Victims Rights and Victims of Crime Commissioner Act 2025 (New South Wales) | Zoe

Deep Dive

6,533 words · generated 02/07/2026

What it does

Mechanically, the Act sets out (a) a statutory Charter of Victims Rights (Parts 2 and 7), (b) a new statutory office, the Victims of Crime Commissioner (Part 4), and (c) a complaints, investigatory and oversight framework for alleged contraventions of the Charter (Parts 3 and 6), together with reporting, information‑sharing and administrative provisions (Parts 5, 7 and 8). The objects in s 3 explicitly state the Act’s purpose is “to recognise and promote the rights of victims of crime under the Charter of Victims Rights, and to establish a Victims of Crime Commissioner.” The Charter itself lists rights and obligations in discrete operational terms (for example, rights to information about investigations and prosecutions, protection from contact with the accused, return of property, and access to services , see s 6.2-6.17 and s 7 for forensic‑patient specific rights). The Commissioner’s functions are set out in s 22 and include systemic advocacy, research, consultation and oversight of Charter implementation, plus a power to receive complaints and use best endeavours to resolve them (s 22(1)-(2)).

The Act creates a complaints pathway: complaints can be made to the Commissioner (s 9), by victims, authorised representatives, parents of under‑18 victims and immediate family members of missing persons (s 10). Complaints must be in the Commissioner’s approved written form (s 11), but the Commissioner must provide assistance where required (s 11(2)). The Commissioner must decide whether to investigate or decline (s 12), can decline on enumerated grounds (s 13), and if an investigation proceeds the Commissioner’s post‑investigation options are limited to recommendations (apology, staff training, policy review, provision of information), other recommendations, referral to another body, or taking no further action (s 14).

To support investigations the Commissioner has compulsory information powers (s 27), including written notices requiring agencies or persons to give information, and powers to take possession of documents (s 27(4)). The Act also authorises information sharing arrangements with relevant agencies (s 29), and contains exemptions where information need not be provided (s 28). The Commissioner must publish annual reports (s 30) and may publish special reports (s 31). The office is statutorily independent of ministerial direction in exercising functions under the Act (s 24) and is a full‑time statutory office with specified appointment, term, reappointment and removal rules (s 15, s 17-19).

The Act further links into the existing victims’ support architecture. It cross‑references “the Scheme” and the Victims Support Act 2013 and contains extensive amendment and transitional provisions (Schedules 1-4) that reallocate functions and replace references to the previous Commissioner of Victims Rights with the Scheme Executive or other actors in the Victims Support Act (see Schedule 3 and Schedule 4). Regulations may be made (s 35) and the Minister must review the Act after three years (s 34).

The Act therefore creates an institutional oversight and consultative mechanism, an enumerated Charter of rights for victims, an information‑compulsion and inquiry toolset for the Commissioner, and reporting and transition mechanics that integrate the new office with the existing Victims Support Scheme and related legislation.

Main concepts

The Act organises around several core legal and administrative concepts: the Charter, the statutory office of the Victims of Crime Commissioner, complaints and investigations, information compulsion and sharing, and the relationship to the Victims Support Scheme.

Charter of Victims Rights (s 6; s 7). The Charter is a prescriptive catalogue of entitlements and procedural expectations for victims. It includes dignity and cultural sensitivity (s 6.1), information rights (s 6.2; s 6.4; s 6.5; s 6.6), protections during proceedings (s 6.7-6.9), return of property (s 6.10), protection and bail considerations (s 6.11-6.13), victim impact statements (s 6.14), information about custodial status (s 6.15-6.16), financial assistance via “the Scheme” for victims of sexual or other serious personal violence (s 6.17), and a right to complaint information (s 6.18). Section 7 reproduces core Charter rights with additional terms for victims of forensic patients (s 7.1-7.3).
Victim definition (s 5; Schedule 2). A “victim of crime” is defined by the statutory test in s 5: a person who suffers harm as a direct result of an act committed or apparently committed by another in the course of a criminal offence (including motor vehicle offences) or conduct of the type in the Modern Slavery Act 2018 s 5(1)(b). Harm includes physical, psychological/psychiatric harm or deliberate property loss/damage. Death triggers immediate family victims and representative nomination rules (s 5(3)-(4)).
Commissioner (s 15-25). The Governor appoints the Victims of Crime Commissioner for up to five years; the office is full time (s 15). The Commissioner’s employment is by contract with the Minister but subject to specified Public Service senior executive provisions (s 16). The Commissioner must establish a Victims Advisory Committee (s 25), must act independently (s 24) and carries specific functions: systemic advocacy, review and research, consultation, recommendations to the Minister and Charter implementation oversight including publishing guidance and codes (s 22).
Complaints and investigations (Parts 3 and 6). A complaint mechanism permits victims and others identified in s 10 to complain about alleged Charter contraventions (s 9-11). The Commissioner decides whether to investigate (s 12) and may decline for enumerated reasons (s 13). If an investigation proceeds the Commissioner’s remedial powers are recommendatory rather than coercive: apology, training, policy review, or disclosure of information (s 14). Investigatory powers include requiring information (s 27), seizing and copying documents (s 27(4)), and exchanging information with relevant agencies under an information sharing arrangement (s 29).

Who it affects

Primary affected parties are set out in the Act and its dictionary (Schedule 2). They include:

Victims of crime. The Act defines who is a victim (s 5) and sets out the Charter rights intended to govern their treatment across State administration (s 8(1)). Victims of sexual or other serious personal violence are explicitly entitled to make claims under the existing Scheme (s 6.17), linking individual financial assistance to the Victims Support Act architecture.
Immediate family and representatives. If a victim dies as a result of the act, immediate family members are victims under s 5(3), and where more than one immediate family member exists they may nominate a representative for Charter interactions (s 5(4)). Immediate family members of missing persons may also make complaints (s 10(1)(d)).
Agencies of the State. The Charter must, “as far as practicable and appropriate,” govern the treatment of victims in State administration (s 8(1)). A government sector agency (as defined by the Government Sector Employment Act 2013; see Schedule 2) must, to the extent relevant and practicable, “have regard to” the Charter in exercising official functions, other than judicial functions (s 8(2)). The definition of “agency” in Schedule 2 extends to an entity funded by the State to provide support services to victims of crime (Schedule 2 agency definition), so funded non‑government service providers are captured for some purposes.
Police, prosecutors and courts. The Charter establishes processes that impose information and consultative expectations on prosecuting authorities and bail authorities (for example, prosecutors must put a victim’s protection needs before bail authorities, s 6.11). The Commissioner’s functions include liaising with NSW Police and the Director of Public Prosecutions via representation on the Victims Advisory Committee (s 25(3)(c)-(d)).
Victims of forensic patients. Special Charter provisions apply to victims of forensic patients and are linked to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 for notice obligations (s 7.3).
Non‑government providers contracted or funded by the State. The Schedule 2 definition of “agency” expressly includes an entity funded by the State to provide support services to victims (Schedule 2). Such providers may be required to provide information to the Commissioner under s 27, participate in information sharing arrangements under s 29, and be asked to consider Commissioner guidance or recommendations under s 22.

