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This is a Bill, not an Act. For current law, see the Acts databases.
VICTIMS OF CRIME RIGHTS AND SERVICES BILL 2006
Serial 44
Victims of Crime Rights
and Services Bill 2006
Dr
Toyne
AN ACT
to
establish bodies to promote the rights of victims of criminal offences and
provide services to those victims, and for related matters
NORTHERN TERRITORY OF
AUSTRALIA
victims OF CRIME RIGHTS AND SERVICES act
2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
PART
1 – PRELIMINARY MATTERS
Short title
This Act may be cited as the Victims of Crime Rights and
Services
Act 2006.
Commencement
This Act comes into operation on the date, or respective
dates, fixed by the Administrator by notice in the
Gazette.
Objects
The objects of this Act are:
(a) to establish the Crime Victims Services Unit to promote
the rights of victims, administer schemes for providing counselling and
financial assistance to victims, establish and operate the Victims Register and
assist victims generally; and
(b) to establish the Crime Victims Advisory Committee to
advise the Minister about the interests and rights of victims and the services
provided to victims; and
(c) to enable registered victims of violent criminal
offences, and people concerned with particular criminal offences, to be given
specified information relating to the offenders who committed the offences;
and
(d) to enable the Minister to issue a Charter of Victims
Rights for the protection and promotion of the rights of victims and issue
guidelines to assist the administration of this Act.
Definitions
In this Act, unless the contrary intention
appears:
"Advisory Committee" means the Crime Victims Advisory
Committee established by section ;
"approved organisation" means an organisation approved under
section (4);
"chairperson" means the chairperson of the Advisory
Committee appointed under section (2)(a);
"charter" means the Charter of Victims Rights issued under
section ;
"child" means a person who is less than 18 years of
age;
"counselling scheme" means the Victims Counselling Scheme
established by the Victims of Crime Assistance Act;
"CVSU" means the Crime Victims Services Unit established by
section ;
"CVSU officer" means a person holding or occupying the
office of CVSU officer mentioned in section (1);
"Director" means the person holding or occupying the office
of Director of the CVSU mentioned in section (1);
"Director of Correctional Services" means the person holding
or occupying the office of Director of Correctional Services under the
Prisons (Correctional Services) Act;
"financial assistance scheme" means the Victims Financial
Assistance Scheme established by the Victims of Crime Assistance
Act;
"imprisonment" includes detention;
"member" means a member of the Advisory
Committee;
"Parole Board" means the Parole Board of the Northern
Territory established by the Parole of Prisoners Act;
"parole order" has the same meaning as in the Parole of
Prisoners Act;
"prison" includes detention centre;
"register" means the Victims Register established under
section (b);
"registered" means entered on the register;
"relevant offence", for Part 4, has the meaning in section
;
"relevant offender", in relation to a registered person,
means the offender about whom the registered person is entitled to be given
specified information;
"victim" means a victim of a criminal
offence.
PART
2 – CRIME VICTIMS SERVICES UNIT
Establishment of CVSU
(1) The Crime Victims Services Unit is
established.
(2) The CVSU is constituted by the Director and CVSU
officers.
Director
(1) The Chief Executive Officer may in writing appoint a
public sector employee to the office of Director of the CVSU.
(2) The Director must manage the operations of the CVSU and
may perform any of its functions.
(3) The Director also has any other functions conferred on
the Director under this or any other Act.
(4) The Director has the powers necessary or convenient for
the performance of the functions of office.
CVSU officers
(1) The Chief Executive Officer may in writing appoint
public sector employees to be CVSU officers.
(2) A CVSU officer may perform the functions of the CVSU in
accordance with the directions of the Director.
(3) A CVSU officer has the powers necessary or convenient
for the performance of the officer's functions.
Functions of CVSU
The CVSU has the following functions:
(a) to administer the financial assistance scheme and
counselling scheme;
(b) to establish and operate the register;
(c) to coordinate services provided to victims by the
Territory and to promote the effective delivery of those
services;
(d) to provide information to victims about other services
provided to victims;
(e) to promote and oversee the operation of the
charter;
(f) to assist victims to exercise their rights, including by
helping them to access information about an alleged offender before and during
court proceedings;
(g) to educate the community about the rights of
victims;
(h) any other functions conferred on the CVSU by the
Minister or under this or any other Act.
Annual report
(1) The Director must, within 3 months after the end of
each financial year, give the Chief Executive Officer an annual report on the
operation of the CVSU for the year.
