Go to Charter of Victims Rights Resource Kit - Introduction and Summary of Indicators

1. Courtesy, compassion & respect

A victim should be treated with courtesy, compassion and respect for the victim’s rights and dignity.

Rationale

Empowerment is a key concept that informs responses to victims of crime. An understanding of how trauma impacts on a victim’s ability to take in information and function is an important part of providing services that are compassionate and responsive to victims’ needs. Compassion is expressed through staff being empathetic and validating a victim’s experiences.

A victim’s recovery is also assisted through respectful and non-judgmental attitudes of staff. The development of strategies that meet the needs of victims of crime is an integral aspect of treating them with respect and dignity.

Awareness and identification of particular needs are also an important part of this Right. These include the needs of Aboriginal and Torres Strait Islander victims of crime, victims from culturally and linguistically diverse communities, newly arrived refugees, victims who are lesbian, gay or transgender and victims who have a disability.

Scope

This Right is applicable to all government services.

Indicators

1.1 Victims receive clear, accurate and timely information on their rights.
(Refer to Appendix 1 for other related indicators)

Most government services and non-government agencies have generic policies that relate to client rights, for example, a Guarantee of Service or Policy on Client Rights.

These policy statements can include the needs of victims or be supplemented by the development of specific policies that relate to victims of crime.

Rights that are particularly pertinent to victims of crime include the right to:

• respectful, courteous, non-discriminatory and compassionate service;
• confidentiality and privacy, including being informed about options available when mandatory reporting applies and circumstances under which confidentiality cannot be maintained;
• informed consent in relation to their options;
• protection and safety;
• have a support person of their choice, where appropriate;
• receive information on their rights at an appropriate time and in ways that ensures their understanding; and
• assistance to deal with the media.

Information on rights for victims could include giving victims printed information such as a pamphlet or information from the Victims of Crime website on victim’s rights, along with verbal explanation. Specific information on victims’ rights is listed in the Resource section and includes:

Brochures: Your Rights as a Victim of Crime

Charter of Victims Rights

http://www.lawlink.nsw.gov.au/vs

Staff will need to make judgments about when it is most timely to provide victims with information on their rights.

1.2 Staff are equipped with the necessary skills and knowledge to effectively recognise and respond to the needs of victims.
(Refer to Appendix 1 for other related indicators)

This indicator relates to training, professional development and resources that staff at all levels, including front line through to senior management staff, need to appropriately respond to victims initial and ongoing needs over time. This could include a range of training on topics such as:

• the Charter of Victims Rights and implications for practice, for example, implications in small rural areas where offenders and victims live in close proximity;
• the emotional and psychological issues experienced by victims;
• both general and trauma-specific support skills, including interviewing and counselling victims;
• resources (refer to Resources section of the Resource Kit);
• agency-specific training;
• legal responsibilities in preparing reports, for example, forensic protocols or legal reports;
• court support;
• sensitivity to indigenous issues;
• cross cultural sensitivity issues and training, such as strategies for using interpreters; and/or
• disability awareness education, including the identification of need/preference for an advocate.

Some of the ways that client service standards could be monitored include:

• obtaining feedback from other agencies;
• undertaking client/victim surveys;
• conducting internal quality reviews;
• monitoring the particular needs of victims of crime;
• multidisciplinary quality improvement activities;
• interagency meetings where issues for victims of crime are a standing agenda item; and/or
• conducting community consultations.

Flexible service delivery for people with a disability

A number of Local Courts, for example at Campbelltown and Liverpool, have trialled a “Flexible Service Delivery” program to improve services to people with a disability attending the Local Court. This is a practical program designed to improve staff understanding and responsiveness and to assist courts to provide a safe and comfortable environment for victims or witnesses who have a physical, intellectual or psychiatric disability. As well as increasing awareness, training for staff includes hands-on experience, for example, by learning how to guide a person who is blind. The most important feature of the program is that it gives staff at a local level the skills to “audit” the accessibility of the building and office. It also assists staff to review service delivery practices to identify barriers to receiving a service and how they can implement quite simple changes that make significant improvements for clients.

2. Information about services and remedies

A victim should be informed at the earliest practical opportunity, of the services and remedies available to the victim.

Rationale

Victims require information on a range of services that may assist them, at any point of contact with the system. Providing information assists in empowering victims to make informed choices about their options and assists their recovery and rehabilitation process. There is evidence to suggest that victims of crime can experience further trauma if they do not receive timely information about services and remedies throughout the proc

For some people with individual needs as a result of a disability and for children, it is often carers/guardians or significant others who also require accurate and timely information.

Responding to groups or individuals with particular needs is an important consideration in ensuring equitable access to information about available services and remedies. These groups include the needs of Aboriginal and Torres Strait Islander victims of crime, victims from culturally and linguistically diverse communities, victims who are lesbian or gay or transgender and victims with a disability.

Scope

This Right is applicable to most government services, but there are a number of primary agencies that most likely to be the early point of contact for victims. These agencies include:

• NSW Police;
• NSW Health;
• Attorney General’s Department;
• Department of Community Services;
• Department of Ageing, Disability and Home Care;
• Office of the Director of Public Prosecutions;
• Department of Corrective Services; and
• Department of Juvenile Justice.

Indicators

2.1 Agencies have access to up to date information on the range of services available for victims of crime.
(Refer to Appendix 1 for other related indicators)

Information on services can include names and locations of agencies, contact details and any associated costs. Increasingly, this information, including multilingual information, is available on websites that can be downloaded for victims. For a listing of key websites, refer to Appendix 4.

Agencies can maintain information on other services/agencies in the form of:

• hard copy or web-based service directories; and/or
• holding supplies of information produced by other services, for example, pamphlets, posters).

Agencies will need to have a system in place for ensuring that the information on other services is accurate and up to date and for ordering, maintaining, storage and display of the supplies. This is especially important when information supplies are maintained in hard copy.

2.2 Victims receive clear and timely information about key victim services that is appropriate to their needs.
(Refer to Appendix 1 for other related indicators)

This indicator requires victims to be informed, at the earliest stage appropriate, of the roles and responsibilities of key services for victims.

Compliance with this indicator could include the provision of written information and verbal explanations to victims and/or their support person at their first presentation. This information should include a pamphlet or card on their rights as a victim of crime and information on the Victims Support Line and how to contact them.