Key duties and rights

The Act sets out duties for agencies and rights for victims in granular terms. The key statutory rights and duties are:

Rights of victims (Charter, s 6 and s 7). Victims are accorded specific rights including to be treated with courtesy and cultural sensitivity (s 6.1); to be informed of services and remedies as early as practicable (s 6.2); to access necessary welfare, health, counselling and legal assistance (s 6.3); to be informed of investigative progress on request unless disclosure would jeopardise the investigation (s 6.4); to be informed of charges, prosecution changes, hearing dates and outcomes, and, in certain serious cases, to be consulted before prosecutorial decisions to modify or not proceed with charges (s 6.5); to be informed about trial process and their role as witness (s 6.6); protection from unnecessary contact with the accused during proceedings (s 6.7); protection of residential address and telephone number from disclosure unless the court directs otherwise (s 6.8); relief from appearing at preliminary hearings unless directed otherwise (s 6.9); prompt return of property held by the State with inconvenience minimised (s 6.10); that prosecutors put the victim’s need for protection before a bail authority (s 6.11); information about special bail conditions and outcomes of bail applications in specified serious cases (s 6.12-6.13); assistance with victim impact statements (s 6.14); information about impending release, escape, or security classification changes (s 6.15); opportunity to make submissions on parole or unescorted absence eligibility of serious offenders (s 6.16); and entitlement for victims of sexual/serious personal violence to make claims under “the Scheme” (s 6.17). Victims also have the right to information about complaint procedures for Charter breaches (s 6.18).
Duty to “have regard to” Charter (s 8). An agency or person exercising official functions in State administration, other than judicial functions, must, to the extent relevant and practicable, have regard to the Charter in addition to other relevant matters (s 8(2)). Section 8(1) directs that the Charter must govern the treatment of victims in State administration “as far as practicable and appropriate.” The Act therefore creates an administrative duty of consideration rather than a strict enforceable obligation.
Commissioner’s duty to promote and oversee Charter implementation (s 22(2)(a)-(b)). The Commissioner must publish codes, guidelines and practical guidance, promote implementation and make recommendations to assist agencies to improve compliance, including conducting training and recommending policy changes (s 22(2)(a)-(b)).

Penalties and enforcement

The Act contains a small set of penal and enforcement mechanisms, focused on information integrity and confidentiality, and constructs non‑coercive compliance levers through recommendations, reporting and information compulsion with limited offence sanctions.

Offences for false or misleading information (s 27(3)). A person who gives the Commissioner information knowing it is false or misleading in a material particular is guilty of an offence. The maximum penalties are 50 penalty units for an individual and 100 penalty units otherwise (s 27(3)). This criminal sanction is targeted at protecting the integrity of Commissioner investigations.
Offence for unauthorised disclosure (s 32). A person must not disclose information obtained in connection with the administration or execution of the Act unless the disclosure falls within specified exceptions (consent, in connection with the Act, for legal proceedings, as required by the Ombudsman Act 1974, or “another lawful excuse” , s 32(a)-(e)). The maximum penalty is 50 penalty units. This provision imposes criminal liability on individuals for improper disclosures.
Compulsion powers and enforcement mechanics (s 27, s 29). The Commissioner may require information and seize documents (s 27(1), (4)). Recipients of notices must comply unless an exemption applies (s 28). The Act does not distinguish a civil enforcement regime for non‑compliance with notices in the text provided (for example, the Act does not set out a distinct penalty for failing to comply with an information notice other than the potential for a contempt process or other statutory/regulatory enforcement not described here). The main criminal sanctions specified relate to false information and unauthorized disclosure.
Remedy and redress for Charter contraventions (s 14). After investigating, the Commissioner may make recommendations to heads of agencies including apology, staff training, policy review, or provision of information (s 14(1)(a)(i)-(iv)). The Commissioner may make other recommendations, refer the matter to another entity, or take no further action (s 14(1)(b)-(d)). There is no power in the Commissioner to issue binding orders, award compensation, or impose administrative fines in this Act. Enforcement, therefore, depends on persuasion, the requirement for written agency responses within 6 months (s 22(3)-(4)), and publicity through mandatory annual and special reporting to Parliament (s 30-31).
Limits on judicial interference and review. The Commissioner is limited from investigating where the investigation would prejudice criminal proceedings or investigations or interfere with the jurisdiction of courts or tribunals (s 23(1)(c)(i)-(iii)). The Commissioner is also barred from inquiring into prosecutorial discretion (s 23(1)(d)). While not an enforcement mechanism per se, these limits restrict potential avenues for Commissioner‑driven remedies and limit interaction with criminal justice processes.

How it interacts with other laws

The Act is deliberately interconnected with the Victims Support Act 2013 and multiple other statutes and regulations. The text contains express cross‑references and amendment schedules to preserve and reallocate functions across the victims’ support architecture.

Direct link to Victims Support Act 2013 (Schedules 2-3). The Act refers repeatedly to “the Scheme” and “Scheme Executive” as defined in the Victims Support Act 2013 (Schedule 2 definitions). Schedule 3 makes extensive amendments to the Victims Rights and Support Act 2013 (renamed and restructured) to substitute references to the Scheme Executive and to remove or migrate the prior Commissioner of Victims Rights functions. These amendments redirect operational responsibilities, approvals and administrative functions between the new Victims of Crime Commissioner and the Scheme Executive, ensuring continuity and clarifying which office performs which Scheme functions (see Schedule 3 entries and the numerous specific substitutions).
Interaction with Government Information (Public Access) Act 2009 (GIPA) (s 28). Section 28(a) makes compliance with s 27 subject to an overriding public interest test under GIPA; agencies may refuse to provide information if GIPA requires or permits refusal. That cross‑reference means GIPA principles and exemptions remain applicable to Commissioner requests.
Legal professional privilege and court orders (s 28(b)-(c)). The Act recognises legal professional privilege and the binding effect of court or tribunal orders that prohibit/discourage disclosure as grounds to decline to provide information to the Commissioner (s 28(b)-(c)). These limitations preserve established privilege doctrines and judicial process protections.
Criminal justice process protections (s 23(1)(c), s 28(d)). The Commissioner is prevented from investigating where it would prejudice criminal proceedings, or the giving of information would prejudice ongoing criminal investigations or proceedings (s 23(1)(c)(i)-(ii); s 28(d)). That preserves the primacy of prosecutorial and police investigation functions and their confidentiality requirements during active processes.
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (s 7.3). Section 7.3 ties the forensic patient victim rights and notice obligations to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, so processes under that Act determine some of the Commissioner’s obligations to keep victims informed about Tribunal matters and releases of forensic patients.

Amendment history

The Act, as presented, contains embedded amendment and transitional provisions that effect changes to existing victims‑related legislation at commencement. The key mechanical amendments and transitional elements recorded in the text are:

Renaming and reallocation within the Victims Support framework (Schedule 3). Schedule 3 specifies numerous textual substitutions in the Victims Rights and Support Act 2013 and associated regulations, removing “Rights and” from the long title, replacing references to the Commissioner of Victims Rights with either the Scheme Executive or the Victims of Crime Commissioner as appropriate, and omitting the former Part 2 (Victims Rights) of that Act (Schedule 3 items [1]-[25]). The amendments recast the administrative architecture by centralising Scheme administration in the Scheme Executive and placing Charter oversight in the new Commissioner.
Transitional savings (Schedule 1 Part 2 and Schedule 3). Schedule 1 Part 2 contains transitional provisions addressing complaints made under the Victims Rights and Support Act 2013 but not resolved at commencement , such complaints are to be dealt with by the Scheme Executive under the Victims Support Act 2013 as if the Act had not commenced (Schedule 1, cl 2). Schedule 3 contains a range of transitional subclauses treating pre‑commencement actions by the former Commissioner of Victims Rights as done by the Scheme Executive (sch.3‑sec.25‑frag‑pt, cl 25), including prior applications, approvals, orders for restitution, debt notices and enforcement actions. Approved counsellors immediately prior to commencement are taken to remain approved under the Scheme Executive (sch.3 cl 25).
Broad cross‑statutory amendments (Schedule 4). Schedule 4 lists many Acts and regulations where textual substitutions are made (e.g., Criminal Procedure Act 1986, Coroners Act 2009, Fines Act 1996, Government Information (Public Access) Act 2009, Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Victims Rights and Support Regulation 2019). The pattern is predominantly replacement of institutional references so day‑to‑day operations reference the new offices and the Scheme Executive. Schedule 4 also inserts new definitions (e.g., Scheme Executive into various Acts), and specific operational changes such as inserting the Victims of Crime Commissioner into membership lists for certain interagency teams (see sch.4‑ssch.4.6‑sec).
Regulatory transitional window and repeal (Schedule 1 cl 1). The regulations may contain savings or transitional provisions consequent on commencement or amendment but such provisions must not be made more than two years after commencement, and any such provision is repealed two years after commencement. Savings transitional provisions may have effect before commencement subject to limits (Schedule 1 cl 1(2)-(4)).