(2) The annual report must include details about the
administration of the financial assistance scheme and counselling scheme and the
operation of the register.
part
3 – CRIME Victims Advisory Committee
Establishment and constitution of Advisory
Committee
(1) The Crime Victims Advisory Committee is
established.
(2) The Advisory Committee is constituted by the following
members:
(a) a person who:
(i) has qualifications or experience as a legal
practitioner, medical practitioner, psychologist, psychiatrist or counsellor;
and
(ii) is appointed by the Minister;
(b) a person who:
(i) is a legal practitioner not employed by the Territory
or Commonwealth; and
(ii) is appointed by the Minister after consulting with
organisations representing the interests of legal practitioners in the
Territory;
(c) a person who:
(i) is a medical practitioner not employed by the Territory
or Commonwealth; and
(ii) is appointed by the Minister after consulting with
organisations representing the interests of medical practitioners in the
Territory;
(d) 2 persons, each of whom:
(i) is involved in the day-to-day operations in the
Territory of an approved organisation; and
(ii) is appointed by the Minister on the recommendation of
the organisation;
(e) 2 other persons appointed by the
Director;
(f) the Director or a person nominated by the
Director;
(g) the Commissioner of Police or a person nominated by the
Commissioner;
(h) the Chief Executive Officer of the Agency primarily
responsible for providing health services or community welfare services, as
decided by the Minister, or a person nominated by the relevant Chief Executive
Officer;
(i) 2 persons nominated by the Chief Executive Officer, of
whom:
(i) one must have expertise in legal matters;
and
(ii) one must have expertise in correctional
services.
(3) The member mentioned in subsection (2)(a) is the
chairperson.
(4) For subsection (2)(d), the Minister may approve an
organisation providing counselling and assistance to victims.
(5) For subsection (2)(i), the Chief Executive Officer may
be a member instead of nominating one of the persons mentioned in the
subsection.
Term of appointment
The members appointed by the Minister hold office for 2
years from the date of appointment but are eligible for
re-appointment.
Resignation and removal of member
(1) A member may resign from office by giving the Minister
a written notice of resignation.
(2) The Minister may terminate the appointment of a
member:
(a) for misbehaviour or incapacity; or
(b) if the member is appointed under section (2)(d) and the
approved organisation that recommended the appointment gives the Minister
written notice that the person is no longer involved in the
day-to-day operations of the organisation in the
Territory.
(3) The Minister must terminate the appointment of a member
who:
(a) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for their benefit;
or
(b) becomes of unsound mind; or
(c) is convicted of an offence punishable by imprisonment;
or
(d) is absent from 3 consecutive meetings of the Advisory
Committee without the Minister's consent; or
(e) ceases to hold the qualification required for
appointment; or
(f) ceases to reside in the Territory.
Holding meetings
(1) The Advisory Committee must meet when necessary, but
not less than at 6 monthly intervals.
(2) The chairperson may convene meetings, by written notice
to the other members, to be held at the time and place specified in the
notice.
(3) If the Minister requests the chairperson to convene a
meeting, the chairperson must do so.
Procedure at meetings
(1) Subject to this section, the procedure at meetings of
the Advisory Committee is as decided by the members.
(2) A quorum at a meeting is constituted by 7
members.
(3) The chairperson must preside at the meetings at which
the chairperson is present.
(4) In the chairperson's absence from a meeting the members
present must elect a member to preside.
(5) A question arising at a meeting must be decided by a
majority of votes of members present and voting.
(6) The chairperson or presiding member has only a
deliberative vote and if there are equal votes on a question it is decided in
the negative.
(7) The Advisory Committee must keep a record of its
meetings.
Defect or vacancy etc. does not invalidate
decision
A decision or act of the Advisory Committee is not
invalidated merely because of any of the following:
(a) a defect in the appointment of a
member;
(b) a disqualification of a member;
(c) a defect in the convening of the
meeting;
(d) a vacancy in the membership.
Functions and powers of Advisory Committee
(1) The Advisory Committee has the following
functions:
(a) to advise the Minister on matters affecting the
interests or rights of victims;
(b) to investigate, report and make recommendations to the
Minister about matters referred to it by the Minister;
(c) to disseminate information relating to matters affecting
the interests or rights of victims;
(d) to assist in the coordination of organisations involved
in, and initiatives for, the provision of services to victims, including
services provided by the Territory;
(e) any other functions conferred on it by the Minister or
under this or any other Act.
