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Charter of Victims Rights Resource Kit - Introduction
Implementing the Charter of Victims Rights
Victims Rights Act 1996
Contents
Introduction
Summary of indicators
Right 1: Courtesy, compassion & respect
Right 2: Information about services and remedies
Right 3: Access to services
Right 4: Information about investigation of the crime
Right 5: Information about prosecution of accused
Right 6: Information about trial process and role as witness
Right 7: Protection from contact with accused
Right 8: Protection from accused
Right 9: Protection of identity of victim
Right 10: Attendance at preliminary hearings
Right 11: Return of property of victim held by State
Right 12: Information about special bail conditions
Right 13: Information about outcomes of bail application
Right 14: Victim impact statement
Right 15: Information about impending release, escape or eligibility for absence from custody
Right 16: Submissions on parole & eligibility from absence from custody of serious offenders
Right 17: Compensation for victims of personal violence
Appendix 1: Cross Referencing of indicators
Appendix 2: Information on key government agencies providing services for victims
Appendix 3: Resources
Appendix 4: Websites
Appendix 5: Personnel & organisations consulted on the standards
Appendix 6: References
Introduction
The Victims Rights Act 1996 was assented to on 2nd December 1996. The object of the Act is to recognise and promote the Rights of victims of crime. The Act included the Charter of Victims Rights, which sets down 17 Rights of victims of crime. The Act also established the Victims of Crime Bureau located within Victims Services. The role of the Bureau is to promote and oversee the implementation of the Charter.
The Act defines a victim of crime as follows:
“a victim of crime is 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. A person suffers harm if, as a result of such an act:
(a) the person suffers actual physical bodily harm, mental illness or nervous shock, or
(b) the person’s property is deliberately taken, destroyed or damaged.
If the person dies as a result of the act concerned, a member of the person’s immediate family is also a victim of crime for the purposes of this Act.”
Implementation of the Charter of Victims Rights involves a number of government agencies and is achieved by those agencies undertaking actions both at a systemic level and at a service delivery level. To further the implementation of the Charter of Victims Rights, this Resource Kit has been developed in partnership with key agencies. The Resource Kit will serve a number of purposes:
- as a guide to agencies on the best practice to be followed in relation to the Charter;
- as a quality assurance mechanism for agencies to undertake internal evaluation where appropriate;
- as a set of indicators to be used in an external evaluation of the implementation of the Charter either at a state-wide level, or in particular regions or locations; and/or
- as a potential review mechanism to be used to respond to alleged breaches of the Charter by a particular agency or in a particular location.
The Resource Kit does not replace the more specialised or detailed documents that have been developed by various government agencies to provide support to victims of crime. Rather, the Resource Kit should be seen as an important supplement and reference to the continuing development and implementation of systems and processes that support the rights of victims in the legal system.
For each Right in the Resource Kit, a rationale and scope have been developed. Together, these explain the intent of the Right and the scope of responsibility. Many of the Rights are applicable to all government agencies, and some are specific to certain agencies.
For each Right, a series of indicators have been developed. Some of these indicators are outcome-focused and others are more process-focused. The indicators state what process will be in place to ensure that the Charter is being implemented.
Each indicator includes information that describes how the indicator might be implemented. These descriptions and strategies are intended to be used as a guide, not a prescription. There are many ways in which the Rights can be implemented beyond what has been identified in this Resource Kit.
The Resource Kit includes an Appendix that outlines the services for victims that are provided by key government agencies and an appendix of key references and resources for most Rights. Web links are also included as many government departments have considerable information on their services, policies and issues relating to victims of crime available on their websites.