Litigation history

The Act text provided does not record judicial decisions, reported cases or any litigation history. There are no cases or judgments referenced within the statutory text. The Act’s structure, however, contains multiple features that may give rise to future litigation or judicial review claims, including:

Questions of statutory interpretation concerning the scope and meaning of “have regard to” the Charter (s 8(2)) and what constitutes “as far as practicable and appropriate” (s 8(1)). Those are discretionary, context‑sensitive standards that could generate litigation if a victim or agency contests whether an agency complied in a particular matter.
Tensions between the Commissioner’s information compulsion powers (s 27) and established legal professional privilege, court orders and GIPA public interest exemptions (s 28). Disputes over the applicability of the s 28 exemptions, or about whether an agency’s refusal to provide information was justified, could be the subject of judicial review or declaratory proceedings.
Challenges to the Commissioner’s decisions to decline to investigate (s 13). Because the Commissioner must decline where a complaint is “being, or has been, dealt with” by another body or the internal complaints mechanism has not been exhausted (s 13(1)(b)-(c)), disputes over which forum is appropriate or whether exhaustion is required could invite administrative law challenges.
Legal disputes regarding the Scheme: the Act leaves individual claims for financial assistance under the Scheme to the Victims Support architecture; litigation regarding eligibility or decisions under that Scheme would proceed under the existing statutory avenues, and Schedule 3 transitional provisions preserve ongoing administrative review and appeal rights (sch.3 cl 25).
Confidentiality and unauthorized disclosure prosecutions (s 32) or false information prosecutions (s 27(3)) may produce court cases where an individual or entity is charged with these offences. The Act sets penalty units but does not describe prosecutorial processes; any prosecutions would follow the usual criminal procedure.

While no litigation history is recorded in the Act, the embedded cross‑statutory interactions, discretionary standards, interaction with privileged material, and the Commissioner’s investigatory reach suggest areas where parties may litigate boundaries. The Act also houses specific prohibitions on Commissioner inquiries into prosecutorial discretion and matters that would prejudice criminal proceedings (s 23(1)(c)(iii)-(d)), likely to constrain judicial review scope in certain areas.

Gotchas

Practitioners and compliance officers should note a number of operational traps and non‑obvious interactions in the statutory text:

“Have regard to” is not a strict duty to comply. Section 8(2) requires agencies to “have regard to” the Charter “to the extent it is relevant and practicable.” That phrase imports a flexible consideration duty rather than a mandatory obligation to give effect to each Charter right. Agencies can lawfully conclude a Charter right is not practicable to implement in given circumstances; that discretion is likely to be litigated or contested but, as drafted, it preserves agency latitude.
Information protection exception to address confidentiality (s 6.8 and s 8(3)). Section 6.8 protects victims’ residential address and telephone number from disclosure “unless a court otherwise directs,” but s 8(3) creates an exception: the protection does not apply to a victims rights agency disclosing contact information to another victims rights agency to inform the victim about services. Practically, agencies must be aware that this specific operational exception permits certain intragovernmental disclosures despite s 6.8.
Commissioner’s remedies are recommendatory not coercive (s 14). After investigating, the Commissioner may recommend apologies, training, policy reviews or information provision but cannot compel agencies to adopt these recommendations. The statutory enforcement lever is transparency and the requirement for written responses within six months (s 22(3)-(4)); however, agencies retain decision‑making control.
Limited remit with respect to individual advocacy and prosecutorial decisions (s 23). The Commissioner’s functions explicitly exclude advocating for individual victims and inquiring into individual decisions about Scheme eligibility (s 23(1)(a)-(b)). The Commissioner cannot inquire into prosecutorial discretion (s 23(1)(d)) and must avoid duplicating functions of other oversight bodies (s 23(2)). If clients seek direct intervention on specific entitlements or prosecutorial decisions, the Commissioner is not an avenue.
Information compulsion blocked by privilege and ongoing investigations (s 28). While s 27 confers power to require information, s 28 lists discrete exemptions: overriding GIPA public interest considerations, legal professional privilege, court or tribunal orders, prejudice to criminal investigations or proceedings, or endangerment of life. Agencies should document and justify any reliance on these exemptions when refusing a notice to avoid later dispute.

How to comply

For agencies, funded service providers and practitioners advising them, compliance entails operational changes, documentation practices, training and legal process readiness. Concrete steps drawn from the Act follow.

Integrate the Charter into administrative processes and guidance
- Update agency policies and procedural manuals to reflect the Charter’s content (s 6 and s 7), including rights to information, protection from contact with the accused, return of property, bail‑related considerations, and parole submissions (s 6.2-6.16). Make clear which rights are available “on request” and where operational exceptions apply.
- Draft an internal compliance note that documents how the agency will “have regard to” the Charter (s 8(2)), specifying the circumstances in which certain Charter rights might be impracticable and the operational justifications to be recorded.
Create operational lines for victim information and notifications
- Set up a single point of contact for victims to make requests and complaints, and log all victim contacts to meet “on request” information obligations (s 6.2-6.6; s 6.15-6.16).
- For bail and prosecution matters ensure prosecutors are instructed to place victim protection needs before bail authorities when relevant (s 6.11); establish protocols to notify victims of special bail conditions and bail outcomes in qualifying cases (s 6.12-6.13).
Prepare to respond to Commissioner information notices and to assert exemptions
- Maintain a document management and legal rights register to enable expedited responses to s 27 notices: track privileged documents, court orders restricting disclosure, material that would prejudice criminal investigations, and public interest considerations under GIPA (s 28).
- Designate a legal contact who will promptly assess s 27 notices and advise on whether s 28 exemptions apply, documenting the legal basis for any non‑compliance with a notice.
Data sharing and privacy impact assessments
- Where the agency is a party to, or anticipates, an information sharing arrangement with the Commissioner under s 29, prepare and negotiate a clear MOU that limits the scope to the categories in s 29(4), sets out retention, access and security protocols, and confirms disclosures are “reasonably necessary” (s 29(5)-(6).
- Conduct privacy impact assessments where personal information (s 6.8 address protection issues) or sensitive victim data is involved. Note the s 8(3) exception for victims rights agencies exchanging victim contact information for service notification; ensure robust consent and minimisation practices.

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Victims Rights and Victims of Crime Commissioner Act 2025.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

3 Objects of Act

The objects of this Act are—

(a) to recognise and promote the rights of victims of crime under the Charter of Victims Rights, and

(b) to establish a Victims of Crime Commissioner.

Definitions

4 Definitions

The dictionary in Schedule 2 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Meaning of “victim of crime”

5 Meaning of “victim of crime”

(1) For this Act, a victim of crime is a person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of—

(a) a criminal offence, including a criminal offence involving a motor vehicle, or

(b) conduct of a kind referred to in the Modern Slavery Act 2018, section 5(1), definition of modern slavery, paragraph (b).

(2) A person suffers harm if, as a result of an act mentioned in subsection (1)—

(a) the person suffers actual physical bodily harm or psychological or psychiatric harm, or

(b) the person’s property is deliberately taken, destroyed or damaged.

(3) If the person dies as a result of the act, a member of the person’s immediate family is also a victim of crime for this Act.

(4) If a person dies as a result of the act and there is more than one member of the person’s immediate family, the members of the immediate family may nominate a representative for the Charter.