(2) When referring a matter to the Advisory Committee for
an investigation, report and recommendations, the Minister may require the
report and recommendations within a specified time.
(3) The Advisory Committee has the powers necessary or
convenient for the performance of its functions.
PART
4 – VICTIMS REGISTER
Application of Part
This Part applies only in relation to an offender who is
sentenced to a term of imprisonment in the Territory for a relevant offence,
regardless of any of the following:
(a) whether the offence was committed in the Territory or
elsewhere;
(b) whether the offence was committed before the
commencement of this Part;
(c) whether all or a part of the term of imprisonment is
suspended;
(d) the age of the offender.
Relevant offence
A relevant offence is:
(a) a criminal offence involving the threat or use of
violence, regardless of whether the violence is threatened or used against a
person; or
(b) in relation only to a person mentioned in section
(2)(d) – an offence against section 213 of the Criminal
Code.
Eligibility to be registered
(1) The following persons are eligible to be registered in
relation to an offender:
(a) a person who suffers an injury as a direct result of the
relevant offence (an "injured person");
(b) a legal guardian of an injured person who is a child or
suffers from a disability;
(c) with the approval of the Director – a concerned
person.
(2) For subsection (1)(c), a concerned person is any of the
following persons:
(a) a primary care-giver or family member of an injured
person;
(b) a person nominated by an injured person to receive
information on his or her behalf;
(c) if the relevant offence is an offence against section
211 of the Criminal Code – a person against whom the offender threatens or
uses violence during the commission of the relevant offence;
(d) if the relevant offence is an offence against section
213 of the Criminal Code – a person inside the building during the
commission of the relevant offence;
(e) a person on whose behalf a restraining order is in force
under the Domestic Violence Act against the offender at the time the
offender committed, or is sentenced for, the relevant offence;
(f) a person against whom the offender has a history of
using domestic violence;
(g) a primary care-giver or family member of a person
mentioned in paragraph (e) or (f);
(h) a person who has a substantial concern with the relevant
offence.
(3) In this section:
"injury" has the same meaning as in the Victims of Crime
Assistance Act.
Application for person to be entered on
register
(1) A person may apply to the Director to be registered in
relation to an offender:
(a) after the offender is sentenced for the relevant
offence; and
(b) before the offender is discharged from the
sentence.
(2) The application must be in the approved form and lodged
at an office of the CVSU by personal or postal delivery, facsimile transmission
or email.
Decision and notice about entry on register
(1) As soon as practicable (but no later than 28 days)
after lodgment of an application under section , the Director must decide
whether or not to register the applicant and give written notice of the decision
to the applicant.
(2) If the offender is a child, the Director may refuse to
register the applicant if satisfied the circumstances of the offender or
relevant offence do not justify the applicant being registered.
(3) The notice of the decision must be in the approved form
and contain the following information:
(a) if the person is registered:
(i) the role of the CVSU in operating the register;
and
(ii) the rights and obligations of the registered person;
and
(iii) the information the registered person is entitled to
be given and particulars relating to the giving of the information;
and
(iv) any other information specified by
regulation;
(b) if the person is not registered – the reasons for
the decision.
(4) The discharge of the relevant offender from the
sentence after the application is lodged but before the Director has made a
decision does not prevent the applicant from being registered.
(5) The Director must inform the Director of Correctional
Services when a person is registered and give details of the relevant
offender.
Information to be given to registered persons
(1) The CVSU must give a registered person the following
information that relates to the relevant offender:
(a) the earliest possible date of release on parole and any
changes to the date;
(b) the date when the Parole Board is to consider release on
parole;
(c) the actual date of release on parole;
(d) the conditions of a parole order that are relevant to
the registered person or relevant offence;
(e) the revocation or cancellation of a parole
order;
(f) transfer to another prison interstate or
overseas;
(g) escape from prison and any recapture;
(h) the date of release from prison under a suspended
sentence order;
(i) the conditions of a suspended sentence
order;
(j) the variation, revocation, cancellation or discharge of
a suspended sentence order;
(k) the actual date of discharge from prison, unless the
offender is discharged from the sentence at the end of a period of release under
a parole order or suspended sentence order;
(l) any other sentence that affects the earliest possible
date of release, period of imprisonment or period of a suspended sentence
order;
(m) if known – the locality where the offender will
reside while subject to a suspended sentence order or parole order or after
discharge from the sentence;
(n) the death of the offender;
(o) any further information specified by
regulation.
