Page 1688 - Week 06 - Thursday, 23 July 2020
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
prosecution, as well as leading to long-term impacts on people’s health and their ability to participate in education and employment.
The August 2017 recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse highlighted that criminal justice responses must be triangulated in the interests of defendants, victims and society. Those who are charged with criminal offences are expected to be brought to trial fairly, impartially and in the public interest, and criminal justice responses must be in the interests of the community, including victims.
The charter will transform the broad and aspirational governing principles for the treatment of victims of crime in the administration of justice in the Victims of Crime Act 1994 to rights underpinned by obligations for justice agencies on how victims are to be treated. It will also establish a restorative complaints resolution process, enlivening victims’ rights by providing mechanisms for victims to seek remedy where a possible breach has occurred.
The charter has been directly influenced by what community members with lived experience told us is important to them. Victim rights have also been carefully contextualised through in-depth consultation with justice stakeholders so that they align with and complement legal frameworks and justice agency practices.
While many victim rights in this bill are based on existing practices or legislative entitlements, the charter ensures consistency in delivery; builds community awareness about how victims can expect to be treated; and provides opportunities for the acknowledgement of harm and improvements in practice where a breach occurs.
Certain rights also consolidate or extend victim engagement practices. For example, they ask justice agencies to seek the views of victims for certain decisions, while still respecting the necessary independence of those agencies. Victim rights also make improvements in the type of information that is provided to victims and place the responsibility for proactive engagement on justice agencies. Most importantly, this information is often used by victims to make decisions about how they can best protect their safety and how they want to engage with the justice process, allowing victims to feel heard and directly engage with the justice system.
The charter requires that justice agencies comply with victim rights. However, it also seeks other entities, such as community organisations and government policy areas that engage with victims, to have regard for victim rights. This acknowledges the support that community services provide for victims and embeds cultural change in how victims are viewed in the community more broadly.
The charter includes victim rights under five key themes. The first is respectful engagement with victims and the protection of their privacy and safety. The second is ensuring access to victim support services and assistance. The third is the provision of general information about justice processes. The fourth is about case updates and, where appropriate, seeking victim views on key decisions made in the administration of justice. The final one is about opportunities for participation in proceedings where this is provided for in the justice system.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video