Page 1690 - Week 06 - Thursday, 23 July 2020
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When a victim is in a court or tribunal building in relation to a proceeding for the offence, they can seek protection from violence or harassment from the accused person. Victims also have rights to information about, and participation in, restorative justice where eligible, as this is an important opportunity for victims to seek recognition of the harm caused by an offence.
Where relevant, victims’ rights recognise the ability for the court to direct certain actions, rather than being the administrative responsibility of justice agencies. Rights also provide justice agencies with appropriate discretion so that they can make decisions in the context of independently conducted proceedings, in consideration of available resources, and in relation to weighing up the privacy and safety both of victims and of the accused. These rights have been carefully consulted on with justice agencies and crafted to ensure that the rights of victims and the accused are fairly balanced.
In response to a comment from the justice and community safety standing committee, in its legislative scrutiny role, I am proposing a minor government amendment to this bill to clarify the circumstances in which information about orders relating to an offender’s mental health can be provided to a victim. This clarifies that certain information about an offender’s mental health order can only be provided to a person who is a registered affected person under the Mental Health Act 2015 in relation to offences committed by forensic patients. Information will therefore only be shared with victims who fall into that category. There will also be clear links to the special circumstances and considerations that apply in relation to what information should be disclosed—for example, consideration of sensitivities in relation to young offenders.
I thank the scrutiny committee for their comments, as this amendment aligns with the intention for this bill to operate cohesively with other ACT legislation and to acknowledge the complex circumstances in which decisions about information being shared with victims are to be made.
One of the most important aspects of the charter is the restorative accountability framework. This sets out clear pathways for the acknowledgement of victim rights where they are not upheld. Conversations between victims and agencies provide opportunities for harm to be repaired and trust to be restored for victims of crime. It also allows for changes in victim engagement practices so that other victims are less likely to experience a breach of rights in the future.
The complaints resolution process acknowledges the ability for justice agencies to monitor their own compliance with the charter and the existing good practices of agencies and officials in resolving concerns directly with community members where they arise. Justice agencies will also be required to develop policies that demonstrate how responsibilities under the charter are upheld and report on complaints that are raised.
While the majority of concerns are expected to be resolved directly between victims and agencies, the complaints resolution framework also offers the option of a more centralised process for victims to raise concerns with the Victims of Crime
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