Part 2

Charter of Victims Rights

Part 2 Charter of Victims Rights

Charter of rights of victims of crime

6 Charter of rights of victims of crime

The following comprises the Charter of rights of victims of crime—

Additional matters for Charter of victims rights of forensic patients

7 Additional matters for Charter of victims rights of forensic patients

The following comprises the Charter of rights of victims of crime who are victims of forensic patients—

Implementation of Charter

8 Implementation of Charter

(1) The Charter must, as far as practicable and appropriate, govern the treatment of victims in the administration of the affairs of the State.

(2) An agency or person exercising official functions in the administration of the affairs of the State, other than judicial functions, must, to the extent it is relevant and practicable, have regard to the Charter in addition to other relevant matters.

(3) Despite subsection (2), the Charter, section 6.8 does not apply to a victims rights agency when disclosing, to the extent reasonably necessary, a victim’s contact information to another victims rights agency to allow that victims rights agency to inform the victim about services, support or assistance available to the victim, including about the victim’s eligibility to be recorded or included in a relevant victims register.

(4) The Commissioner may make recommendations to the Minister about changes to the Charter, including the following, after conducting research, consultation with victims of crime and consideration of systemic evidence about matters that impact on victims of crime—

(a) the addition of new rights to the Charter,

(b) the expansion of existing rights set out in the Charter,

(c) means of strengthening the enforceability of rights set out in the Charter.

(5) In this section—

administration of the affairs of the State includes the following—

(a) the administration of justice,

(b) the provision of police services,

(c) the administration of a department of the Government,

(d) the provision of services to victims of crime by a person or non-government agency funded by the State to provide the services,

(e) the administration of matters relating to forensic patients and victims of forensic patients.

Part 3

Complaints about contraventions of Charter

Part 3 Complaints about contraventions of Charter

Complaints about alleged contraventions of Charter

9 Complaints about alleged contraventions of Charter

A complaint may be made to the Commissioner about an alleged contravention of the Charter.

Who may make complaints

10 Who may make complaints

(1) The following persons may make a complaint about an alleged contravention of the Charter—

(a) a victim of crime,

(b) a person acting on behalf of a victim of crime,

(c) for a victim of crime who is less than 18 years of age—a parent of, or person with parental responsibility for, the victim of crime,

(d) an immediate family member of a missing person.

(2) The head of a government sector agency may refer a complaint about an alleged contravention of the Charter to the Commissioner.

How complaints to be made

11 How complaints to be made

(1) A complaint must be made in writing in the form approved by the Commissioner.

(2) If the Commissioner is satisfied a complainant needs help to make a complaint in writing or is unable to make a complaint in writing, the Commissioner may—

(a) give reasonable support to the complainant, or

(b) allow the complainant to make the complaint other than in writing.

Decision to be taken in relation to complaints

12 Decision to be taken in relation to complaints

(1) After receiving a complaint about an alleged contravention of the Charter, the Commissioner must decide to—

(a) investigate all or part of the complaint, or

Note—

See Part 6, which provides for the Commissioner’s powers in relation to an investigation of a complaint about an alleged contravention of the Charter.

(b) decline to investigate or otherwise deal with all or part of the complaint in accordance with section 13.

(2) If the Commissioner makes a decision referred to in subsection (1)(b), the Commissioner must, as soon as practicable after making the decision, give the person who made the complaint written notice of the following—

(a) the decision,

(b) the reasons for the decision.

Commissioner may decline to investigate or otherwise deal with complaints

13 Commissioner may decline to investigate or otherwise deal with complaints

(1) The Commissioner may decide to decline to investigate or otherwise deal with all or part of a complaint if the Commissioner is satisfied—

(a) the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by another entity, or

(b) the subject of the complaint or part of the complaint is being, or has been, dealt with by the Commissioner or another government sector agency, or

(c) an internal complaints mechanism relevant to the conduct the subject of the complaint or part of the complaint has not been exhausted, or

(d) the time that has passed since the conduct the subject of the complaint or part of the complaint occurred makes it impracticable to investigate the complaint or part of the complaint, or

(e) the conduct the subject of the complaint or part of the complaint would not amount to a contravention of the Charter, or

(f) the complaint or part of the complaint is frivolous or vexatious.

(2) If the Commissioner declines to investigate or otherwise deal with all or part of the complaint under subsection (1)(a), the Commissioner must refer the complaint or part of the complaint to the other entity.

Action after investigation of complaints

14 Action after investigation of complaints

(1) If the Commissioner decides to investigate all or part of a complaint, the Commissioner must decide to—

(a) make a recommendation that the head of the agency alleged to have contravened the Charter—

(i) apologise to the victim of crime or immediate family member of the missing person, or

(ii) require staff of the government sector agency to undertake further training in relation to the Charter, or

(iii) review a policy or procedure of the government sector agency, or

(iv) give the victim of crime or immediate family member of the missing person information, or

(b) make another recommendation the Commissioner considers appropriate, or

(c) refer the complaint or part of the complaint to another entity if the Commissioner considers the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by that entity, or

(d) take no further action.

(2) As soon as practicable after making a decision under subsection (1), the Commissioner must give notice of the decision and the reasons for the decision to—

(a) the person who made the complaint, and

(b) the head of the agency the subject of the complaint.

Part 4

Appointment of Commissioner

Part 4 Appointment of Commissioner

Appointment of Victims of Crime Commissioner

15 Appointment of Victims of Crime Commissioner

(1) The Governor may appoint a Victims of Crime Commissioner.

(2) The Commissioner holds office for the term, not more than 5 years, specified in the Commissioner’s instrument of appointment, but is eligible for reappointment.

(3) A person is not eligible to be appointed for more than 2 terms of office as Commissioner, whether or not consecutive terms.

(4) The office of Commissioner is a full-time office and the holder of the office must hold the office on that basis, except to the extent permitted by the Minister.

Employment and remuneration

16 Employment and remuneration

(1) The employment of the Commissioner must, subject to this Act, be governed by a contract of employment between the Commissioner and the Minister.

(2) The following provisions of, or made under, the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives (the relevant provisions) apply to the Commissioner—

(a) provisions relating to the band in which an executive must be employed,

(b) provisions relating to the contract of employment of an executive,

(c) provisions relating to the remuneration, employment benefits and allowances of an executive.

(3) For subsection (2), a reference in the relevant provisions to the employer of a Public Sector senior executive is taken to be a reference to the Minister.

(4) The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to the office, except as provided by this section.

Vacancy in office

17 Vacancy in office

(1) The office of Commissioner becomes vacant if the Commissioner—

(a) dies, or

(b) completes a term of office and is not reappointed, or

(c) resigns the office by written instrument addressed to the Minister, or

(d) is removed from office by the Governor under section 18, or

(e) becomes personally insolvent, or

(f) becomes a mentally incapacitated person, or

(g) is convicted—

(i) in New South Wales of an offence punishable by imprisonment for 12 months or more, or

(ii) elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or

(h) is imprisoned—

(i) in New South Wales in relation to a conviction for an offence, or

(ii) elsewhere than in New South Wales in relation to a conviction for an offence that, if committed in New South Wales, would be an offence punishable by imprisonment.

(2) If the office of Commissioner becomes vacant, a person must, subject to this Act, be appointed to fill the vacancy.

Removal from office

18 Removal from office

(1) The Governor may remove the Commissioner from office only for incompetence, incapacity or misbehaviour.

(2) The Commissioner must not be removed from office under the Government Sector Employment Act 2013, Part 6.

Acting Commissioner

19 Acting Commissioner

(1) The Minister may appoint a person to act as the Commissioner during—

(a) the illness or other absence of the Commissioner, or

(b) a vacancy in the office of Commissioner.

(2) The Minister may remove a person acting in the office of Commissioner.

(3) A person acting in the office of Commissioner is entitled to be paid the remuneration, including travelling and subsistence allowances, determined by the Minister.

Staff and related matters

20 Staff and related matters

(1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commissioner to exercise the Commissioner’s functions.