Summary of indicators
Right 1: Courtesy, compassion, & respect
1.1 Victims receive clear, accurate, and timely 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.
1.3 Client service standards for victims of crime, that include Rights, are regularly monitored.
Right 2: Information about services and remedies
2.1 Agencies have access to up to date information on the range of services available for victims of crime.
2.2 Victims receive clear and timely information about key services for victims that is appropriate to their needs.
2.3 Agencies contribute to raising community awareness of the range of services and remedies available for victims.
Right 3: Access to services
3.1 Victims receive coordinated services.
3.2 Victims receive timely responses in critical situations.
3.3 Agencies at a state, regional and local level will have systems to monitor the access and availability of their services for victims.
3.4 State, regional and rural agencies will have strategies to address access issues for victims living in rural and remote areas.
3.5 Equitable access to services is enabled for victims with particular needs.
3.6 Standards for timely responses for requests for victim related services are established and monitored.
3.7 Victims express high levels of satisfaction with the services they receive.
Right 4: Information about investigation of the crime
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.
4.2 Police officers will respond to victims’ requests for information in a courteous, timely and empathetic manner that is respectful of the victim’s rights.
4.3 The NSW Police will have systems in place to monitor victim satisfaction with information on the investigation of a crime.
Right 5: Information about prosecution of accused
5.1 Victims receive clear and accurate information about the prosecution at an early stage of proceedings.
Right 6: Information about trial process and role as witness
6.1 Victims who are witnesses receive clear, accurate and timely information on the role of a witness and what to expect.
6.2 Agencies who provide court support for victims as witnesses ensure their staff are adequately trained.
6.3 Victims as witnesses are assisted to communicate effectively during the court process.
6.4 There are protocols regarding DPP staff making contact with victim/s.
6.5 Court support workers for children act in accordance with relevant interagency guidelines and legislation.
6.6 Victims who are also witnesses are reimbursed for their expenses appropriately and in a timely manner.
Right 7: Protection from contact with accused
7.1 Victims are protected from unnecessary contact with the accused and the defence witnesses during the course of the court proceedings.
7.2 Court support workers comply with court guidelines and procedures to maximise the safety of victims.
Right 8: Protection from accused
8.1 A victim’s need for protection from the accused is assessed by the police in consultation with the victim and communicated to the prosecutor.
8.2 The prosecuting authority will put a victim’s safety needs before the court.
8.3 Any changes that lessen a victim’s protection from the accused are met with an appropriate response.
Right 9: Protection of identity of victim
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.
9.2 Victims receive clear, timely and accurate information about how their identity can be protected and restrictions that may apply.
Right 10: Attendance at preliminary hearings
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.
Right 11: Return of property of victim held by State
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.
11.2 Victims receive information on the return of their property by relevant agencies in a timely and sensitive manner.
Right 12: Information about special bail conditions
Right 13: Information about outcomes of bail application
12/13.1 Victims are consulted in relation to safety issues and appropriate bail conditions.
12/13.2 Victims and/or their families receive clear and timely information about special bail conditions and the outcomes of bail applications.
12/13.3 There are systems in place to monitor compliance with requirements for informing victims about special bail conditions and the outcomes of bail applications.
Right 14: Victim impact statement (VIS)
14.1 Eligible victims receive clear, timely and accurate information about VIS and are referred to the appropriate agency.
14.2 Victims are informed of the options for preparing a VIS.
14.3 Personnel who prepare a VIS on behalf of a victim use the VIS Information Package as a guide.
Right 15: Information about impending release, escape or eligibility for absence from custody
15.1 Victims receive clear and timely information on the Victims’ Register.
15.2 Personnel in the relevant Victims Registers receive timely and accurate information on changes to an offender’s status.
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.
Right 16: Submissions on parole & eligibility from absence from custody of serious offenders
16.1 Victims receive clear, timely and accurate information on submissions concerning offenders in custody.
16.2 There are protocols regarding the Parole Board’s consideration of submissions from victims.
Right 17: Compensation for victims of personal violence
17.1 Victims have clear, accurate, timely information about the statutory scheme for compensation, including the Approved Counselling Scheme.
17.2 Victims receive assistance, where appropriate, to make a claim for compensation.
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