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PARLIAMENT OF VICTORIA
Victims' Charter Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Objects 5
5. Nomination of representatives 6
PART 2--CHARTER PRINCIPLES GOVERNING RESPONSE
TO VICTIMS 7
6. Treatment of persons adversely affected by crime 7
7. Information to be given to persons adversely affected by crime 7
8. Information to be given to victim about investigation 8
9. Information regarding prosecution 8
10. Applications for bail 9
11. Information about court process 10
12. Contact between victim and accused in court building to be
minimised 10
13. Victim impact statements 11
14. Victims' privacy 11
15. Storage and return of property held by the State 11
16. Compensation and financial assistance for victims 12
17. Information about offender 12
PART 3--GENERAL 14
18. Implementation of Charter principles 14
19. Information regarding complaints process 14
20. Monitoring operation of Act 14
21. Report of operations 15
22. Legal rights not affected 15
23. Regulations 15
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Clause Page
ENDNOTES 16
INDEX 17
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PARLIAMENT OF VICTORIA
A BILL
to recognise principles governing the response to victims of crime by
the criminal justice system and for other purposes.
Victims' Charter Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to recognise principles that govern the
response to persons adversely affected by
5
crime by investigatory agencies, prosecuting
agencies and victims' services agencies; and
1
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s. 2
(b) to establish requirements for the monitoring
and review of the principles set out in this
Act.
2. Commencement
This Act comes into operation on 1 November
5
2006.
3. Definitions
(1) In this Act--
"Charter principles" means the principles set
out in Part 2;
10
"criminal offence" means an offence, or a series
of related offences, committed at any time,
whether or not a person has been accused or
convicted of that offence, and in relation to a
victim, is the offence that gave rise to the
15
injury suffered by the victim;
"domestic partner" has the same meaning as in
the Crimes (Family Violence) Act 1987;
"family member", in relation to a person,
means--
20
(a) the spouse or domestic partner of that
person; or
(b) a person who has or has had an intimate
personal relationship with that person;
or
25
(c) a person who is or has been a relative
of that person; or
(d) a child who normally or regularly
resides with that person; or
(e) a child of whom that person is a
30
guardian; or
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(f) another person who is or has been
ordinarily a member of the household
of that person;
"injury" means--
(a) actual physical bodily injury; or
5
(b) mental illness or disorder or an
exacerbation of a mental illness or
disorder, whether or not flowing from
nervous shock; or
(c) pregnancy; or
10
(d) grief, distress or trauma or other
significant adverse effect; or
(e) loss or damage to property; or
(f) any combination of matters referred to
in paragraphs (a), (b), (c), (d) and (e);
15
"investigatory agency" means--
(a) a member of the police force; or
(b) a person authorised by an enactment to
investigate a criminal offence;
"person adversely affected by crime" means--
20
(a) a natural person who has suffered
injury as a direct result of a criminal
offence, whether or not that injury was
reasonably foreseeable by the offender;
or
25
(b) a family member of a person referred to
in paragraph (a); or
(c) a witness to a criminal offence;
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"prosecuting agency" means--
(a) the Director of Public Prosecutions for
Victoria; or
(b) a member of the police force; or
(c) a person authorised to bring
5
proceedings for a criminal offence
against an enactment;
"Secretary" means the Secretary to the
Department of Justice;
"victim" means--
10
(a) a natural person who has suffered
injury as a direct result of a criminal
offence, whether or not that injury was
reasonably foreseeable by the offender;
or
15
(b) if a person has died as a direct result of
a criminal offence committed against
that person, a family member of that
person; or
(c) if the person referred to in
20
paragraph (a) is under 18 years of age
or is incapable of managing his or her
own affairs because of mental
impairment, a family member of that
person;
25
"victims' services agency" means--
(a) an entity established under an
enactment that is responsible for the
provision of services to persons
adversely affected by crime; or
30
(b) a public official within the meaning of
the Public Administration Act 2004
who is responsible for the provision of
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services to persons adversely affected
by crime; or
(c) an entity that is publicly funded to
provide services to persons adversely
affected by crime.