Note—

The Government Sector Employment Act 2013, section 59 provides that the persons employed under this section, or whose services the Commissioner makes use of, may be referred to as officers or employees, or members of staff, of the Commissioner. The Constitution Act 1902, section 47A precludes the Commissioner from employing staff.

(2) The Commissioner may—

(a) arrange for the use of the services of staff of a government sector agency, or

(b) arrange for the use of facilities of a government sector agency, or

(c) with the Minister’s approval, engage persons as consultants or contractors as necessary to enable the Commissioner to exercise the Commissioner’s functions.

Delegation

21 Delegation

The Commissioner may delegate any of the Commissioner’s functions, other than this power of delegation, to—

(a) a member of staff of the Commissioner, or

(b) a person of a class prescribed by the regulations.

Part 5

Functions of Commissioner

Part 5 Functions of Commissioner

Commissioner’s functions

22 Commissioner’s functions

(1) The Commissioner’s functions are as follows—

(a) to advocate for the rights of victims of crime at a systemic level,

(b) to identify and review systemic issues relating to victims of crime,

(c) to conduct and promote research into systemic issues relating to victims of crime,

(d) to consult victims of crime, community victims support groups and government sector agencies on systemic matters relating to victims of crime,

(e) to make recommendations to the Minister about systemic issues relating to victims of crime,

(f) other functions conferred or imposed on the Commissioner by this Act or another Act.

(2) The Commissioner has the following functions in relation to the Charter—

(a) to promote and oversee the implementation of the Charter, including by publishing codes, guidelines and other practical guidance on the implementation of the Charter,

(b) to make recommendations to assist agencies to improve their compliance with the Charter, including conducting training and recommending changes to policies and procedures,

(c) to—

(i) receive complaints from persons who, under section 10, may make complaints about alleged contraventions of the Charter, and

(ii) use the Commissioner’s best endeavours to resolve the complaints,

(d) to provide information and education to victims of crime about their rights under the Charter.

(3) A Minister or agency to whom a recommendation is made by the Commissioner in exercising the Commissioner’s functions must provide a written response to the Commissioner advising—

(a) whether or not the recommendation has been adopted, and

(b) if the recommendation has not been adopted—the reasons for the refusal or failure to adopt the recommendation.

(4) A response under subsection (3) must be provided by—

(a) the day that is 6 months after the recommendation is made, or

(b) the later day requested by the Minister or agency and agreed by the Commissioner.

(5) In exercising the Commissioner’s functions, the Commissioner must act independently and in the public interest.

Limitation on Commissioner’s functions

23 Limitation on Commissioner’s functions

(1) The Commissioner’s functions do not include—

(a) advocating for individual victims of crime, or

(b) inquiring into individual decisions made in relation to victims of crime, including decisions about eligibility for support under the Scheme, or

(c) investigating a complaint about an alleged contravention of the Charter if the investigation would—

(i) prejudice criminal proceedings, or

(ii) prejudice the investigation of a criminal offence, or

(iii) result in interference with the exercise of the jurisdiction of a court or tribunal, or

(d) inquiring into or reviewing decisions involving the exercise of prosecutorial discretion.

(2) The Commissioner must liaise with the following persons and bodies to avoid the Commissioner’s functions being exercised in a way that duplicates the functions of the persons and bodies—

(a) the Anti-slavery Commissioner under the Modern Slavery Act 2018,

(b) the Ageing and Disability Commissioner under the Ageing and Disability Commissioner Act 2019,

(c) another person or body prescribed by the regulations.

Commissioner’s independence

24 Commissioner’s independence

The Commissioner is not subject to the control and direction of the Minister in exercising the Commissioner’s functions under this Act.

Victims Advisory Committee

25 Victims Advisory Committee

(1) The Commissioner must establish an advisory committee (the Victims Advisory Committee).

(2) The function of the Victims Advisory Committee is to provide a consultative body to advise the Commissioner, at the Commissioner’s request, about the exercise of the Commissioner’s advocacy functions.

(3) The Victims Advisory Committee consists of the following members—

(a) the Commissioner, who is the chairperson of the Committee,

(b) not more than 6 members (appointed members) of the general community, appointed by the Commissioner, who—

(i) reflect the diversity of the general community and includes—

(A) at least one person who is an Aboriginal person, and

(B) at least one person who is a person living with a disability, and

(ii) have relevant knowledge of and experience in matters relating to victims of crime or are victims of crime, including, for at least one member, relevant knowledge of and experience in matters relating to victims of domestic and family violence or victims of sexual violence crime,

(c) a member nominated by the Commissioner of Police to represent the NSW Police Force,

(d) a member nominated by the Director of Public Prosecutions to represent the Office of the Director of Public Prosecutions,

(e) a member nominated by the Chief Executive Officer of the Legal Aid Commission to represent the Commission,

(f) a member nominated by the Secretary of the department in which this Act is administered to represent the department,

(g) the Scheme Executive.

(4) An appointed member—

(a) holds office for 3 years, and

(b) is eligible for reappointment as a member.

(5) In this section—

advocacy functions means the functions referred to in section 22(1)(a)–(e).

Part 6

Powers of Commissioner

Part 6 Powers of Commissioner

Definition

26 Definition

In this part—

information includes documents.

Powers of Commissioner to compel giving of information

27 Powers of Commissioner to compel giving of information

(1) For the purposes of investigating an alleged contravention of the Charter, the Commissioner may, by written notice—

(a) require an agency to give the Commissioner information, or

(b) ask a person to give the Commissioner information.

(2) A notice under subsection (1)—

(a) for a notice under subsection (1)(a)—must specify a day on or before which the information must be given, and

(b) for a notice under subsection (1)(b)—may specify a day on or before which the information must be given.

(3) A person who gives the Commissioner information the person knows is false or misleading in a material particular is guilty of an offence.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) otherwise—100 penalty units.

(4) If documents are given to the Commissioner under this section, the Commissioner—

(a) may take possession of, and make copies of or take extracts from, the documents, and

(b) may keep possession of the documents for the period necessary for exercising the function, and

(c) during that period, must permit the documents to be inspected at all reasonable times by the persons who would be entitled to inspect the documents if the documents were not in the Commissioner’s possession.

Exemption from requirement to give information

28 Exemption from requirement to give information

Despite section 27, an agency or person is not required to give information under that section if—

(a) there is an overriding public interest against disclosure of the information under the Government Information (Public Access) Act 2009 or if access to the information would otherwise be denied under that Act, or

(b) the information is subject to legal professional privilege, or

(c) the information is subject to an order made by a court or tribunal that prohibits or restricts the disclosure of information, by publication or otherwise, or

(d) giving the information would prejudice an ongoing criminal investigation or proceedings for a criminal offence, or

(e) giving the information would endanger a person’s life or physical safety.

Exchange of information with relevant agencies

29 Exchange of information with relevant agencies

(1) The Commissioner may give relevant information to a relevant agency to enable or assist the relevant agency to exercise the relevant agency’s functions.

(2) A relevant agency may give relevant information to the Commissioner to enable or assist the Commissioner’s exercise of the Commissioner’s functions.

(3) Without limiting subsection (1), the Commissioner may enter into an arrangement (an information sharing arrangement) with a relevant agency or the head of the relevant agency to share or exchange relevant information held by the Commissioner or the agency.

(4) The relevant information held by the Commissioner or a relevant agency that may be given under this section is limited to information about the following—

(a) a complaint about a contravention of the Charter made under this Act,

(b) matters relating to systemic issues relating to victims of crime,

(c) matters prescribed by the regulations.

(5) Under an information sharing arrangement, the Commissioner and the relevant agency are, despite another Act or law, authorised to—

(a) request and receive information held by the other party to the arrangement, and

(b) disclose information to the other party.