Implementation of this indicator requires agencies and their staff to:

• be aware of appropriate services and remedies for victims of crime, including culturally and linguistically appropriate services, or how to access this information;
• assist victims of crime to identify their needs; and
• be responsive to victims’ needs.

2.3 Agencies contribute to raising community awareness of the range of services and remedies available for victims.
(Refer to Appendix 1 for other related indicators)

Raising community awareness of the range of services and remedies available for victims could be achieved through:

• incorporating the information within agency communication and information strategies;
• organising and/or participating in community information and education initiatives and public awareness campaigns, including, for example, multilingual strategies through ethnic media, multicultural workers, multilingual pamphlets;
• provision of information in agency waiting and reception areas;
• publicly displaying information, for example, on public notice boards;
• articles in newsletters;
• website information and links to other websites;
• distributing information to other services, including NGOs and community groups;
• local implementation of initiatives that link in with national and state campaigns; and
• using the media.

Office of the Director of Public Prosecutions Best Practice Referral Flow Chart
The Witness Assistance Service (WAS) within the Office of the Director of Public Prosecutions (ODPP) has developed a Best Practice Referral Flow Chart. The flow chart outlines a process for referral to WAS matters involving victims of violent crime.

The flow chart is a two-tiered multidisciplinary referral system, which enables WAS Officers and ODPP lawyers to more easily identify victims and witnesses who could benefit by having access to the services offered to them. The first tier involves proactive identification by WAS Officers of priority criminal matters coming to the ODPP at the Local Court charge stage. At the second tier, ODPP solicitors and Crown Prosecutors and external agencies are encouraged to screen matters and make relevant referrals to the WAS.

The aim of the flow chart is to facilitate early referrals to the WAS, which, in turn, facilitates a case management approach to supporting victims of violent crime through the legal process. At an early stage in the flow chart, victims are also sent a letter and pamphlet by solicitors. This letter informs victims about how to make contact with the ODPP and WAS and how to seek information about the prosecution process. The combination of strategies facilitates the more timely provision of information for victims about the legal process and their role in it. Victims who make contact with the WAS can also access information about the services and remedies available to them.

Use of interpreters

As part of the Approved Counselling Scheme, Victims Services pay for accredited interpreters. During counselling sessions, Approved Counsellors are required to provide victims of crime with information on the availability of services and remedies for them.

3. Access to services

A victim should have access where necessary to available welfare, health, counselling and legal assistance responsive to the victim’s needs.

Rationale

Victims’ needs vary according to their own life experiences, personal circumstances and support mechanisms. A victim’s needs may also change as they progress through stages of the criminal justice/legal system and their own recovery. In providing access to services, government agencies need to be alert and responsive to varying needs. This is an integral aspect of providing accessible services.

Access is also related to the location of services, their opening hours and waiting times, cost, difficulties with language, the capacity to respond to the particular needs of victims and the quality and appropriateness of services that are received.

Scope

This Right is relevant to all government agencies, particularly those that provide human services.

Indicators

3.1 Victims receive coordinated services.
(Refer to Appendix 1 for other related indicators)

Many victims of crime require services from a number of differing government and non-government agencies. Therefore, coordination is an important aspect in being responsive to victim needs and providing information and services. Coordination can be assisted by working collaboratively with other relevant agencies and services. Knowing what other agencies provide as well as their boundaries and limitations, can help ensure that victims are referred to the most appropriate services.

3.2 Victims receive timely responses in critical situations.
(Refer to Appendix 1 for other related indicators)

Agencies may have policies and protocols for identifying critical situations and develop appropriate responses, including referral. Crisis situations for victims can include:

• the need for protection, emergency accommodation and emergency financial support;
• being physically injured;
• feelings of being suicidal;
• children involved being at risk; and/or
• the need for timely forensic responses.

To monitor the access and availability of their services for victims of crime, systems will be developed at state, regional and local levels to monitor:

• the range and spread of services available;
• service levels;
• referral patterns;
• waiting times; and
• client feedback.

• monitoring demographic information on service users (including age, sex, postcode of usual residence, ethnicity);
• types of services received;
• identification of victims who experience repeat incidents of crime (e.g. burglary, domestic violence);
• numbers and nature of referrals; and
• waiting times for the provision of services by both in-house and referral agencies.

3.5 State, regional and rural agencies will have strategies to address access issues for victims of crime living in rural and remote areas.

Issues that impact on their access to services include for victims living in remote and rural areas include:

• protecting confidentiality in areas where victims are known to many in their community ;
• protection from the accused;
• lack of access to the range of services available in larger centres; and/or
• the impact of local community attitudes, especially where victims and offenders and their respective families know one another and live in the same area.

• providing flexible service delivery models including outreach services, telephone or video conferencing, or on-line services;
• interagency responses;
• community education regarding victims issues, needs and rights; and
• education for staff on particular issues facing victims who live in small rural communities.

Equitable access to services for victims of crime requires agencies to have processes for identifying and responding to victims with particular needs. In particular, equitable access should be considered for the following groups:

• victims from Aboriginal and Torres Strait Islander backgrounds;
• victims from culturally and linguistically diverse backgrounds who may require interpreters or access to multilingual information; they may also require support from staff who have been trained in cross-cultural communication;
• victims who are children and young people;
• older people;
• victims with a disability, including an intellectual disability or mental illness (who may require a support person in court);
• gay men, lesbians or transgender victims; and
• victims from socio-economically disadvantaged backgrounds, who may require ongoing support to access services.

• consultation with indigenous organisations and community groups to develop appropriate responses;
• employment of staff with specific skills or characteristics;
• ongoing training and professional development of staff;
• building modifications to premises;
• amending service delivery practices and protocols; and/or
• access to interpreters, including interpreters for the deaf, for example, Auslan.

3.6 Standards for timely responses for requests for victim related services are established and monitored.
(Refer to Appendix 1 for other related indicators)

Agencies will have different responses to this indicator. For example, agencies that provide counselling support for victims of crime may need to consider setting standards regarding options to cover after-hours crisis situations. Standards could also include the timeframe for first appointment (for either face-to-face or telephone interviews) following initial contact by a victim or their representative, and waiting lists for services.

Such standards could be integrated as part of agency policies and procedures and guarantee of service statements.