5
(2) For the purposes of the definition of "family
member" in sub-section (1), a relative, in relation
to a person, means--
(a) a father, mother, grandfather, grandmother,
step-father, step-mother, father-in-law or
10
mother-in-law of that person; or
(b) a son, daughter, grandson, granddaughter,
step-son, step-daughter, son-in-law or
daughter-in-law of that person; or
(c) a brother, sister, half-brother, half-sister,
15
brother-in-law or sister-in-law of that person;
or
(d) an uncle, aunt, uncle-in-law or aunt-in-law of
that person; or
(e) a nephew or niece of that person; or
20
(f) a cousin of that person--
and includes, in the case of domestic partners, a
person who would be such a relative if the
domestic partners were married to each other.
4. Objects
25
(1) The objects of this Act are--
(a) to recognise the impact of crime on the
victims of that crime, including the impact
on members of victims' families, witnesses
to the crime and in some cases, the broader
30
community;
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(b) to recognise that all persons adversely
affected by crime, regardless of whether they
report the offence, should be treated with
respect by all investigatory agencies,
prosecuting agencies and victims' services
5
agencies and should be offered information
to enable them to access appropriate services
to help with the recovery process;
(c) to help reduce the likelihood of secondary
victimisation by the criminal justice system.
10
(2) The objects referred to in sub-section (1) are
based on the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power
adopted by the General Assembly of the United
Nations by resolution 40/34 of
15
29 November 1985.
5. Nomination of representatives
(1) A victim may nominate a person to be his or her
representative for the purposes of this Act, and if a
representative is nominated the representative is to
20
be provided with information that, in accordance
with the Charter principles, is required to be
provided to the victim.
(2) If a person has died or suffered injury as a direct
result of a criminal offence committed against the
25
person and the person has more than one family
member, the family members of the person may
nominate one or more family members to be the
representative of the family for the purposes of
this Act.
30
__________________
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Part 2--Charter Principles Governing Response to Victims
s. 6
PART 2--CHARTER PRINCIPLES GOVERNING RESPONSE
TO VICTIMS
6. Treatment of persons adversely affected by crime
(1) All persons adversely affected by crime are to be
treated with courtesy, respect and dignity by
5
investigatory agencies, prosecuting agencies and
victims' services agencies.
(2) Investigatory agencies, prosecuting agencies and
victims' services agencies are to take into account,
and be responsive to, the particular needs of
10
persons adversely affected by crime, particularly
needs relating to differences such as--
(a) race or indigenous background;
(b) sex or gender identity;
(c) cultural or linguistic diversity;
15
(d) sexual orientation;
(e) disability;
(f) religion;
(g) age.
7. Information to be given to persons adversely
20
affected by crime
Investigatory agencies, prosecuting agencies and
victims' services agencies--
(a) are to provide clear, timely and consistent
information about relevant support services,
25
possible entitlements and legal assistance
available to persons adversely affected by
crime; and
(b) if appropriate, are to refer persons adversely
affected by crime to relevant support
30
services and to entities that may provide
access to entitlements and legal assistance.
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s. 8
8. Information to be given to victim about
investigation
(1) An investigatory agency is to inform a victim, at
reasonable intervals, about the progress of an
investigation into a criminal offence unless--
5
(a) the disclosure may jeopardise any
investigation of that offence or any other
offence; or
(b) the victim requests not to be provided with
that information.
10
(2) If the disclosure of information under sub-
section (1) may jeopardise any investigation, an
investigatory agency is to inform the victim about
the progress of the investigation of the criminal
offence relevant to the victim, to the extent
15
possible without jeopardising any investigation.
(3) If the disclosure of information under sub-
section (1) would jeopardise an investigation, an
investigatory agency is to inform the victim that
no information can be provided at that stage due
20
to the ongoing nature of the investigation.
9. Information regarding prosecution
The prosecuting agency is to give a victim, as
soon as reasonably practicable, the following
information--
25
(a) the charges filed against the person accused
of the criminal offence;
(b) if no charge is filed against any person, the
reason why no charge was filed;
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s. 10
(c) if charges are filed, any decision--
(i) to substantially modify those charges;
or
(ii) not to proceed with some or all of those
charges; or
5
(iii) to accept a plea of guilty to a lesser
charge;
(d) details about how to find out the date, time
and place of the hearing of the charges
against the accused person;
10
(e) the outcome of the criminal proceeding
against the accused person, including any
sentence imposed;
(f) if an appeal is instituted, the fact of the
appeal, the grounds of the appeal and the
15
result of the appeal.