(2) On application to the CVSU by a registered person, the
CVSU must give the registered person the following information that relates to
the
relevant offender:
(a) transfer to another prison in the
Territory;
(b) the status of the security rating and any change in the
status;
(c) courses or programs undertaken for
rehabilitation;
(d) approved leave of absence from prison;
(e) any further information specified by
regulation.
(3) Subsection (1) applies even if the registered person is
entered on the register after the relevant offender has been discharged from the
sentence.
(4) In this section:
"suspended sentence order" means an order that suspends all
or part of a term of imprisonment and imposes conditions on the relevant
offender for the period during which the term of imprisonment is
suspended.
Information to be given about consideration of
parole
(1) The Secretary to the Parole Board must inform the
Director of the date on which the Board is to consider the release on parole of
a relevant offender:
(a) if possible – at least one month before the date;
or
(b) as soon as practicable before the date.
(2) The CVSU must inform a registered person of the date on
which the Board is to consider the release on parole of the relevant
offender:
(a) if possible – at least 28 days before the date;
or
(b) as soon as practicable before the date.
Registered person may make submission to Parole
Board
(1) A registered person may make a written submission to
the Parole Board about a relevant offender to be considered for release on
parole.
(2) Subsection (1) does not prevent the Parole Board from
receiving submissions from any other person.
Director of Correctional Services to inform
CVSU
(1) The Director of Correctional Services must inform the
CVSU about a matter mentioned in section (1) as soon as practicable after the
Director of Correctional Services becomes aware of the matter.
(2) The Director of Correctional Services must inform the
CVSU about a matter mentioned in section (2) as soon as practicable after the
CVSU requests the information.
When information not to be given to registered
person
Despite anything to the contrary in this Part, the CVSU is
not obliged to give information to a registered person if the Director
reasonably considers the information should not be given.
Example for section
There may be circumstances when giving a registered person information
about the relevant offender may place the offender at risk.
Obligations of registered person
(1) A registered person must give the CVSU the information
required by regulation.
(2) A registered person must also sign a confidentiality
agreement as required by regulation.
Removal from register
A registered person may be removed from the register as
specified by regulation.
Non-disclosure of confidential information
(1) A person must not disclose information about a
registered person or offender given or received under this Part
except:
(a) as provided under this Part; or
(b) with the consent of the registered person or offender
about whom the information is disclosed; or
(c) for court proceedings; or
(d) for any other lawful reason.
Penalty: If the offender is a natural person – 400
penalty units or imprisonment for 2 years.
If the offender is a body corporate – 2 000
penalty units.
(2) A reference in subsection (1) to a person includes a
reference to
the Director, a CVSU officer, a
registered person and an offender.
Part
5 – Miscellaneous matters
Charter
(1) The Minister may issue a Charter of Victims
Rights.
(2) The charter is to establish principles about the way in
which victims are to be treated in the justice system and may provide for any
other matters relevant to the rights of victims.
Guidelines
(1) The Minister may issue guidelines, consistent with this
Act and the Regulations, relating to the performance of functions under this
Act.
(2) A person performing functions under this Act must have
regard to the guidelines.
Protection from liability
(1) This section applies to a person who is or has
been:
(a) the Director; or
(b) a CVSU officer; or
(c) the Director of Correctional Services;
or
(d) the Secretary to the Parole Board.
(2) The person is not civilly or criminally liable for an
act done or omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported performance of a
function, under this Act.
(3) Subsection (2) does not affect any liability the
Territory would, apart from that subsection, have for the act or
omission.
Delegations
The following persons may delegate to a person any of their
powers or functions under this Act:
(a) the Minister;
(b) the Director;
(c) the Director of Correctional Services.
Regulations
The Administrator may make regulations, not inconsistent
with this Act, prescribing matters:
(a) required or permitted to be prescribed;
or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
PART
6 – REPEAL AND TRANSITIONAL MATTERS FOR
VICTIMS of crime RIGHTS AND SERVICES ACT
2006
Definition
In this Part:
"repealed Act" means the Crime Victims Advisory Committee
Act as in force immediately before this Part comes into
operation.
Repeal
The Crime Victims Advisory Committee Act 1990 (Act
No. 12 of 1990) is repealed.
Continuation of appointment of members
A member (including the Chairman) under the repealed Act
continues to hold office as a member of the Advisory Committee for the remainder
of the term of the member's appointment under the repealed Act.
Continuation of approved organisation
An organisation approved under section 4(2) of the repealed
Act is taken to be an approved organisation.
____________________________
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