Monitoring compliance with standards can be done through other performance monitoring processes such as periodic client surveys and client record audits.

3.7 Victims express high levels of satisfaction with the services they receive.
(Refer to Appendix 1 for other related indicators)

The implementation of this indicator requires agencies to have continuous quality improvement systems to enable regular monitoring
This could be done as part of other client satisfaction processes or as specific initiatives with victims of crime clients, for example, through client/user satisfaction surveys, court user’s forums, complaint and feedback mechanisms and post counselling review sessions. This indicator also requires systems to be in place to ensure that the findings from client satisfaction and complaint and feedback processes are used to sustain and improve the quality of services.

Examples of good practice

Interagency

In Condobolin, there is a generic interagency that meets quarterly. Members include NSW Police, the Town Clerk, DADHC and other government agencies, NGOs, Aboriginal agencies and agencies from other towns. The interagency is used as a networking forum to identify needs and gaps in services, discuss problems and develop responses and to have guest speakers. Specific victim issues are incorporated into this interagency.

Crime prevention

The NSW Police in Orange has been running a 12-month pilot crime prevention program (April 2001-March 2002) designed to reduce repeat break and enter crimes. The program involves several levels depending on the nature of the crime and victim needs. At a minimum, police endeavour to contact all victims by telephone. Level one involves police undertaking a security audit on homes that have been burgled and providing victims with recommendations on how to upgrade security. Victims are also provided with a crime prevention package. The package includes discount vouchers provided by local businesses for security upgrades, including window and door locks and alarms. Victims of repeat break and enter crimes can also receive free installation of locks and a ‘back-to-base’ alarm with audible siren free of charge for 90 days. For high risk victims, video monitoring can also be undertaken for a limited time period. The program is multidisciplinary involving the NSW Police, Orange City Council, the Crime Prevention Committee, Orange Rescue Squad, the Department of Housing and local industries.

Multidisciplinary approach within a service

Designated Victims of Crime Contact Officers in some Area Health Services organise and facilitate meetings that draw together staff from Accident and Emergency, the Sexual Assault Service and Community Health to identify and review key policies and procedures that are relevant to victims of crime. This is an example of a multidisciplinary approach to quality improvement of services for victims of crime.

Court Support Services

Local Courts have developed guidelines for court support services to help ensure clear understanding of the respective roles and responsibilities of Local Court staff and paid or volunteer workers in agencies that provide support or advocacy services to victims and victims who are witnesses.

A Court Support Agreement is signed by the Clerk of the Court and the auspicing body that addresses issues such as training, insurance coverage, OH&S issues, information sharing and dispute resolution. The Agreement helps to ensure that agencies meet the needs of clients and complement the operations of the Court and other justice agencies.

4. Information about investigation of the crime

A victim should, on request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation. In that case, the victim should be informed accordingly.

Rationale

Information about the investigation of the crime is an integral aspect of client service for victims of crime. The provision of accurate and timely information about the investigation of a crime by police is empowering to victims.

Scope

Indicator 4.1 is applicable to all agencies, and the remaining indicators are applicable to the NSW Police.

Indicators

4.1 Agencies ensure that staff are aware that victims have a right to information from the police officer in charge on the investigation of a crime and refer accordingly.
(Refer to Appendix 1 for other related indicators)

The NSW Police is the primary agency that is responsible for providing victims of crime with information on the investigation of a crime. Agencies need to ensure that staff are fully aware of, and comply with, this requirement. The agency in contact with the victim should refer the victim back to the police and, if known, the officer handling the matter, for information.

4.2 Police officers will respond to a victim’s requests for information in a courteous, timely and empathetic manner that is respectful of their rights.
(Refer to Appendix 1 for other related indicators)

The response of police officers to requests for information will be enhanced through:
giving all victims a completed copy of the Victims Support Card and verbal explanation;

• being focused on the victim and their needs;
• encouraging independence and options for the victim;
• providing information in a manner that assists the victim’s understanding and checking to ensure that this is achieved;
• clearly informing victims of what information may, or may not, be given, including where they are unable to disclose certain information that might jeopardise an investigation; and/or
• encouraging victims to contact them for information during the investigation of the crime.

4.3 The NSW Police will have systems in place to monitor victim satisfaction with information on the investigation of a crime.
(Refer to Appendix 1 for other related indicators)

For example, Standard Operating Procedures (SOPs) for dealing with victims of crime that include the requirement for police officers to ensure victims receive a Victims Support Card and that compliance is recorded on the Computerised Operational Policing System (COPS) as an action. This could be monitored by supervisors during their verification of events.

The quality control processes that are part of the Anti Corruption Plan, whereby victims of crime are contacted on a random basis by the Duty Officer, are also a way of monitoring victim satisfaction with the information they receive from police on the investigation of a crime.

Example of good practice

Victim Support Card

The Victims of Crime Bureau worked with the NSW Police to develop the Victim Support Card. The card includes the Police Officer’s details, how to contact them, time and date of report, COPS Event No., a summary of the Charter and information about the Victims Support Line. It is a policy requirement that police officers provide all victims of crime with a completed copy of the Victims Support Card and advise victims to contact the Police Officer in charge of the case for information about the crime.

5. Information about prosecution of accused

A victim should, on request, be informed of the following:

• the charges laid against the accused or the reasons for not laying charges,
• any decision of the prosecution to modify or not to proceed with charges laid against the accused including any decision for the accused to accept a plea of guilty to a less serious charge in return for a full discharge with respect to the other charges,
• the date and place of hearing of any charge laid against the accused,
• the outcome of the criminal proceedings against the accused (including proceedings of appeal) and the sentence (if any) imposed.

For some victims, having access to information about the prosecution may assist their recovery. This was shown in the victim survey undertaken in 2001 by the Victim Support Line. While not all victims require such information, they need to be aware that information may be made available, if requested. Victims are not entitled to influence the decision-making processes regarding prosecution of the accused. However, their role as a witness in the prosecution should be respected.

Scope

This Right is relevant to the NSW Police and, to the Office of the Department of Public Prosecutions for matters that are referred to that Office.

Indicators

5.1 Victims receive clear and accurate information about the prosecution at an early stage of proceedings.
(Refer to Appendix 1 for other related indicators)

Refer also to Right 6: Information about the trial process and role as a witness in relation to victims as witnesses being informed about the prosecution process.

