be prepared for relatively swift preliminary outcomes, but the substantive investigation timeline is not prescribed, potentially creating uncertainty.

Collectively, these elements mean that while the Commissioner has statutory reach and a strong mandate to pursue systemic issues, operational constraints, statutory refusal grounds, and the non‑binding nature of remedies limit immediate coercive effect. Practitioners should design complaint strategies and agency recordkeeping to accommodate the Act’s procedural preconditions and to reduce the risk of refusals or inadvertent confidentiality breaches.

For agencies, victims' service organisations, legal representatives and the Commissioner’s office, the Act prescribes specific procedural and recordkeeping practices. The following practical compliance checklist is drawn from the statute.

For agencies (including Victoria Police, DPP, and prescribed agencies under the Victims' Charter):

Maintain accurate and accessible records
- The Commissioner is entitled to "free and full access" to records necessary for inquiries and complaint investigations (ss 18-20). Maintain contemporaneous records that document interactions with victims, steps taken to comply with Charter principles, and outcomes of internal complaints (s 28(1A)(a)). Implement an indexed record system so that when access is sought, the agency can promptly assess and, if required, lawfully refuse under s 19(3)/s 20(3) with documented reasons.
Strengthen internal Charter complaint mechanisms
- The Commissioner’s complaint jurisdiction is available only after the person has first complained to the agency under s 19B of the Victims' Charter Act 2006 and is dissatisfied (s 25A). Ensure internal complaint processes comply with the Charter and that complainants receive clear information about escalation steps and timeframes.
Prepare lawful refusal justifications
- If refusing access to records under ss 19(3) or 20(3), document how the refusal meets the statutory criteria (e.g. risk of prejudice to investigation or fair trial, legal professional privilege, identification of confidential sources, or endangerment). Because these are judgmental grounds, ensure legal sign‑off and contemporaneous risk assessment.
Manage confidentiality and disclosure
- Staff must understand the confidentiality obligations under s 21 (and s 46 for Committee members). Train authorised persons and staff on permitted disclosure exceptions (for legal advice, court proceedings, written consent, or other statutory authorisations) and implement clear approval workflows for disclosures.
Assist the Commissioner reasonably
- Section 17 requires agencies to ensure the Commissioner or an authorised person is provided with assistance reasonably required for the performance of the Commissioner’s functions. Allocate a liaison officer within the agency to coordinate requests and to ensure timely and compliant responses.

For victims and their legal representatives:

Exhaust agency complaint processes first
- Bring a complaint to the relevant agency under s 19B of the Victims' Charter Act 2006 before applying to the Commissioner (s 25A). Keep records of that complaint and the agency response, because the Commissioner will require proof of prior complaint and may ask for specified information (s 25E).
Observe time limits and seek extensions where appropriate
- Most complaints must be made within 12 months of the event or of when information/document was first sought (s 25C). If delay is unavoidable, prepare evidence and legal/medical/social reasons to support a "good reason" application under s 25C(2).
Confirm oral complaints in writing
- An oral complaint must be confirmed in writing as soon as practicable; the Commissioner must assist with this process (s 25B(2)-(3)). Use the statutory template or provide a clear written account to avoid misunderstandings.
Be prepared for non‑binding outcomes
- Remedies are recommendatory only (s 25J). If complainants seek enforceable outcomes , for example, restitution or reversal of prosecutorial decisions , advise that the Commissioner has no power to direct or make binding determinations (s 25J(2)).

For the Commissioner and authorised persons:

Respect non‑prejudice obligations
- Avoid actions that could prejudice criminal or civil proceedings, IBAC or other integrity investigations, or proceedings in specified courts (s 22). Seek consultation under s 22(2) with key officeholders (State Coroner, Chief Commissioner, DPP, IBAC Commissioner, principal registrar of the Victims of Crime Assistance Tribunal) when there is any risk of prejudice.
Use statutory referral pathways
- Where suspected corrupt conduct is encountered, refer to IBAC as required (s 26(2)). Use s 27 for referrals to DPP, Chief Commissioner, Legal Services Commissioner or Ombudsman when appropriate and document the basis for referral (s 27(2)).
Document inquiries and obtain consents for identifying information
- Section 30(1) allows including identifying information in reports only with written consent. Secure documented consents where case details are to be published, and otherwise anonymise reports. Use the exceptions in s 21(2) carefully for necessary disclosures.
Implement robust information handling protocols
- Train authorised persons and staff on the scope of permitted disclosures (s 21(2)) and the confidentiality penalty provisions. Maintain secure records systems and clearance processes for any proposed public release.

For Committee members and Chairperson:

Uphold confidentiality rules
- Members must not disclose identifying information obtained in their role (s 46). Non‑Commissioner members may disclose only with written authorisation from the Chairperson and the person concerned (s 46(2)). Put in place a written authorisation protocol for any authorised disclosure.
Ensure representative and procedural compliance
- Members appointed under s 39 must represent all victims of crime (s 39(3)). Meetings may proceed without full attendance (s 45(2)), and the Committee may regulate its own procedure (s 45(3)). Keep minutes and records consistent with confidentiality obligations and statutory reporting.

Operational and governance recommendations

Create a single point of contact within agencies to coordinate Commissioner requests, IBAC referrals and to manage records access decisions; record legal advice supporting any refusal to disclose.
Maintain a public information page explaining how to complain to the agency under the Victims' Charter, including the timeframe and the need to keep written confirmation to present to the Commissioner if escalation occurs.
For organisations representing victims, prepare clients for the practical limits of the Commissioner’s remedial powers and advise on alternative pathways (DPP, Ombudsman, Legal Services Commissioner) where appropriate.
For the Department: ensure resource planning for staff provided to the Commissioner under s 16, balancing independence of the officeholder with operational control over staffing, and ensure staff employment contracts and duties align with Public Administration Act requirements (s 16(2)).

Adherence to these operational steps will reduce the likelihood of procedural rejections, unlawful disclosures, or delays that could undermine the Commissioner’s work or expose agencies and individuals to legal risk under the Act.

Victims of Crime Commissioner Act 2015

Plain English Summary

Deep Dive

What it does

Current sections

Victims of Crime Commissioner Act 2015

Source text: opening excerpt

1 Victims of Crime Commissioner Act 2015

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

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How to comply