Page 3035 - Week 07 - Thursday, 1 July 2010
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I understand that some concern about this issue was expressed to the reference group during review of the act, but as evidenced by the note to proposed new section 11, our Legislation Act already clearly provides that “A provision of law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function”.
Another feature of the bill is a change to the management of complaints relating to the guiding principles for victims. The function will now fall naturally to the Ombudsman and Health Services Commissioner. The ACT Ombudsman currently has the power to investigate complaints by victims of crime in respect of ACT government agencies and ACT Policing.
The Ombudsman also has the processes and policies in place to investigate these complaints. The complaints process will be the process which the Ombudsman currently follows. In line with standard practices of that office, it is expected that where agencies have internal complaints systems in place, for reasons of fairness and efficiency victims should attempt to resolve the matter with the agency first.
Having said that, the government also recognises that it is important that victims have the opportunity to avail themselves of the services of the commissioner—a victims’ advocate who is familiar with the interests of victims and the functioning of the criminal justice system. The bill allows for victims to raise with the commissioner matters of concern about an agency involved in the administration of justice, short of formal complaint, that the commissioner will then be required to try to resolve with the agency when the commissioner considers that the agency has not complied with the governing principles.
The commissioner will be able to request that the agency provide any document or information reasonably required by the commissioner to resolve such a concern. The agency will be required to provide the commissioner with such information as it could have given to the victim, just as if it was the victim making the request.
As part of the advocacy role of the commissioner, should victims of crime seek assistance from the commissioner to raise a complaint with an agency, the commissioner can advocate, together with the victim of crime, to try to seek a timely resolution.
The Health Services Commissioner will be the responsible complaints entity for complaints about victims’ health service providers. The complaints handling process the Health Services Commissioner can then apply under legislation will be much the same as described for the Ombudsman.
The division of the complaints and investigation functions in this way aims to address the level of actual, perceived or potential conflict of interest which I understand some in the sector feel exists as a result of the Victims of Crime Coordinator currently having both advocacy and investigative roles.
Between them, the Victims of Crime Commissioner, the ACT Ombudsman and the Health Services Commissioner will be able to complement these reforms through the
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