Victims of crime should be encouraged to make contact with the investigating Police Officer or the ODPP handling the case to obtain information about the prosecution.
Information provided by police or ODPP officers to victims can include written or verbal information, including multilingual information regarding:

• charges laid against the accused or the reasons for not laying charges;
• any decision of the prosecution to lay charges or not to proceed with charges laid against the accused;
• date and place of any hearing in relation to charges laid against the accused;
• the possible outcomes of criminal proceedings against the accused, including appeal proceedings and the sentence imposed (if any);
• steps in the legal process;
• where relevant, how to deal with the media at court;
• role of the Witness Assistance Service and where to go for further information; and
• other support services available.

For summary offences that are heard by a Magistrate in the Lower Court, where offenders are charged and sentenced, victims should be informed about the prosecution process by the Police Officer in charge. This information should be given at their initial interview or at an appropriate time before the case is heard. Information given to victims needs to recorded in COPS and can be monitored through Supervisors.

Example of good practice

Office of the Department of the Public Prosecutor’s (ODPP) Witness Assistance Service

The ODPP Witness Assistance Service (WAS) is staffed by professionally qualified workers. WAS provides a range of services to meet the needs of victims of crime and witnesses appearing in court matters prosecuted by the ODPP. There is a WAS officer located at a number of ODPP offices and contact details are given on the ODPP website (see Appendix 4). They can provide information about details of the ODPP Solicitor in charge of the prosecution and how to contact them, what to expect in court and other court preparation support. Their assistance is mainly limited to serious indictable matters.

6. Information about trial process and role as witness

A victim who is a witness in the trial for the crime should be informed about the trial process and the role of the victim as a witness in the prosecution of the accused.

Rationale

Victims play a specific role as witnesses in the judicial system. An understanding of this role may enhance an individual’s understanding of the processes and also enhance a victim’s role in the proceedings. Victims may also require the opportunity to better understand stages of the judicial process, such as charge bargaining. This is empowering both for the victim and the justice system.

Scope

• NSW Police;
• Office of the Director of Public Prosecutions (ODPP) and Witness Assistance Service;
• Local, District and Supreme Courts;
• Agencies that provide court support, such as NSW Health Sexual Assault Services and funded schemes such as the Legal Aid Commission’s Women’s Domestic Violence Court Assistance Scheme; and
• Department of Community Services - in matters relating to child protection.

6.1 Victims who are witnesses receive clear, accurate and timely information on the role of a witness and what to expect.
(Refer to Appendix 1 for other related indicators.)

Information provided to victims on the role of a witness and what to expect can include:

• giving evidence and cross examination;
• people who will be present in the court room and their roles;
• operations of the court;
• familiarity with the court environment; and
• discussion of expectations of witnesses in court.

• visually, for example, by video, by being shown a diagram of a court, or by a guided tour of a court;
• by referral to a court support worker or a court support group;
• written materials, such as the pamphlet Being a Witness: ODPP Witness Assistance Service (refer to Resource section); and/or
• through a court preparation program.

Court support can range from information and court preparation to on-site support. Agencies that provide court support must ensure that their staff comply with the relevant standards documented in Standards for Providing Court Support Services for Victims of Crime and information for court support persons (see Appendix 6). Issues to consider include:

• ensuring all court support staff receive initial and ongoing training on the relevant standards in the Standards for Providing Court Support Services for Victims of Crime, court processes and resources available for victims; and
• ensuring that the agency has systems in place to enable compliance with the Standards for Providing Court Support Services for Victims of Crime.

To assist victims to communicate effectively as witnesses during the court process, prosecuting authorities need to have systems or guidelines for:

• identifying the need for interpreters and notifying court staff of the need for interpreters;
• liaison with agencies providing court support for victims to identify any other needs;
• facilitating communication with victims who have disability- related needs. Relevant issues include being able to understand victims who have a hearing or speech impediment and ensuring that victims with a disability understand the court process and their role as a witness; and/or
• advising children and young people of the special provisions that are available under the relevant legislation.

Protocols for ODPP staff making contact with victims could cover:

• defining different categories of victims for example, child sexual assault matters, or matters involving death;
• correspondence sent to victims;
• holding conferences with victim(s) – their purpose, process, and areas to be covered, including an explanation of the prosecution process and the role of the agency;
• providing information on the Victim Impact Statement and other victims’ rights; and
• identifying any particular needs of the victim.

NOTE: The NSW Interagency Guidelines for Child Protection Intervention and the Children’s and Young Person’s (Care and Protection) Act 1998 provide the guidelines and provisions for the protection of children and young people in NSW. They include the role of Department of Community Services, the NSW Police, the Office of the Director of Public Prosecutions and NSW Health in relation to children as witnesses and the conduct of criminal proceedings where children and young people are victims and/or witnesses.

• Compliance with the guidelines and provisions for children and young people could be achieved through the following strategies:
• inclusion of information about the Guidelines and the Act as part of court support workers’ initial and ongoing education and training;
• ensuring that court support workers receive any updated information, through, for example, their participation in Interagency Training Workshops; and
• providing opportunities for court support workers to clarify any aspects of the Guidelines and the Act with appropriate personnel from the NSW Commission for Children and Young People.

Some victims experience difficulty getting costs covered when attending court as witnesses. Issues to be clarified with victims who are witnesses include:

• what costs are covered;
• ensuring that sufficient money is provided to cover actual costs, for example, whether travel to and from the airport is included. Sufficient resources may need to be more in rural areas to cover the additional travel costs;
• timely payment of expenses, including provision of a daily or an advance payment, rather than reimbursement of costs; and
• the approval process required at different levels, including who authorises and approves payment.

Examples of good practice

Your Day in Court
The Victims of Crime Bureau, in conjunction with members of the Victims of Crime Interagency Forum, produced the video and information booklet entitled Your Day in Court. The video is an information resource for victims of crime who may be required to attend court as witnesses. Its purpose is to reduce the stress associated with appearing in court as a witness by giving victims information about what to expect. By having this information, victims can approach the court experience from a position of knowledge, confidence and strength.

Victims of crime can view the video privately or in a court preparation session or with identified supports such as victims’ groups, counsellors or other support agencies.

The video has been sent to over 600 organisations across NSW. It is also available in captioned format.