(6) Subsection (5) applies only to the extent the information is reasonably necessary to assist in the exercise of the functions of the Commissioner under this Act or the functions of the relevant agency.

(7) This section does not—

(a) require the Commissioner to give information to a relevant agency only in accordance with subsection (1), or with an information sharing arrangement, if the information may otherwise be lawfully given, or

(b) limit the operation of another Act or law under which a relevant agency is authorised or required to disclose information to another person or body.

(8) In this section—

relevant agency means the following—

(a) a government sector agency,

(b) another entity prescribed by the regulations.

Part 7

Reporting

Part 7 Reporting

Annual reports to Parliament

30 Annual reports to Parliament

(1) The Commissioner must, by 31 October in each year—

(a) prepare a report (an annual report) on the activities of the Commissioner during the financial year ending on the previous 30 June, and

(b) give the report to the Minister.

(2) An annual report must include the following for the financial year to which the report relates—

(a) a description of the Commissioner’s activities in relation to each of the Commissioner’s functions,

(b) information about the number of—

(i) complaints made or referred to the Commissioner, and

(ii) complaints resolved by the Commissioner, and

(iii) complaints that have not been resolved by the Commissioner, other than complaints the Commissioner has refused to deal with, and

(iv) complaints the Commissioner has refused to deal with, and

(v) recommendations made under section 14(1)(a)–(c), and

(vi) decisions to take no further action under section 14(1)(d),

(c) information about recommendations made by the Commissioner to the Minister or agencies and the responses to the recommendations, including whether the recommendations have been adopted and the reasons for not adopting recommendations.

(3) The Minister must, within 14 days after receiving an annual report, give the report to the Presiding Officer of each House of Parliament.

(4) A copy of an annual report given to the Presiding Officer of a House of Parliament under subsection (3) must be laid before the House within 5 sitting days of the House after the report is received by the Presiding Officer.

(5) If an annual report includes a recommendation by the Commissioner that the report be made public immediately, the Presiding Officer of a House of Parliament may make the annual report public whether or not the House is in session and whether or not the report has been laid before the House.

Special reports to Parliament and Minister

31 Special reports to Parliament and Minister

(1) The Commissioner may, on the Commissioner’s own initiative or at the request of the Minister—

(a) prepare a report (a special report) on a matter relating to the functions of the Commissioner, including the implementation of the Charter and contraventions of the Charter, and

(b) give the special report to the Minister.

(2) The Minister must, within 14 days after receiving a special report, give the report to the Presiding Officer of each House of Parliament.

(3) A copy of a special report given to the Presiding Officer of a House of Parliament under subsection (2) must be laid before the House within 5 sitting days of the House after the report is received by the Presiding Officer.

(4) If a special report includes a recommendation by the Commissioner that the report be made public immediately, the Presiding Officer of a House of Parliament may make the special report public whether or not the House is in session and whether or not the report has been laid before the House.

Part 8

Miscellaneous

Part 8 Miscellaneous

Disclosure of information

32 Disclosure of information

A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act, or

(c) for the purposes of legal proceedings arising out of this Act or a report of the proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or

(e) with another lawful excuse.

Maximum penalty—50 penalty units.

Personal liability

33 Personal liability

(1) A matter or thing done or omitted to be done by any of the following persons does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject the person personally to any action, liability, claim or demand—

(a) the Commissioner,

(b) a member of staff of the Commissioner,

(c) a member of an advisory committee.

(2) However, the liability attaches instead to the Crown.

Review of Act

34 Review of Act

(1) The Minister must review this Act to determine whether—

(a) the policy objectives of the Act remain valid, and

(b) the terms of the Act remain appropriate for achieving the objectives.

(2) The review must be undertaken as soon as practicable after the period of 3 years from the commencement of this Act.

(3) A report on the outcome of the review must be tabled in each House of Parliament within 4 years after the commencement of this Act.

Regulations

35 Regulations

The Governor may make regulations about a matter that is—

(a) required or permitted by this Act to be prescribed, or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1

Savings, transitional and other provisions

Schedule 1 Savings, transitional and other provisions

Schedule 2

Dictionary

Schedule 2 Dictionary

section 4

agency means—

(a) a government sector agency, or

(b) an entity funded by the State to provide support services to victims of crime.

Charter means the Charter of Victims Rights comprising—

(a) the Charter of rights of victims of crime set out in section 6, and

(b) the Charter of rights of victims of crime who are victims of forensic patients set out in section 7.

Commissioner means the Victims of Crime Commissioner.

exercise a function includes perform a duty.

function includes a power, authority or duty.

government sector agency has the same meaning as in the Government Sector Employment Act 2013.

information, for Part 6—see section 26.

relevant victims register has the same meaning as in the Victims Support Act 2013.

Scheme has the same meaning as in the Victims Support Act 2013.

Scheme Executive has the same meaning as in the Victims Support Act 2013.

victim of crime—see section 5.

Victims of Crime Commissioner means the person appointed under section 15.

victims rights agency has the same meaning as in the Victims Support Act 2013.

Schedule 3

Amendment of Victims Rights and Support Act 2013 No 37

Schedule 3 Amendment of Victims Rights and Support Act 2013 No 37

sch.3-sec.25-frag-pt

Provisions consequent on enactment of Victims Rights and Victims of Crime Commissioner Act 2025

sch.3-sec.25-frag-pt Provisions consequent on enactment of Victims Rights and Victims of Crime Commissioner Act 2025

Part Provisions consequent on enactment of Victims Rights and Victims of Crime Commissioner Act 2025

Note—

See also the Victims Rights and Victims of Crime Commissioner Act 2025, Schedule 2, Part 2, which provides for additional savings and transitional matters consequent on the enactment of that Act.

Schedule 4

Amendment of other legislation

Schedule 4 Amendment of other legislation

4.1 Anti-Discrimination Act 1977 No 48

4.2 Children and Young Persons (Care and Protection) Act 1998 No 157

4.3 Children (Criminal Proceedings) Act 1987 No 55

4.4 Civil and Administrative Tribunal Act 2013 No 2

4.5 Civil Liability Act 2002 No 22

4.6 Coroners Act 2009 No 41

4.7 Crimes (Administration of Sentences) Act 1999 No 93

4.8 Crimes (Appeal and Review) Act 2001 No 120

4.9 Crimes (Sentencing Procedure) Act 1999 No 92

4.10 Crimes (Sentencing Procedure) Regulation 2024

4.11 Criminal Appeal Act 1912 No 16

4.12 Criminal Assets Recovery Act 1990 No 23

4.13 Criminal Procedure Act 1986 No 209

4.14 Criminal Procedure Regulation 2017

4.15 District Court Act 1973 No 9

4.16 Fines Act 1996 No 99

4.17 Government Information (Public Access) Act 2009 No 52

4.18 Government Information (Public Access) Regulation 2018

4.19 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 No 12

4.20 Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021

4.21 Residential Tenancies Act 2010 No 42

4.22 Residential Tenancies Regulation 2019

4.23 Terrorism (High Risk Offenders) Regulation 2024

4.24 Victims Rights and Support Regulation 2019

sch.4-ssch.4.1-sec

Section 111A Compensation to offenders in custody—payment to Victims Support Fund

sch.4-ssch.4.1-sec Section 111A Compensation to offenders in custody—payment to Victims Support Fund

Section 111A Compensation to offenders in custody—payment to Victims Support Fund

Omit “Rights and” from section 111A(2).

sch.4-ssch.4.2-sec

Section 29 Protection of persons who make reports or provide certain information

sch.4-ssch.4.2-sec Section 29 Protection of persons who make reports or provide certain information

Section 29 Protection of persons who make reports or provide certain information

Omit “Rights and” from section 29(1)(d)(iv).

sch.4-ssch.4.3-sec

Section 36 Compensation

sch.4-ssch.4.3-sec Section 36 Compensation

Section 36 Compensation

Omit “Rights and” from section 36(1).

