Page 4025 - Week 13 - Thursday, 10 November 1994
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ACTS REVISION (VICTIMS OF CRIME) BILL 1994
MR CONNOLLY (Attorney-General and Minister for Health) (11.13): Mr Deputy Speaker, I present the Acts Revision (Victims of Crime) Bill 1994.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
This Bill is related to the Victims of Crimes Bill 1994, which I have just presented. The measures contained in the two Bills will constitute a package of legislative reforms designed to ensure better delivery of justice to victims of crime within the ACT criminal justice system. The Acts Revision (Victims of Crime) Bill will amend the Crimes Act, the Bail Act and the Parole Act.
The amendments to the Crimes Act will provide a legislative framework for the tender of victim impact statements to ACT courts for consideration in determining sentences for offences which carry a maximum penalty of at least five years' imprisonment. A victim impact statement is a statement setting out the effects of the crime on the victim. These effects include the physical, psychological, financial and social harm suffered by the victim. They also include substantial impairment of rights accorded by law. Victim impact statements are an important means by which the victim can inform the court of how the crime has affected him or her. Until now, many judges have remained ignorant about how a particular crime has, in fact, affected its victim and have had to guess at that effect when sentencing the offender. The preparation of a victim impact statement will be completely voluntary. At any time before sentencing, a victim who has prepared a victim impact statement may decide not to have that statement tendered to the judge. The prosecutor cannot tender the statement without the consent of the victim. No adverse inference may be drawn from the fact that a victim has decided not to tender a statement.
In the areas of bail and parole, this Bill recognises that a victim who has concerns about the need for protection from violence or harassment by the offender should have those concerns taken into account when decisions about bail and parole are being made. The Bill also recognises that victims who have concerns for their safety on the release of the offender wish to be told whether bail or parole has been granted. They also want to be informed of any conditions of that grant. The Bill, therefore, requires the provision of that information where the relevant officer is aware that concern has been expressed. These measures are significant in the recognition they provide for the need of victims to participate in a meaningful way within the criminal justice system. I commend the Bill to the Assembly and table the explanatory memorandum.
Debate (on motion by Mr Humphries) adjourned.
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