Nothing But The Truth
Nothing But The Truth is a package on court preparation for adult and child witnesses in sexual assault proceedings. It provides an overview of the legal, planning and emotional issues which workers providing court preparation need to address, when providing support and information to sexual assault victims about court.

Programs, exercises and handouts are outlined for child witnesses and their parents/carers, and for adult witnesses and their support people. This package is only available to sexual assault counsellors, or other counsellors who have attended appropriate training on sexual assault and the legal system. The package is widely used by NSW Health Sexual Assault Services and Child and Adolescent Sexual Assault Counsellors to provide information to clients and was updated in 1995.

Responding to the needs of Aboriginal victims
Local Courts has fifteen Aboriginal Client Service Specialists (ACSSs) to provide information and assistance to Aboriginal clients at court. The creation of these positions at courts in areas with large Aboriginal populations recognises the reluctance and anxiety that many Aboriginal victims of crime may feel about attending a court to seek help or give evidence.

As well as providing direct support at Court, the ACCSs, generally in partnership with the Chamber Magistrate and Clerk of the Court, provide outreach services in isolated or remote communities or at locations that are more culturally comfortable for Aboriginal clients such as Land Councils, Aboriginal Community Controlled health and community centres. Staff can help explain court processes and procedures, outline the support options available and ensure that the victim or witness has a familiar person they can seek out when they attend the Court.

7. Protection from contact with accused

A victim should be protected from unnecessary contact with the accused and the defence witnesses during the course of court proceedings.

Rationale

This Right recognises that victims of crime may suffer unduly when assisting in the prosecution of offenders. The Right seeks, where possible, to lessen the potential trauma that may be involved when victims come into contact with offenders during court appearances. This Right is particularly important for victims who are, or who have been, in an intimate relationship with the accused.

Scope

• Local, District and Supreme Courts;
• Office of the Sheriff of NSW;
• NSW Police; Department of Community Services; and
• Agencies that provide court support, such as NSW Health Sexual Assault Services and funded schemes such as the Legal Aid Commission’s Women’s Domestic Violence Court Assistance Scheme.

7.1 Victims are protected from unnecessary contact with the accused and the defence witnesses during the course of the court proceedings.
(Refer to Appendix 1 for other related indicators.
Refer also to 5.1 Standards for Providing Court Support Services for Victims of Crime (see Appendix 6))

Victims may be protected from unnecessary contact with the accused and the defence witnesses through the development and implementation of guidelines and procedures that include the following:

• the provision of separate waiting areas or rooms for victims that are private, have lockable doors and are not visible to the street. This may include an off-site and safe, private waiting area nearby to the court;
• alternative entrances or exits for victims to use;
• early notification of possible risk to the victim of harm by the offender or their family and friends;
• assessing safety risks in consultation with the victim;
• access by victims to Court and Police Officers;
• circumstances that require relocation to another court which could be more secure;
• emergency and evacuation plans that are clearly displayed in each court room and waiting areas; and/or
• systems for monitoring compliance and responding to security breaches or threats to the victim’s safety.

(Refer to 5.2 Standards for Providing Court Support Services for Victims of Crime (see Appendix 6))

• court administrators ensuring understanding of, and compliance with, court security and safety issues are an integral part of assessing applications from organisations wishing to provide on-site court support;
• provision of court orientation for on-site court support workers as part of their initial training;
• courts maintaining a list of on-site court support agencies and ensuring that court support workers receive updates and any new protocols regarding court security and safety measures, including evacuation and emergency plans; and
• ensuring on-site court support workers are familiar with the process for reporting any concerns about client safety to relevant court staff.

Improving the court environment
Court staff at Broken Hill had to overcome the difficulties of having only one witness room in a court where both Local and District Court matters were heard and where male and female victims of crime and witnesses were required to share this small space. The building is heritage listed and no significant modifications were possible.

The lack of a dedicated “safe” room resulted in situations where domestic violence victims were forced to share the same waiting area with the defendant and his/her family and/or supporters. Staff were concerned that the direct and indirect hostility many victims experienced was not only causing them undue anxiety, but in some cases, led to the party withdrawing or not proceeding with an application for an Apprehended Violence Order (AVO).

Court staff decided to meet with all the other justice agencies and court support groups to look at strategies. They put in place arrangements to have AVO applicants meet at the Women’s Domestic Violence Court Assistance Scheme premises near the court until one of the legal interview rooms became free after court started at 10am. Staff put up posters and other decorations to brighten up the room and toys to help entertain children accompanying their parents.

Staff also changed the layout in the courtroom so that the police prosecutor sat near the entrance with the victim by his side, thus putting a physical barrier between the defendant and the victim. They also changed the arrangements for the parties to sign the orders, so that the defendants now come to the counter and court staff take copies of the order to another location for the victim to sign.

This example illustrates that sometimes a solution may be found through discussion, coordination or planning, without requiring more resources.

Enhancing safety
Staff from the Department of Corrective Services assist in almost all transfers of inmates to and from prison, escort of inmates to and from cells in the court and with the guarding of inmates during hearings at the Sydney Police Centre and the Newcastle Local Court. These measures assist in protecting victims of crime and enhance their safety during court proceedings.

8. Protection from accused

A victim’s need or perceived need for protection should be put before a bail authority by the prosecutor in any bail application by the accused.

Rationale

Recognising victims’ needs regarding their safety or fear of possible intimidation or retaliation assists a victim to take an active role in the prosecution process.

Scope

• NSW Police; and
• Office of the Director of Public Prosecutions (ODPP)

8.1 A victim’s needs for protection from the accused is assessed by the police in consultation with the victim and communicated to the prosecutor.

A victim’s need for protection is normally assessed by the police officer in charge as part of the initial investigation and interview with a victim of crime. Victims should be encouraged to contact the police at any time if they have any concerns about their safety.

Where there are concerns about the victim’s safety, this is communicated by the police officer to the prosecutor.

8.2 The prosecuting authority will put a victim’s safety needs before the court.

A victim’s safety needs and concerns should be raised by the prosecuting officer (either the police or ODPP prosecutor) during bail applications.

8.3 Any changes that may impact on a victim’s protection from the accused have an appropriate response.

As part of their initial safety assessment by the investigating police officer, victims need to be informed that, if they become concerned about their safety and protection from the accused, that is, they believe they are at an increased risk, they should make contact with the relevant police officer or police station. Options to enhance their safety can include applying for changes to bail conditions.

