Queensland Consolidated Acts Queensland Consolidated Acts(1) The need for the declaration set out in this part arises out of national and international concern about the position of the victims of crime in the justice system.
(2) The purpose of the declaration is to advance the interests of victims of crime by stating some fundamental principles of justice that should be observed in dealings with victims of crime.
(3) The declaration is a way of informing victims of crime, in an easily understood way, of the principles they can expect will underlie the treatment given to them by public officials.
(4) It is immaterial to the declaration whether an offender has been identified, arrested, prosecuted or convicted.
(5) The declaration and guidelines made under the declaration--
(a) are not enforceable by criminal or civil redress; and
(b) do not affect the validity, or provide grounds for review, of anything done or not done, or a decision made or not made, in contravention of them; and
(c) do not override the Criminal Practice Rules 1999 or the rules of evidence in a criminal proceeding.
(6) However, Parliament encourages victims of crime to assert the principles in ways that do not involve legal process or proceedings.
(7) Also, public officials and entities are authorised to have regard to the declaration and guidelines and are urged to do so to the extent that it is--
(a) within or relevant to their functions; and
(b) practicable for them to do so.
(8) Subsection (5) does not prevent disciplinary action being taken against a public official who contravenes a requirement imposed on the official under--
(a) a direction given to the official by someone authorised to give directions to the official; or
(b) a standard, rule, or other statutory instrument, including any of the guidelines, binding on the official.
(9) Subsection (7) does not affect a confidentiality obligation of a public official.