Victims Rights Act 2002 Flashcards
What does Section 4 of the Victims Rights Act 2002 refer to?
Interpretation
Victim includes:
1. A person who has had an offense committed against them.
2. A person who has suffered injury, or loss/damage of property as a result of another person’s offending.
3. A parent/legal guardian of a CYP victim (unless they themselves are the perpetrator).
4. Immediate family of a person who has died, or been made incapable due to offending (excludes perpetrator).
What does Section 7 of the Victims Rights Act 2002 refer to?
Treatment of Victims
Victims have a right to be treated with courtesy and compassion + also respect for their dignity and privacy.
What does Section 8 of the Victims Rights Act 2002 refer to?
Access to services
Victims who have welfare, health, counseling, medical or legal needs arising from an offense, should have access to these services.
What does Section 11 of the Victims Rights Act 2002 refer to?
Information about services
As soon as a Victim comes into contact with an agency (Police included), the Victim must be given information about programs, remedies, services available to them as soon as practical
What does Section 12 of the Victims Rights Act 2002 refer to?
Information about proceedings
The Victim must be given information about investigation and court processes by investigating authority/court staff/prosecutor as soon as practical.
Must be informed/updated on a regular basis.
What does Section 17 of the Victims Rights Act 2002 refer to?
Victim Impact Statements (Information to Obtain)
Prosecutor must make all reasonable efforts to ascertain the Victims views on:
a) Physical injury/emotional harm
b) Loss/damage to property
c) Any other effects
d) Any other matter which assists in determining s17AB
What does Section 17AB of the Victims Rights Act 2002 refer to?
Victim Impact Statement (Purpose)
VIS purpose is to:
a) enable the Victim to provide information to the Court about the effects of offending.
b) assists the Court in understanding the Victim’s views on offending.
c) inform the offender about the impact of offending on the Victim.
What does Section 18 of the Victims Rights Act 2002 refer to?
Procedure Prior to Obtaining VIS
Victim is to be informed:
a) information is being gathered for the purpose of a VIS
b) information provided must be true and correct
c) the information provided must be recorded, and may be verified.
Additionally, Victim should be informed about who may see, make, or keep copies of the VIS.
The Prosecutor should also ascertain the Victims views on any orders sought.
What does Section 29 of the Victims Rights Act 2002 refer to?
Specified Offences Defined
A “Specified Offence” is when a Victim has been exposed to the following offences:
a) Sexual offending,
b) Serious assault,
c) Offence that results in serious injury, death, or being made incapable, or
d) an offence which leads the Victim to have ongoing fears on reasonable grounds for the safety/security of themselves or their family.
What does Section 29A of the Victims Rights Act 2002 refer to?
Determining s29 Offence
As soon as practical, the Commissioner of Police must determine whether an offence meets s29 criteria.
What does Section 30 of the Victims Rights Act 2002 refer to?
(Specified Offences only)
Victims Views on Bail
Prosecutor must make all reasonable efforts to ascertain the Victims views on the offender being bailed, and relay this back to the Courts.
What does Section 31 of the Victims Rights Act 2002 refer to?
(Specified Offences only)
Victim’s right to nominate a representative
Victim can opt to have s29 notifications sent to a representative on their behalf.
Must provide the representatives details to Police (address).
What does Section 40 of the Victims Rights Act 2002 refer to?
(Specified Offences only)
Duties of a nominated representative
Any representative nominated by a Victim must pass on s29 notifications to the Victim, and ensure that they understand them.
Representative will act as a conjugate, and also provide the Victims views on bail (s30)
What does Section 49 of the Victims Rights Act 2002 refer to?
Complaints
Victims have rights as set out under the VRA 2002 (s11, 21, 28, 48, 51 etc.)
Victims who are not afforded these rights may complain to the relevant authority (OC, Ombudsman, IPCA, Privacy Commissioner etc.).
Complaints must be dealt with promptly and fairly.
What does Section 51 of the Victims Rights Act 2002 refer to?
Return of Property Held as Evidence
Police must return property of a person (not offender) which has been used as evidence back to that person as soon as practical (I.e. no longer needed as Evidence).
Does not apply if the person advises that they do not want it back.