Examples of good practice

Witness Protection Service
The Police Witness Protection Program (WPP) is run under the Witness Security Unit. The WPP protects and secures the safety of witnesses giving evidence on behalf of the Crown. Functions include escorts, providing safe accommodation and other security measures as required.

Courts
To enhance victim safety during prosecution, Courts may be able to list the matter at a set time for the accused to attend. Victims in a high risk category could attend Court at another time and location. Alternatively, the accused could be kept in Court after the matter is finalised to allow the victim time to leave the Court and surrounding area without being seen by the accused.

9. Protection of identity of victim

A victim’s residential address and telephone number should not be disclosed unless a court otherwise directs.

Rationale

Judicial and administrative processes should take measures to minimise a victim’s fear of intimidation, retaliation by an offender, protect their privacy and enhance their safety. Information should be provided regarding all possible avenues of protection while giving evidence. This Right is particularly important for victims living in rural and remote areas, and includes consideration of the needs of particular groups, for example, gay men who may not be ‘out’ in a small community.

Scope

All agencies

Indicators

9.1 Agencies will ensure that all staff are familiar with the requirements to protect the identity of victims and have systems in place to monitor compliance.
(Refer to Appendix 1 for other related indicators.)

Every agency’s Privacy Management Plan (a requirement of the Privacy and Personal Information Act 1998) will have a policy that protects the identity of victims of crime.

Strategies to assist staff to protect the identity of victims of crime and to monitor compliance with protecting the identity of victims can include:

• requirement for staff to sign a confidentiality agreement at their commencement of employment. These agreements may need to be reviewed to ensure they meet the requirement to protect the identity of victims;
• inclusion of protecting the identity of victims of crime as part of orientation and staff education on confidentiality issues;
• obtaining legal advice before handing over documents not expressly covered by existing legislation or memorandums of understanding which protect the identity of victims of crime;
• ensuring protocols and procedures for exchange of information between agencies, including the protection of the identity of victims;
• risk management strategies that include the protection of the identity of victims and immediate responses to breaches of confidentiality; and
• adhering to privacy policies and procedures for ethical data collection and research.

• ensuring all paper records are held in an area that can be secured, such as a lockable room, deadlocks on external doors and windows, bars on windows;
• audits of facilities to ensure that confidential information is not visible or accessible to the public during opening hours; and/or
• checking that computer systems have security systems that protect information, for example, using encryption or passwords, are regularly changed.

To ensure that victims receive information about how their identity can be protected, victims need to be given the following information that, depending on the requirements of the court, they may:

• request suppression or limited disclosure of their name, address, or contact details;
• give evidence under an assumed name;
• request non-publication orders and how this is done; and/or
• request a closed court.

Prior to any court hearings relevant to the victim’s situation, victims are informed they may request not to include their address or telephone number on court documents as documents submitted in court are not confidential.

Example of good practice

Department of Corrective Services, Victims Register
The Department of Corrective Services recognises the importance of protecting the identity of a victim. To address this issue, the Victims Register uses a secure database and filing system, both with very limited access. The database is not linked to the computer system of corrective institutions and only designated staff can access the database.

10. Attendance at preliminary hearings

A victim should be relieved from appearing at preliminary hearings or committal hearings unless the court otherwise directs.

Rationale

To reduce the trauma of having to give evidence more than once, victims, where appropriate, should not have to attend all stages of the criminal justice proceedings. The use of paper committals has substantially increased in recent years and thereby reduced the need for victims to attend committal hearings.

Scope

• Office of the Director of Public Prosecutions (ODPP); and
• NSW Police.

10.1 Relevant agencies will have processes that ensure victims receive clear, timely and accurate information and appropriate support where their attendance at a preliminary or committal hearing is required.
(Refer to Appendix 1 for other related indicators.
Refer also to Right 6)

Where their attendance at a hearing is required, and if victims request assistance, the ODPP and NSW Police will provide information to victims on court preparation. To ensure that information, preparation and court support and counselling is available to victims attending a hearing, officers from these agencies will also refer victims to an appropriate agency where possible. Relevant agencies that can provide this support include NSW Health’s Sexual Assault Services, Domestic Violence counsellors, the Witness Assistance Service of the ODPP, victims support groups such as Homicide Victims Support Group, Enough is Enough, Victims of Crime Assistance League, Mission Australia or other non government organisations.

Example of good practice
The ODPP will ordinarily oppose the calling of a victim as a witness in a preliminary hearing. There are occasions, however, where the defendant’s legal representative, or the ODPP, will make an application to call a victim in a preliminary hearing. In the case of a defence application, the ODPP, in the interests of justice, may consent to the application. There are also occasions where the court directs the victim to attend the hearing for the purpose of giving evidence or of being cross-examined, in spite of the ODPP objections.

11. Return of property of victim held by State

If any property of a victim is held by the state for the purpose of investigation or evidence, the inconvenience to the victim should be minimised and the property returned promptly.

Rationale

This Right recognises that, for a variety of reasons, victims may lose access to property that has been taken as part of the legal process. The return of a victim’s property should be made in a timely and sensitive manner and in a way that respects a victim’s dignity within the criminal justice system.

Scope

• Local, District and Supreme Courts; and
• NSW Police.

11.1 Relevant agencies will have clear guidelines on the return of a victim’s property and ensure that all staff are aware of and comply with the guidelines.
(Refer to Appendix 1 for other related indicators.)

The guidelines on the return of a victim’s property to be developed by relevant agencies should cover:

• a description of the differing types of property;
• the various contingencies for holding and the return of property;
• informing victims of that there are guidelines for the return of property; and
• the process for returning property that is respectful of, and sensitive to, the victim’s needs.

Where an appeal is lodged, property is retained by either the NSW Police or the prosecutor until the outcome of the appeal. On occasion, retrials may be ordered and the property will need to be retained for the hearing.
The NSW Police Handbook includes a section on Exhibits that details the range of property types and guidelines for receiving, management, storage and returning of property to owners.

The development of interagency guidelines may be useful for the implementation of this indicator.

11.2 Victims receive information on the return of their property by relevant agencies in a timely and sensitive manner.

(Refer to Appendix 1 for other related indicators)

• why their property is held and how it will be used;
• how their property is registered and safeguarded; and
• when and by whom their property will be returned.