10. Applications for bail
(1) A prosecuting agency, on request by a victim, is to
ensure that the victim is informed of--
(a) the outcome of any application for bail by
20
the person accused of the criminal offence;
and
(b) if bail is granted, any special conditions
imposed on the accused person by the court
that are intended to protect the victim or
25
family members of the victim.
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(2) In having regard to the safety or welfare of
members of the public in accordance with the Bail
Act 1977, the safety or welfare of the victim or
family members of the victim and the attitude of a
victim towards the granting of bail may be taken
5
into account by a court in determining whether to
grant bail to a person accused of a criminal
offence.
Note: See section 4 of the Bail Act 1977.
11. Information about court process
10
(1) A prosecuting agency is to ensure that a victim is
informed about the court process and the victim's
entitlement to attend any relevant court
proceedings, unless the court otherwise orders.
(2) If a victim is to appear as a witness for the
15
prosecution, the prosecuting agency is to ensure
that a victim is informed about the trial process
and the victim's role as a witness for the
prosecution.
12. Contact between victim and accused in court
20
building to be minimised
So far as is reasonably practicable, a prosecuting
agency and the courts should, during the course of
a court proceeding and within a court building--
(a) minimise a victim's exposure to unnecessary
25
contact with the person accused of the
criminal offence, defence witnesses and
family members and supporters of the
accused person; and
(b) protect a victim from intimidation by the
30
accused person, defence witnesses and
family members and supporters of the
accused person.
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13. Victim impact statements
(1) A victim of a criminal offence may make a victim
impact statement to the court sentencing the
person found guilty of the offence, and unless the
court orders otherwise, that statement may be
5
considered by the court in determining the
sentence of the offender.
Note: See Division 1A of Part 6 of the Sentencing
Act 1991 in relation to victim impact statements.
(2) If a victim expresses a wish to make a victim
10
impact statement, a prosecuting agency should
refer the victim to an appropriate victims' services
agency for assistance in preparing the victim
impact statement.
14. Victims' privacy
15
A victim's personal information, including his or
her address and telephone number, is not to be
disclosed by any person except in accordance with
the Information Privacy Act 2000.
20 Note: Section 10 of the Information Privacy Act 2000
provides that the Act does not apply in respect of the
collection, holding, management, use, disclosure or
transfer of personal information by a court, tribunal,
judge, magistrate or registry staff in relation to their
25 judicial or quasi-judicial functions.
15. Storage and return of property held by the State
If property of a victim is in the possession of an
investigatory agency or a prosecuting agency for
the purpose of the investigation or prosecution of
a criminal offence--
30
(a) the agency is to handle and store the property
in a lawful, respectful and secure manner;
and
(b) if possible and in consultation with the
victim, the property is to be returned to the
35
victim as soon as reasonably practicable.
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s. 16
16. Compensation and financial assistance for victims
(1) A victim may apply to a court for an order that the
person convicted of or found guilty of the criminal
offence that gave rise to the injury suffered by the
victim pay compensation to the victim.
5
Note: See Division 2 of Part 4 of the Sentencing Act 1991
in relation to applications for compensation for
victims of crime.
(2) In accordance with the Victims of Crime
Assistance Act 1996 a person eligible under that
10
Act may apply to the State for compensation and
financial assistance.
17. Information about offender
(1) A victim of a criminal act of violence within the
meaning of section 30A of the Corrections
15
Act 1986 may apply to be included on the victims
register established under that Act.
Note: See sections 30A to 30I of the Corrections Act 1986
in relation to the victims register.
(2) The Secretary may give to a person included on
20
the victims register certain information concerning
the offender such as the length of sentence, the
likely date of release and the making of an
extended supervision order.
(3) If the Adult Parole Board is considering ordering
25
the release on parole of an imprisoned offender
who has committed a criminal act of violence--
(a) a person included on the victims register may
make a submission to the Board about the
effect of the offender's potential release on
30
the victim; and
(b) the Board is to consider any submission
received.
Note: See sections 74A and 74B of the Corrections Act
35 1986 in relation to victim submissions to the Adult
Parole Board.
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s. 17
(4) A person included on the victims register may
make a submission to the Adult Parole Board for
consideration in determining any instruction or
direction it may give to an offender subject to an
extended supervision order.
