Page 1692 - Week 06 - Thursday, 23 July 2020
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The charter also carefully constrains the coverage of independent bodies that exercise judicial functions, such as ACT courts and tribunals. Although the charter requires justice agencies to uphold victim rights, this does not include judges or magistrates and it only includes a court or tribunal when acting in an administrative capacity. A court or tribunal is considered to be acting in an administrative capacity other than when it is exercising its jurisdiction in relation to any proceeding before it.
Moreover, the charter includes a statement that it does not intend to create any legal right that could give rise to civil action, affect the interpretation or operation of other territory laws, or affect the validity or provide grounds for review of any judicial or administrative act or omission.
In these ways, the charter achieves its aim of setting standards for improved victim treatment while respecting the independent justice settings within which victim engagement occurs. The implementation of the charter has been carefully planned to ensure that it can be reasonably upheld by justice agencies and that victims are supported to access their rights.
Prior to commencement on 1 January 2021, new community and victim education materials will be developed to increase understanding of victim rights and justice processes. Three victims’ registers, which provide information to victims to support their safety and participation in justice processes post sentence, will be relocated from their respective justice agencies to Victim Support ACT. This will improve efficiency and information flow and wraparound support and advocacy for victims.
Key justice agencies will receive additional resources to support victim engagement. In 2021 a flexible fund for the Victims of Crime Commissioner will be piloted for two years. The purpose of the fund is to meet diverse and individually identified victim needs, filling gaps where other provisions are not available. The charter will be reviewed three years after its commencement to provide an opportunity to further build on and strengthen the ACT’s victims’ rights framework.
People who are impacted by crime as victims and survivors are central to the justice process. Their participation ensures that prosecutions have the best possible outcome and that those who commit crime are held to account for those actions. The introduction of victims’ rights provides assurance that victims will be acknowledged and respected throughout the process and provides avenues for more meaningful engagement.
Empowering victims of crime to participate fully in the justice processes from their first point of contact will better support recovery from crime and encourage more community members to feel comfortable reporting crime. This bill is an important step in the government’s commitment to ensuring that the ACT justice system is accessible and fair for all Canberrans.
I thank Mr Hanson for his remarks. I note the comments he made. I agree with them. I think that the review point is an important process along the way, but there may be opportunities before that. I thank members for their support for the bill.
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