13. Information about outcome of bail application

12. A victim should be informed about any special bail conditions imposed on the accused that are designed to protect the victim or the victim’s family.
&
13. A victim should be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.

Rationale

A victim of crime or their family may benefit from receiving timely information about special bail conditions and outcomes of bail applications particularly as it relates to their perceived or actual need for safety.

Scope

• NSW Police; and
• Office of the Director of Public Prosecutions (ODPP)

12.1 &13.1 Victims and/or their families are consulted in relation to safety issues and appropriate bail conditions.

Strategies to ensure that victims, and/or their families, are consulted in relation to safety issues and appropriate bail conditions include consulting with victims as part of assessing the nature and extent of their safety concerns and needs.

An example of consultation is, in relation to police bail matters, the police officer in charge of the case can be present at the bail hearings. Through their contact with victims, the police officer will often be aware of any concerns that the victim might have with regard to their safety.

12.2 &13.2 Victims and/or their families receive clear and timely information about special bail conditions and the outcomes of bail applications.
(Refer to Appendix 1 for other related indicators)

While the police officer in charge may be present at bail hearings, this is often not the case. Therefore, the ODPP needs to ensure it has systems in place for informing the relevant investigating officer in a timely fashion of variations to bail conditions and/or outcomes of bail applications.

It is a requirement of the NSW Police for variations to bail conditions to be entered into Computerised Operational Policing System (COPS).

Police systems or Standard Operating Procedures for informing victims about special bail conditions and the outcomes of bail applications need to include:

• processes for contacting and informing the victim about the special conditions and/or outcomes of bail applications, and what victims should do if bail conditions are breached;
• contingencies for identifying and responding to circumstances where it is difficult to make timely contact with victims, for example after hours, where they have no telephone, and changed circumstances that may place victims at increased risk;
• contingencies for making sure victims are informed in circumstances where bail applications are heard the same or next day to their application; and
• recording that victims have been informed, for example, on the COPS event report.

Monitoring compliance with requirements for informing victims about special bail conditions and the outcomes of bail applications could include:

• including being informed of the outcomes of a bail application as part of assessing victim satisfaction;
• incorporating compliance into police quality reviews of COPS events; and/or
• making compliance levels the focus of random surveys of selected victim groups.

A relevant victim should have access to information and assistance for the preparation of any victim impact statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.

Rationale

A victim who is eligible to make a Victim Impact Statement (VIS) may wish to have the opportunity to make a statement before the court about the impact of the crime as part of their recovery process. Not all victims will want to take this opportunity, however, in order to make an informed decision about whether or not to make a VIS, victims should receive timely and accurate information and assistance.

Scope

• Office of the Director of Public Prosecutions; and
• Victims of Crime Bureau.

14.1 Eligible victims receive clear, timely and accurate information about the VIS and are referred to an appropriate agency for further assistance.
(Refer to Appendix 1 for other related indicators.)

Information that victims receive about making a Victim Impact Statement should include:

• who is eligible to make a VIS;
• a copy of the Victim Information Statement Information Package (see Appendix 3);
• the purpose of a VIS;
• the expected process for preparing a VIS;
• how the VIS is submitted in the sentencing court and what victims can expect, including that copies are submitted to the judge and the defence; that if the victim prepares the VIS, they may be cross examined on their statement; and that a VIS is one of a number of considerations made by the sentencing judge;
• the legal responsibilities of qualified personnel who can assist in the preparation of VIS; and
• contact details of agencies that can provide further information and support.

14.2 Victims are informed of the options for preparing a VIS.
(Refer to Appendix 1 for other related indicators)

Informing a victim of their options for preparing a VIS includes:

• that they may prepare a statement themselves;
• the option of receiving assistance to prepare a statement themselves;
• providing a referral for professional assistance for victims unable to write it themselves, including discussion of how any fees incurred may be met; and
• assisting victims to access to an interpreter or translator as required.

The VIS is enhanced if the Victim Impact Statement Information Package is used as a guide to its preparation. The information to be included is:

• the name of victim;
• the name of offender;
• the charges to which the VIS relates;
• the sentencing court and date of the sentencing hearing;
• details of the personal harm and, where appropriate, the inclusion of a medico-legal report or social work/psychological report; and
• the name of a person who prepared the statement, their signature and date.

Victim Impact Statement Information Package
Although the Right to make a victim impact statement is one of the Rights under the Charter of Victims’ Rights, the Office of the Director of Public Prosecution (ODPP) and the Victims of Crime Bureau recognised that victims needed accurate information in order to assist victims in making an informed decision about whether or not to make a statement and what should go in the statement if a decision is made to proceed.

The Victim Impact Statement Information Package was developed as a response to this identified need. Victims of crime may receive the package from the ODPP or the Victims of Crime Bureau. Victims can discuss their individual circumstances with staff and make a decision according to their own personal circumstances.

15. Information about impending release, escape or eligibility for absence from custody

A victim should on request, be kept informed of the offender’s impending release or escape from custody, or of any change in security classification that results in the offender being eligible for unescorted absence from custody.

Rationale

For some victims of crime, information about an offender who is incarcerated may assist in their recovery and may alleviate their safety concerns in the interim. Although some victims do not wish to have information about the offender, victims need to be made aware of the processes involved in being on a Victims Register and how to access relevant registers and organisations. This information should be made available by relevant organisations throughout a victim’s recovery process.

Scope

• Department of Corrective Services (DCS) Restorative Justice Unit Victims’ Register;
• NSW Health Mental Health Review Tribunal Victims’ Register; and
• Department of Juvenile Justice Victims’ Register.

15.1 Victims receive clear and timely information on the Victims’ Register.
(Refer to Appendix 1 for other related indicators.)

Information for victims on the Victims’ Register would include:

• who is entitled to register on a Victims Register;
• the purpose of a Victims Register and the types of information that may be made available to the victim as a result of registering;
• the relevant Victims’ Register; and
• how to contact the relevant Register.

The designated contact officer from each of the Victims’ Registers provides victims with information on the Register and a copy of the application form. The Victims’ Register contains the names and contact details of victims who have requested registration of their interests. The Register is strictly controlled and access to each Register is limited to staff with a genuine and essential need to have such access.