5
Note: See sections 16A and 16B of the Serious Sex
Offenders Monitoring Act 2005 in relation to
victim submissions.
__________________
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Victims' Charter Act 2006
Act No.
Part 3--General
s. 18
PART 3--GENERAL
18. Implementation of Charter principles
(1) If an investigatory agency, a prosecuting agency
or a victims' services agency is aware, or should
reasonably be aware, that a person is a victim, the
5
agency must have regard to the Charter principles
when dealing with the person.
(2) A person or body responsible for the development
of criminal law policy, the development of
victims' services policy, the administration of
10
criminal justice or the administration of victims'
services must, where relevant, have regard to the
Charter principles.
19. Information regarding complaints process
If a person adversely affected by crime informs an
15
investigatory agency, a prosecuting agency or a
victims' services agency that he or she believes
that the agency has not upheld the Charter
principles, the agency should inform the person
about the processes available for making a
20
complaint.
20. Monitoring operation of Act
To ensure that the objectives of this Act are met,
the Secretary must--
(a) develop policies and plans to promote the
25
Charter principles;
(b) monitor, evaluate and review the operation
of this Act and its benefits for victims;
(c) ensure that appropriate processes are
established for complaints to be made by
30
persons adversely affected by crime if the
Charter principles are not upheld;
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Part 3--General
s. 21
(d) do anything else the Secretary considers
appropriate for the purposes of this Act.
21. Report of operations
The Attorney-General must each year cause to be
included in the report of operations of the
5
Department of Justice under Part 7 of the
Financial Management Act 1994 the following
information--
(a) the steps taken to promote the Charter
principles;
10
(b) a report on the operation of this Act.
22. Legal rights not affected
(1) The Parliament does not intend by this Act--
(a) to create in any person any legal right or give
rise to any civil cause of action; or
15
(b) to affect in any way the interpretation of any
law in force in Victoria; or
(c) to affect the validity, or provide grounds for
review, of any judicial or administrative act
or omission.
20
(2) Sub-section (1) does not prevent a contravention
of this Act from being the subject of disciplinary
proceedings against a relevant official.
23. Regulations
The Governor in Council may make regulations
25
for or with respect to any matter or thing required
or permitted by this Act to be prescribed to give
effect to this Act.
15
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Victims' Charter Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Victims' Charter Act 2006
Act No.
INDEX
Subject Clause
Act
commencement 2
legal rights not affected 22
monitoring of, reports on operation of 2021
objects 4
purposes 1
21
Attorney-General
10
Bail
Charter principles
complaints about an agency's failure to uphold 1920
definition 3
implementation in dealing with victims 18
promotion of 2021
specific principles 617
16
Compensation
1920
Complaints
Courts
applications for bail to 10
applications for compensation orders to 16
contact between victim and accused in 12
information for victims about process 11
victim impact statements made to 13
Criminal offences (def.) 3
3
Definitions
22
Disciplinary proceedings
17
Extended supervision orders
3, 5
Family members
See also Persons adversely affected by crime;
Victims
Injuries (def.) 3
Investigatory agencies
definition 3
information for, treatment of persons adversely
affected by crime 67, 19
information for victims about investigation 8
regard to Charter principles 18
treatment of property of victims 15
17
Parole
Persons adversely affected by crime
complaints 1920
definition 3
family members as (in definition) 3
information for, treatment of 67
Prosecuting agencies
definition 3
information for, treatment of persons adversely
affected by crime 67, 19
information for, treatment of victims 913
regard to Charter principles 18
treatment of property of victims 15
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Victims' Charter Act 2006
Act No.
Subject Clause
23
Regulations
5
Representatives
3, 17, 20
Secretary
17
Sex offenders
13
Victim impact statements
Victims
compensation, financial assistance 16
contact with accused 12
definition 3
family members as (in definition) 3
information regarding
applications for bail 10
court process 11
investigations 8
prosecutions 9
violent offenders, sex offenders 17
privacy 14
property of 15
representatives of 5
victim impact statements 13
Victims' services agencies
assistance in preparing victim impact statements 13
definition 3
information for, treatment of persons adversely
affected by crime 67, 19
regard to Charter principles 18
17
Violent offenders
Witnesses
as persons adversely affected by crime 3, 67, 1920
victims as 11
18
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