sch.4-ssch.4.4-sec

Schedule 3 Administrative and Equal Opportunity Division

sch.4-ssch.4.4-sec Schedule 3 Administrative and Equal Opportunity Division

Schedule 3 Administrative and Equal Opportunity Division

Omit “Rights and” wherever occurring in clauses 3(1)(a), 13(c), 13B and 15(g).

sch.4-ssch.4.5-sec

Sections 3B(1)(h) and 26J(2), (3) and (3C)

sch.4-ssch.4.5-sec Sections 3B(1)(h) and 26J(2), (3) and (3C)

Sections 3B(1)(h) and 26J(2), (3) and (3C)

Omit “Rights and” wherever occurring.

sch.4-ssch.4.6-sec

Section 101E Members of Team

sch.4-ssch.4.6-sec Section 101E Members of Team

Section 101E Members of Team

Omit section 101E(5)(b). Insert instead—

(b) the Victims of Crime Commissioner appointed under the Victims Rights and Victims of Crime Commissioner Act 2025,

sch.4-ssch.4.7-sec

Sections 138(1B), 141(3B) and 151(1B)

sch.4-ssch.4.7-sec Sections 138(1B), 141(3B) and 151(1B)

Sections 138(1B), 141(3B) and 151(1B)

Omit “Rights and” wherever occurring.

sch.4-ssch.4.8-sec

Section 3 Definitions

sch.4-ssch.4.8-sec Section 3 Definitions

Section 3 Definitions

Omit “Rights and” from section 3(1), definition of sentence, paragraph (a)(iv).

sch.4-ssch.4.9-sec

Section 10 Dismissal of charges and conditional discharge of offender

sch.4-ssch.4.9-sec Section 10 Dismissal of charges and conditional discharge of offender

Section 10 Dismissal of charges and conditional discharge of offender

Omit “Rights and” from section 10(4)(b).

sch.4-ssch.4.10-sec

Section 11 Persons who may assist victim—the Act, s 30(4)

sch.4-ssch.4.10-sec Section 11 Persons who may assist victim—the Act, s 30(4)

Section 11 Persons who may assist victim—the Act, s 30(4)

Omit “Rights and” from section 11(5), definition of qualified person, paragraph (a).

sch.4-ssch.4.11-sec

Section 2 Definitions

sch.4-ssch.4.11-sec Section 2 Definitions

Section 2 Definitions

Omit “Rights and” from section 2(1), definition of Sentence, paragraph (f).

sch.4-ssch.4.12-sec

Section 32 Establishment and use of Proceeds Account

sch.4-ssch.4.12-sec Section 32 Establishment and use of Proceeds Account

Section 32 Establishment and use of Proceeds Account

Omit “Rights and” from section 32(3)(c).

sch.4-ssch.4.13-sec

Sections 306ZA(d) and 306ZK(1)(d)

sch.4-ssch.4.13-sec Sections 306ZA(d) and 306ZK(1)(d)

Sections 306ZA(d) and 306ZK(1)(d)

Omit “Rights and” wherever occurring.

sch.4-ssch.4.14-sec

Clauses 32, definition of “victim” and 97(1), definition of “victim”

sch.4-ssch.4.14-sec Clauses 32, definition of “victim” and 97(1), definition of “victim”

Clauses 32, definition of “victim” and 97(1), definition of “victim”

Omit “Victims Rights and Support Act 2013” wherever occurring.

Insert instead “Victims Rights and Victims of Crime Commissioner Act 2025”.

sch.4-ssch.4.15-sec

Section 171 Criminal procedure rules

sch.4-ssch.4.15-sec Section 171 Criminal procedure rules

Section 171 Criminal procedure rules

Omit “Rights and” from section 171(2)(j).

sch.4-ssch.4.18-sec

Schedule 3 Agencies declared to be part of other agencies

sch.4-ssch.4.18-sec Schedule 3 Agencies declared to be part of other agencies

Schedule 3 Agencies declared to be part of other agencies

Omit “Victims Advisory Board”. Insert instead “Victims Advisory Committee”.

sch.4-ssch.4.21-sec

Section 105A Definitions

sch.4-ssch.4.21-sec Section 105A Definitions

Section 105A Definitions

Omit “Commissioner of Victims Rights under the Victims Rights and Support Act 2013” from the definition of competent person, paragraph (e).

Insert instead “Scheme Executive under the Victims Support Act 2013”.

sch.4-ssch.4.23-sec

Schedule 2 Compellable persons

sch.4-ssch.4.23-sec Schedule 2 Compellable persons

Schedule 2 Compellable persons

Omit item 10. Insert instead—

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Victims Rights and Victims of Crime Commissioner Act 2025.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

The objects of this Act are—

(a) to recognise and promote the rights of victims of crime under the Charter of Victims Rights, and

(b) to establish a Victims of Crime Commissioner.

4 Definitions

The dictionary in Schedule 2 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

5 Meaning of “victim of crime”

(1) For this Act, a victim of crime is a person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of—

(a) a criminal offence, including a criminal offence involving a motor vehicle, or

(b) conduct of a kind referred to in the Modern Slavery Act 2018, section 5(1), definition of modern slavery, paragraph (b).

(2) A person suffers harm if, as a result of an act mentioned in subsection (1)—

(a) the person suffers actual physical bodily harm or psychological or psychiatric harm, or

(b) the person’s property is deliberately taken, destroyed or damaged.

(3) If the person dies as a result of the act, a member of the person’s immediate family is also a victim of crime for this Act.

(4) If a person dies as a result of the act and there is more than one member of the person’s immediate family, the members of the immediate family may nominate a representative for the Charter.

Part 2 Charter of Victims Rights

6 Charter of rights of victims of crime

The following comprises the Charter of rights of victims of crime—

6 Courtesy, compassion, cultural sensitivity and respect

6.1 Courtesy, compassion, cultural sensitivity and respect

A victim will be treated with courtesy, compassion, cultural sensitivity and respect for the victim’s rights and dignity.

6 Information about services and remedies

6.2 Information about services and remedies

A victim will be informed at the earliest practical opportunity, by relevant agencies and officials, of the services and remedies available to the victim.

6 Access to services

6.3 Access to services

A victim will have access where necessary to available welfare, health, counselling and legal assistance responsive to the victim’s needs.

6 Information about investigation of crime

6.4 Information about investigation of crime

(1) A victim will, on request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation.

(2) If the disclosure might jeopardise the investigation, the victim will be advised that the victim cannot be informed of the progress of the investigation of the crime for that reason.

6 Information about prosecution of accused

6.5 Information about prosecution of accused

(1) A victim will be informed in a timely way of the following—

(a) the charges laid against the accused or the reasons for not laying charges,

(b) a decision of the prosecution to modify or not proceed with charges laid against the accused, including a decision to accept a plea of guilty by the accused to a less serious charge in return for a full discharge in relation to the other charges,

(c) the date and place of a hearing of a charge laid against the accused,

(d) the outcome of the criminal proceedings against the accused, including proceedings on appeal, and the sentence, if any, imposed.

(2) A victim will be consulted before a decision referred to in subsection (1)(b) is made if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm or psychological or psychiatric harm to the victim, unless—

(a) the victim has indicated the victim does not wish to be consulted, or

(b) the whereabouts of the victim cannot be ascertained after reasonable inquiry.

6 Information about trial process and role as witness

6.6 Information about trial process and role as witness

A victim who is a witness in the trial for the crime will be informed about the trial process and the role of the victim as a witness in the prosecution of the accused.

6 Protection from contact with accused

6.7 Protection from contact with accused

A victim will be protected from unnecessary contact with the accused and defence witnesses during court proceedings.

6 Protection of identity of victim

6.8 Protection of identity of victim

A victim’s residential address and telephone number will not be disclosed unless a court otherwise directs.

