Victims Rights

Question 1

Describe “Incapable” under the Act

Answer 1

Lacks wholly or partly the capability to understand nature, and foresee consequences, of decisions relating to their personal care or welfare.
Or has this capacity but can’t communicate them
Or unconscious

Question 2

What does “Victim” mean? (4)

Answer 2

1: Person whom an offence is committed against by another
2: Person who suffers mental or physical injury by another
3: Parent or Guardian (not being offender) of CYP who suffers emotional harm or 1 or 2 above.
4: Immediate family of person who dies as a result of 1 or 2 above.

Question 3

What are the principles for treatment of victims? (S7)

Answer 3

Treat with Courtesy and Compassion
Respect victims Dignity and Privacy
(CCDP)

Question 4

How do police enable access to counselling, medical and other assistance?

Answer 4

Via victim Support services (Womans refuse etc)

Completing CVSI form on prosecution files

Question 5

S11 requires police to provide information: What information?

Answer 5

About programmes, remedies and services available

Question 6

S12 requires police to provide what five things about proceedings?

Answer 6

Progress
Charges laid
Victims role as a witness
TDP of events
Outcome

Question 7

What is the purpose of the VIS? (3)

Answer 7

Provide Court info about effects of offending
Inform offender of impact of offending
Ensures Court understands victims views

Question 8

What info should a VIS contain

Answer 8

Injuries
Harm (emotional)
Loss or damage
Any other matter (not including details of offending)

Question 9

What should NOT be in a VIS

Answer 9

Details of offending. (Prosecution file does this)

Question 10

S29 states the criteria for Victim to be eligible for registering on the Victim Notification Register (VNR). What are they? (4)

Answer 10

1: Sexual assault
2: Serious assault
3: Offence resulting in serious injury
4: Fears for ongoing safety

Question 11

How does a victim register for VNR?

Answer 11

A pol 1065 form is given to victim by police (oc file). Victim completes and returns to Vetting PNHQ. NB Form found in police forms under “Victim”

Question 12

What two conditions must be met for victims views about release of offender on bail?

Answer 12

Victim is victim of specified offence

Offender applies for release on bail

Question 13

If Victim is S29 qualified what must the prosecutor do if the accused applies for bail?

Answer 13

Make all reasonable efforts to put victims views before the Court.

Question 14

How are victims views on offender being bailed presented to Court?

Answer 14

Opposition to Bail form

Covering 258

Question 15

What sections of VoO Act 2002 apply only to victims of special offences?

Answer 15

S30 - 48

Question 16

What are victims rights under S31 (informing and receiving notices)?

Answer 16

1: Right to ask and be given notice under S34 - 38
2: If victim asks (S34 - 38) and gives address, victim may also be given notice under S39 and S20 Prisoner and Victims Act.
3: Inform vicitm the y may appoint representative who must (or victim) give address
4: If Commissioner knows that vicitm may not be capable,; appoint representative.

Question 17

Who should victim complain to if they consider they have not been afforded their rights?

Answer 17

O/C case
Ombudsman
IPCA
Privacy Commissioner