Page 1476 - Week 06 - Thursday, 2 July 2020
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The charter includes victim rights under five key themes: first, respectful engagement with victims and protection of their privacy and safety; second, ensuring access to victim support services and assistance; third, the provision of general information about justice processes; fourth, case updates and, where appropriate, seeking victim views on key decisions made in the administration of justice; and, finally, opportunities for participation in proceedings where this is provided for in the justice system.
Consultation with community members with lived experience as victims of crime has told us that it is these rights that are most important to them. Providing victims with information in a timely manner and asking them for their views allows them to feel heard and provides an opportunity for more direct engagement with the justice system.
Many victim rights are based on the existing governing principles for the treatment of victims of crime in the administration of justice and have been updated to reflect the current context of the ACT justice system. Some rights are based on existing victim policies and legislative entitlements, and mirroring these in the charter improves transparency while better ensuring they are upheld through the associated complaints resolution process. Rights also draw from best practice examples across jurisdictions, and in some cases extend or establish new areas of practice where gaps in victim engagement exist.
Introducing victim rights does not detract from the rights of the accused. The August 2017 Royal Commission into Institutional Responses to Child Sexual Abuse criminal justice report outlined 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 objects of the Victims of Crime Act have been amended to reflect cultural changes in how victims are viewed in the justice process. They now refer to the central role of victims in achieving justice; victims are referred to as “people adversely affected by crime”, to recognise that the term “victim” is contested and that many community members prefer other terminology, such as “survivor”. There is also an explicit acknowledgement that adverse outcomes of the impact of the justice system, such as trauma, should be minimised.
In many ways, the most important aspect of the charter is the complaints resolution process, which has been designed to meet two key outcomes that consultation with people who have experienced crime told us are most important.
The complaint resolution framework provides an opportunity for victim concerns about a right being breached and any harm that may have occurred as a result to be heard and acknowledged. It also provides justice agencies with the opportunity to have conversations about victim engagement practices, in a restorative setting. This will support changes to justice agency practice so that other victims are less likely to experience a breach of charter rights in the future, and to highlight any systemic issues.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video