6 Attendance at preliminary hearings

6.9 Attendance at preliminary hearings

A victim will be relieved from appearing at preliminary hearings or committal hearings unless the court otherwise directs.

6 Return of property of victim held by State

6.10 Return of property of victim held by State

If property of a victim is held by the State for investigation or evidence, the inconvenience to the victim will be minimised and the property returned promptly.

6 Protection from accused

6.11 Protection from accused

A victim’s need or perceived need for protection will be put before a bail authority by the prosecutor in a bail application by the accused.

6 Information about special bail conditions

6.12 Information about special bail conditions

A victim will be informed about special bail conditions imposed on the accused that are designed to protect the victim or the victim’s family.

6 Information about outcome of bail application

6.13 Information about outcome of bail application

A victim will be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.

6 Victim impact statement

6.14 Victim impact statement

A relevant victim will have access to information and assistance for the preparation of a victim impact statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.

6 Information about impending release, escape or eligibility for absence from custody

6.15 Information about impending release, escape or eligibility for absence from custody

A victim will, on request, be kept informed of—

(a) the offender’s impending release or escape from custody, or

(b) a change in security classification that results in the offender being eligible for unescorted absences from custody.

6 Submissions on parole and eligibility for absence from custody of serious offenders

6.16 Submissions on parole and eligibility for absence from custody of serious offenders

A victim will, on request, be given an opportunity to make submissions about—

(a) the granting of parole to a serious offender, or

(b) a change in security classification that would result in a serious offender being eligible for unescorted absences from custody.

6 Financial assistance for victims of personal violence

6.17 Financial assistance for victims of personal violence

A victim of a crime involving sexual or other serious personal violence is entitled to make a claim under the Scheme.

6 Information about complaint procedure where Charter is contravened

6.18 Information about complaint procedure where Charter is contravened

A victim—

(a) may make a complaint about a contravention of the Charter, and

(b) will, on request, be given information about the procedure for making a complaint.

7 Additional matters for Charter of victims rights of forensic patients

The following comprises the Charter of rights of victims of crime who are victims of forensic patients—

7 General matters

7.1 General matters

Each right referred to in section 6.

7 Treatment of victim

7.2 Treatment of victim

(1) A victim will be treated with respect and compassion, having regard to the fact that proceedings may touch on painful or tragic events in the victim’s life and cause the victim to experience further grief and distress.

(2) A victim making a submission before the Mental Health Review Tribunal should be listened to respectfully and in a way that is cognisant of the effects of the victim’s experience and the benefit of expressing views about its impact.

7 Information about reviews of and other proceedings relating to forensic patients

7.3 Information about reviews of and other proceedings relating to forensic patients

A victim will be informed in a timely way of a matter before the Mental Health Review Tribunal, or the release of or granting of leave to a forensic patient or another matter, that the victim must be informed of under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

8 Implementation of Charter

(1) The Charter must, as far as practicable and appropriate, govern the treatment of victims in the administration of the affairs of the State.

(2) An agency or person exercising official functions in the administration of the affairs of the State, other than judicial functions, must, to the extent it is relevant and practicable, have regard to the Charter in addition to other relevant matters.

(3) Despite subsection (2), the Charter, section 6.8 does not apply to a victims rights agency when disclosing, to the extent reasonably necessary, a victim’s contact information to another victims rights agency to allow that victims rights agency to inform the victim about services, support or assistance available to the victim, including about the victim’s eligibility to be recorded or included in a relevant victims register.

(4) The Commissioner may make recommendations to the Minister about changes to the Charter, including the following, after conducting research, consultation with victims of crime and consideration of systemic evidence about matters that impact on victims of crime—

(a) the addition of new rights to the Charter,

(b) the expansion of existing rights set out in the Charter,

(c) means of strengthening the enforceability of rights set out in the Charter.

(5) In this section—

administration of the affairs of the State includes the following—

(a) the administration of justice,

(b) the provision of police services,

(c) the administration of a department of the Government,

(d) the provision of services to victims of crime by a person or non-government agency funded by the State to provide the services,

(e) the administration of matters relating to forensic patients and victims of forensic patients.

Part 3 Complaints about contraventions of Charter

9 Complaints about alleged contraventions of Charter

A complaint may be made to the Commissioner about an alleged contravention of the Charter.

10 Who may make complaints

(1) The following persons may make a complaint about an alleged contravention of the Charter—

(a) a victim of crime,

(b) a person acting on behalf of a victim of crime,

(c) for a victim of crime who is less than 18 years of age—a parent of, or person with parental responsibility for, the victim of crime,

(d) an immediate family member of a missing person.

(2) The head of a government sector agency may refer a complaint about an alleged contravention of the Charter to the Commissioner.

11 How complaints to be made

(1) A complaint must be made in writing in the form approved by the Commissioner.

(2) If the Commissioner is satisfied a complainant needs help to make a complaint in writing or is unable to make a complaint in writing, the Commissioner may—

(a) give reasonable support to the complainant, or

(b) allow the complainant to make the complaint other than in writing.

12 Decision to be taken in relation to complaints

(1) After receiving a complaint about an alleged contravention of the Charter, the Commissioner must decide to—

(a) investigate all or part of the complaint, or

Note—

See Part 6, which provides for the Commissioner’s powers in relation to an investigation of a complaint about an alleged contravention of the Charter.

(b) decline to investigate or otherwise deal with all or part of the complaint in accordance with section 13.

(2) If the Commissioner makes a decision referred to in subsection (1)(b), the Commissioner must, as soon as practicable after making the decision, give the person who made the complaint written notice of the following—

(a) the decision,

(b) the reasons for the decision.

13 Commissioner may decline to investigate or otherwise deal with complaints

(1) The Commissioner may decide to decline to investigate or otherwise deal with all or part of a complaint if the Commissioner is satisfied—

(a) the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by another entity, or

(b) the subject of the complaint or part of the complaint is being, or has been, dealt with by the Commissioner or another g

This is an opening excerpt, not the complete document.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

Commencement

2 Commencement

Objects of Act

3 Objects of Act

Definitions

4 Definitions

Meaning of “victim of crime”

5 Meaning of “victim of crime”

Charter of Victims Rights

Part 2 Charter of Victims Rights

Charter of rights of victims of crime

6 Charter of rights of victims of crime

Additional matters for Charter of victims rights of forensic patients

7 Additional matters for Charter of victims rights of forensic patients

Implementation of Charter

8 Implementation of Charter

Complaints about contraventions of Charter

Part 3 Complaints about contraventions of Charter

Complaints about alleged contraventions of Charter

9 Complaints about alleged contraventions of Charter

Who may make complaints

10 Who may make complaints

How complaints to be made

11 How complaints to be made

Decision to be taken in relation to complaints

12 Decision to be taken in relation to complaints

Commissioner may decline to investigate or otherwise deal with complaints

13 Commissioner may decline to investigate or otherwise deal with complaints

Action after investigation of complaints

14 Action after investigation of complaints

Appointment of Commissioner

Part 4 Appointment of Commissioner

Appointment of Victims of Crime Commissioner

15 Appointment of Victims of Crime Commissioner

Employment and remuneration

16 Employment and remuneration

Vacancy in office

17 Vacancy in office

Removal from office

18 Removal from office

Acting Commissioner

19 Acting Commissioner

Staff and related matters

20 Staff and related matters

Delegation

21 Delegation

Functions of Commissioner

Part 5 Functions of Commissioner

Commissioner’s functions

22 Commissioner’s functions

Limitation on Commissioner’s functions

23 Limitation on Commissioner’s functions

Commissioner’s independence

24 Commissioner’s independence

Victims Advisory Committee

25 Victims Advisory Committee

Powers of Commissioner

Part 6 Powers of Commissioner

Definition

26 Definition

Powers of Commissioner to compel giving of information

27 Powers of Commissioner to compel giving of information

Exemption from requirement to give information