Page 1477 - Week 06 - Thursday, 2 July 2020
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The accountability framework for the charter allows a victim to raise a concern about a breach of a victim right directly with a justice agency, with the Victims of Crime Commissioner, or with the ACT Human Rights Commission for consideration in line with how other service complaints are managed. This combination of acknowledging the ability of justice agencies to monitor their own compliance with the charter, alongside a centralised system to support victims to resolve concerns in a supported and trauma-informed environment, is considered key to the accountability framework.
Other aspects of the complaints process that facilitate trauma-informed practice include the ability for victims to choose which complaints pathway they wish to take, and explicitly providing for a victim representative to be able to raise an issue for a victim. The majority of concerns are expected to be resolved directly with justice agencies, in recognition of the existing good practice of agencies and officials in resolving complaints from community members where they arise. If a concern is raised with the Victims of Crime Commissioner and is unable to be resolved in conversation with a justice agency, the commissioner may refer the concern to a formal complaints entity such as the Human Rights Commission or the Ombudsman.
Access to conciliation with the Human Rights Commission is considered one of the most important aspects of this framework. It is an opportunity for the victim and justice agency to discuss the breach that is alleged to have occurred in a supported, confidential and independently facilitated environment, where parties may reach a mutual agreement about how to resolve a concern. Providing victims with the opportunity to be heard and for agencies to acknowledge any harm caused by a right being breached has the potential to assist in a victim’s recovery and can also provide agencies with valuable insights to improve the treatment of victims.
The accountability framework is further strengthened by the requirement for justice agencies to develop policies that demonstrate how responsibilities under the charter are upheld within a year of commencement; and an ongoing requirement for justice agencies to report on complaints that are raised.
The independence of justice agencies and impartiality of their decision-making is protected by a number of provisions set out in the bill. In relation to the accountability framework, a justice agency will not commit an offence if they do not comply with a requirement to participate in victim rights complaint consideration processes under the Human Rights Commission Act and, as with all complaints considered by the Human Rights Commission, justice agencies need not attend conciliation or provide documents if there is a reasonable excuse.
Further, the ACT Office of the Director of Public Prosecutions need not comply with a provision of the Human Rights Commission Act in relation to victim rights complaints if it considers that this would prejudice the independence of the DPP or the prosecution of an offence. The DPP must, however, report on each occasion it declines to participate in the complaints process in its annual report, to assist in providing transparency around this decision-making process.
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