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VICTIMS' CHARTER BILL 2006

                 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
                             




                                      i
551426B.I1-13/6/2006                          BILL LA INTRODUCTION 13/6/2006

 


 

Clause Page ENDNOTES 16 INDEX 17 ii 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

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 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 1--Preliminary 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 2 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 1--Preliminary s. 3 (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; 3 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 1--Preliminary s. 3 "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 4 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 1--Preliminary s. 4 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; 5 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 1--Preliminary s. 5 (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 __________________ 6 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. 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. 7 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims 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; 8 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims 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. 9 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims s. 11 (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. 10 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims s. 13 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. 11 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims 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. 12 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Part 2--Charter Principles Governing Response to Victims 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. __________________ 13 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

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; 14 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. 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 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 16 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

Victims' Charter Act 2006 Act No. INDEX Subject Clause Act commencement 2 legal rights not affected 22 monitoring of, reports on operation of 20-21 objects 4 purposes 1 21 Attorney-General 10 Bail Charter principles complaints about an agency's failure to uphold 19-20 definition 3 implementation in dealing with victims 18 promotion of 20-21 specific principles 6-17 16 Compensation 19-20 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 6-7, 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 19-20 definition 3 family members as (in definition) 3 information for, treatment of 6-7 Prosecuting agencies definition 3 information for, treatment of persons adversely affected by crime 6-7, 19 information for, treatment of victims 9-13 regard to Charter principles 18 treatment of property of victims 15 17 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

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 6-7, 19 regard to Charter principles 18 17 Violent offenders Witnesses as persons adversely affected by crime 3, 6-7, 19-20 victims as 11 18 551426B.I1-13/6/2006 BILL LA INTRODUCTION 13/6/2006

 


 

 


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