New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
The following Bills are cognate with this Bill:
Victims Compensation Bill 1996
Sentencing Amendment (Parole) Bill 1996.
* Amended in committee--see table at end of volume.
Preliminary
Clause 1 specifies the name (also called the short title) of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day or days to
be appointed by the Governor-in-Council.
Clause 3 sets out the object of the proposed Act.
Clause 4 defines expressions used in the proposed Act.
Clause 5 defines the principal expression victim of crime. A victim of crime
is any person who suffers personal harm or harm to property as a direct result
of a criminal offence committed by another person, and includes a member of
the immediate family of a victim who dies as a result of such a criminal
offence.
Part 2
Charter of Victims Rights
Clause 6 sets out the Charter of rights of victims of crime.
Clause 7 provides that the
is to govern, as far as practicable and
appropriate, the treatment of victims of crime in the administration of the
affairs of the State., Agencies and
are required to have regard to the
Charter to the extent that it is relevant and practicable to do so.
Clause 8 provides that legal rights are not created or affected by the Charter,
but provides that breaches of the Charter can be the subject of disciplinary
proceedings against officials and complaints to the proposed Victims of
Crime Bureau.
Part 3
Victims of Crime Bureau
Clause 9 establishes a Victims of Crime Bureau within the Attorney
General's Department.
Clause 10 sets out the functions of the Victims of Crime Bureau, which
include providing information and assistance to victims of crime,
co-ordinating support services to victims and encouraging their effective and
efficient delivery, promoting and overseeing the
of the
Charter of Victims Rights and receiving complaints from victims about
breaches of the Charter and using its best endeavours to resolve the
complaints.
Clause 11 provides for special reports to Parliament by the Victims of Crime
Bureau.
Explanatory note page 2
Part 4
Victims Advisory Board
Clause 12 establishes the Victims Advisory Board.
Clause 13 provides for the membership of the Board (including
representatives of the general community, Police Service, Attorney General's
Department and other Government agencies).
Clause 14 sets out the advisory and other functions of the Board relating to
victims of crime.
Part 5
Miscellaneous
Clause 15 provides that the proposed Act binds the Crown.
Clause 16 enables the making of regulations for the purposes of the
proposed Act.
Clause 17 is a formal provision that gives effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 2. The clause also makes a
consequential repeal of an uncommenced Act.
Clause 18 provides for the review of the proposed Act after 5 years.
Schedules
Schedule 1 contains provisions relating to the membership and procedure of
the Victims Advisory Board.
Schedule 2 amends the Criminal Procedure Act 1986.
Section 447C of the Crimes Act 1900 (which relates to victim impact
statements for serious offences) was inserted by the Crimes (Sentencing)
Amendment Act 1987, but has not yet commenced.
Section 17 of the proposed Act repeals the amending Act and Schedule 2
re-enacts the provisions of section 447C in the Criminal Procedure Act
1986. The original section will be amended:
(a)
to provide that the Supreme Court may take into account victim impact
statements when exercising its functions under section 13A of the
Sentencing Act 1989 to substitute minimum and additional terms of
imprisonment for existing life sentences, and
(b)
to provide that a victim impact statement is not mandatory and that the
absence of a victim impact statement is not to give rise to an inference
that an offence had little or no impact on a victim, and
(c)
to enable family representatives of victims who are dead or
incapacitated to act for the victim in connection with giving or
objecting to victim impact statements.
Explanatory note page 3