The Charter of Victims Rights gives victims of crime in New South Wales the right to make a complaint when they are not satisfied with the service they received from a government agency or their entitlements under any of the rights were not met.
The Victims of Crime Bureau will take complaints or queries in relation to the Charter from victims of crime. The Bureau is committed to assisting victims of crime at all stages in the complaint and rehabilitation process.
If you are a victim of crime, you can access support and information by contacting the Victims Support Line on 8688 5400 (Sydney metro area) or 1800 633 063 (Freecall) or TTY (02) 8688 5575. If you need an interpreter this can be arranged by the Bureau.
You can discuss your complaint with a Information, Referral and Support Officer, who can help you decide how best to proceed with your complaint. You may also receive other assistance such as information about your rights and access to other services.
Charter of Victims Rights
The Charter of Victims Rights (PDF 88Kb) outlines 17 rights for victims of crime in NSW including their rights to:
- Be treated with courtesy, compassion and respect;
- Information about, and access to, welfare, health, counselling and legal services, where available;
- Information about the investigation and prosecution of the offender; and
- Protection from the offender and protection of privacy.
Depending on the victim’s situation and whether the crime involved violence or threat of violence, the victim may also have the right to:
- Make a Victim Impact Statement;
- Be listed on a Victims Register;
- Make a submission to the Parole Board or the Department of Corrective Services; and
- Claim counselling and/or compensation.
Complaints
If you are a victim of crime In NSW, you have a right to information and services that may be from different government agencies over a period of time.
If you believe that the information and services you are seeking do not meet acceptable standards or do not conform to your rights under the Charter of Victims Rights, you may make a complaint.
Who can make a complaint?
A victim of crime (or a representative of the family members of a victim of homicide) may make a complaint.
Under the Charter of Victims Rights, a victim is defined as a “person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of a criminal offence”.
“Harm” to a person may be physical or emotional and includes harm done to their property.
If the victim dies as the result of the crime, their immediate family members are considered victims of crime. They may nominate a representative to make a complaint.
What happens when you make a complaint?
If you contact the Victims Support Line about a complaint under the Charter, you can discuss your complaint and decide the best course of action for your situation. To assist you, a staff member will ask you about the background to your complaint. They will also ask you about any steps you may have taken to resolve the complaint yourself. The staff member will suggest possible steps you could take in your situation and help you decide what to do.
Dealing with complaints
To resolve any problems you may experience as a victim of crime, including complaints, there are several steps to be considered:
Step one
If you have a complaint about a government agency, you are encouraged to approach them directly first. Often it is best to raise your concerns directly with the staff member you have been dealing with. You can explain to them why you feel there is a problem, be able to answer any of their questions and find that through this process the issue may be able to be dealt with.
If this does not happen then it is suggested that you use that Department’s complaints mechanisms. All government agencies have their own complaints procedures, and they should explain these to you. Most agencies will require you to put the complaint in writing.
If you need assistance to write your complaint, you could ask the agency what help they can provide in lodging a complaint. Alternatively, for assistance, you may contact the Victims Support Line on 8688 5400 (Sydney metro area) or 1800 633 063 (toll free) or TTY (02) 8688 5575. Bureau staff can arrange for an interpreter if required.
Bureau staff are trained to help victims identify issues that may arise that are related to the rehabilitation process. On occasion, this means that Bureau staff may work through an issue with a you and together you may agree that the issue is not a breach of the Charter but relating to another concern or process eg sentencing of offenders where a victim may not understand why an offender received a sentence and may feel that their own situation was minimised as a result. Where this occurs the staff member will work with you to help identify the issue and provide information, support or referral as necessary.
Step two
If you have made a complaint in writing to another agency, and they have not responded or you are not satisfied with their response, you may request further assistance from the Bureau. You will need to put your complaint in writing to the Victims of Crime Bureau. You may write a letter or use the Bureau’s Complaints Form (Word 29KB) and submit this information to the Bureau
To write to the Bureau, you should address your complaint to:
The Manager
Victims of Crime Bureau
Locked Bag 5118
PARRAMATTA NSW 2124
When your written complaint is received, the Bureau will contact you to discuss your complaint. The Bureau will suggest options to assist you further.
Possible outcomes from complaints under the Charter
The Bureau can take steps to help you deal with the complaint with the agency concerned where necessary. This could involve the Bureau contacting the other agency on your behalf and making every attempt to resolve the complaint. This may involve setting up a meeting with you, your support person if needed and the relevant staff member or manger of that department. Or it may be that the department concerned will make arrangements to explain their actions to you. Other outcomes may be that the Bureau suggest mediation as a way of resolving your concerns.
The Bureau may also pursue any broader issues arising from your complaint using a range of means, such as developing protocols for agencies assisting victims, or by making recommendations for improving services for victims or by developing products or resources that assist victims of crime.
The Bureau may also publish examples of ways that complaints that have been successfully resolved and also examples of outcomes that are unsatisfactory for victims of crime.
You may wish to use the Complaints Form (Word 29KB) when contacting the Bureau in writing. Please open the Word document, fill in your details and either print it out and post it to the address above or save the form and attach as an email and send to vcb@agd.nsw.gov.au