15.2 Personnel in the relevant Registers receive timely and accurate information on changes to an offender’s status.
(Refer to Appendix 1 for other related indicators)

Each government department that is responsible for a Victims’ Register will ensure that there are protocols for informing the designated contact person of relevant details concerning an offender, including:

• their impending release from custody;
• their eligibility for unescorted absence from custody; and/or
• their escape from custody.

15.3 Registered victims receive clear, timely and accurate information of changes to an offender’s custodial status and are referred to support services if required.
(Refer to Appendix 1 for other related indicators)

Several factors should be considered to ensure registered victims receive clear, timely and accurate information of changes to an offender’s custodial status and are referred to support services if required, including:

• the information contained in the Victims’ Registers should be accurate and up to date. To enhance the currency and accuracy of information provided to victims, the designated contact persons need to make it clear to victims to inform the Register of any changes to their contact details,
• procedures being in place for occasions where the designated contact person is unable to make timely phone contact with a victim,
• designated contact persons giving victims timely and accurate information regarding a change to an offender’s status. This information may include, where relevant, parole conditions and, on request, the general area in which the offender is intending to reside;
• designated contact persons being aware of the limitations on the information they can provide to victims; and
• designated contact persons maintaining their knowledge and understanding of the support services available so they can refer victims accordingly.

Victims’ Registers
There are three Victims’ Registers to ensure that regardless of where the offender is held in custody, victims can have access to relevant information about the offender’s status. The registers are operated through the Department of Corrective Services (DCS), Department of Juvenile Justice (DJJ) and NSW Health, Mental Health Review Tribunal. The DCS and DJJ provide all newly registered victims with a resource package that includes information on services available through the Victims of Crime Bureau. The Community Liaison Officer from the DCS Victims’ Register maintains regular contact with interagency members, particularly victims groups, as a way of promoting the Victims’ Register. Other strategies to promote the Register include addressing victims groups, conferences and telephone support training sessions.

16. Submissions on parole & eligibility from absence from custody of serious offenders

A victim should, on request, be provided with the opportunity to make submissions concerning the granting of parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.

Rationale

Victims require timely and accurate information about the processes involved in making a submission to the Parole Board or Department of Corrective Services regarding an offender’s possible release to parole or unescorted leave from custody. While not all victims will want to make a submission, access to information is part of victim empowerment and rehabilitation. The Parole Board is required by law to have regard to the likely effect of an offender being released on parole on any victim and their family.

Scope

• Department of Corrective Services;
• Department of Juvenile Justice; and
• NSW Health Mental Health Review Tribunal

16.1 Victims receive clear, timely and accurate information on submissions concerning offenders in custody.
(Refer to Appendix 1 for other related indicators.)

The common agencies that provide victims with information on submissions concerning offenders in custody include the Department of Corrective Services, Victims of Crime Bureau and major victims groups. Information that victims should receive includes:

• who can make a submission;
• what may be included in a submission;
• who the submission is made to, for example, DCS, the Parole Board or Serious Offenders Review Committee, and how the submission is considered; and
• when review hearings are held and the victim’s attendance and role at a hearing.

16.2 There are protocols regarding the Parole Board’s consideration of victim’s submissions.
(Refer to Appendix 1 for other related indicators)

The Parole Board is required by law to write to relevant victims and provide information regarding the Board’s intentions, that is, to make a Parole Order or not to make a Parole Order.

The Parole Board is required to consider submissions from victims in their deliberations. Each member of the Parole Board receives a copy of the victim’s submission and considers the effect of the release on the victim/ their family or safety issues.

The Parole Board’s decision is made available to the designated contact officer of the Register who will convey this information to the victim in writing and by phone if necessary and will provide further advice if required.

Example of good practice

Consideration of Parole
A 35-year-old woman was the victim of an aggravated armed robbery. The Parole Board was due to consider the offender’s release to parole in November.

The Community Liaison Officer at the Victims Register in the Department of Corrective Services wrote to the victim in September giving her this information and inviting her to consider whether or not she wished to make a submission to the Parole Board. Included with the letter was a copy of the Submissions Concerning Offenders in Custody Information Package.

The victim contacted the Community Liaison Officer on a few occasions to discuss her options. In particular, she had concerns about attending if the matter went to hearing. To assist her, the Community Liaison Officer arranged for her to have a familiarisation tour of the Parole Board hearing room.

After reading the package and seeing the hearing room, the victim made a decision to go ahead with her submission.

17. Compensation for victims of personal violence

A victim of crime involving sexual or other serious personal violence should be entitled to make a claim under the statutory scheme for victims compensation.

Rationale

Victims of violent crime are entitled to claim for compensation for injuries sustained as a result of the crime. The victims compensation scheme has been broadened to include an entitlement to counselling under the Approved Counselling Scheme which is aimed at assisting victims to recover from the trauma associated with the crime. The money paid as compensation will be recovered from the offenders if there has been a conviction.

Scope

This Right is applicable to all government agencies.

Indicators

17.1 Victims have clear, accurate and timely information about the statutory scheme for compensation, including the Approved Counselling Scheme.
(Refer to Appendix 1 for other related indicators.)

Providing comprehensive information about counselling and compensation under the Victims Support and Rehabilitation Act 1996 could be achieved by:

• all service providers ensuring that they have appropriate information about the work of Victims Services. The information can either be in written form, pamphlets and application forms from Victims Services, or accessed through the appropriate websites;
• providing victims with information on the eligibility criteria for compensation and limitations and ensuring they understand that their Right to apply for compensation does not automatically mean that their claim will be successful; and
• providing information on entitlements at the earliest opportunity as applications for statutory compensation are to be made within two years of the act of violence.

17.2 Victims of crime receive assistance, where appropriate, to make a claim.
(Refer to Appendix 1 for other related indicators)

Service providers should provide an explanation to victims about victims’ entitlements and ensure that victims have the contact number of Victims Services and the website address to access further information. Victims can also be provided with a copy and/or verbal explanation of the pamphlet and application form, Application for Compensation by a Primary or Secondary Victim.

Victims should be informed that if, in making an application for compensation, they wish to engage a solicitor to act on their behalf, Victims Services may pay the costs of the solicitor. The Law Society can assist victims in locating a local solicitor familiar with victim compensation claims.

Example of good practice