Home » Publications » Victims of Crime Assistance Act 1996: Report (html) » 2. Concurrent reviews and reforms relevant to victims of crime

Victims of Crime Assistance Act 1996: Report (html)

  • Posted on September 19, 2018

2. Concurrent reviews and reforms relevant to victims of crime

Introduction

2.1 This chapter provides an overview of initiatives, reviews and reforms relating to victims of crime in Victoria and other states and territories relevant to the Commission’s review of the Victims of Crime Assistance Act 1996 (Vic) (VOCAA) and the Victims of Crime Assistance Tribunal (VOCAT). The discussion in this part is structured in reverse chronological order by report or initiative from the most recent.

Victorian initiatives, reviews and reforms relating to victims
of crime

The Justice Legislation Amendment (Victims) Act 2018 (Vic)

2.2 In February 2018, the Justice Legislation Amendment (Victims) Act 2018 (Vic) was passed to make changes to existing civil and criminal legislation to better support victims of child abuse.[1]

2.3 Of relevance to this review is the amendment to the VOCAA, abolishing the two year time limit for victims of sexual or physical abuse which occurred when they were under the age of 18 years.[2] This change implemented a recommendation from the 2013 Betrayal of Trust report, which recognised that many victims of childhood abuse are unable to make an application for assistance within two years.[3] The Betrayal of Trust report is discussed in more detail below.

2.4 The Justice Legislation Amendment (Victims) Act 2018 (Vic) also expanded the definition of ‘relevant offence’ in the VOCAA to enable victims of child abuse material offences and sexual servitude to apply for VOCAT assistance.[4]

2.5 In addition, the Justice Legislation Amendment (Victims) Act 2018 (Vic) introduced a range of evidentiary and procedural changes aimed at improving the experience of victims of child abuse and holding offenders to account.[5] These included amending the Sentencing Act 1991 (Vic) to prevent child sex offenders from using good character evidence to argue for more lenient sentences[6] and amending the Children’s Court publication restrictions in the Children, Youth and Families Act 2005 (Vic) to allow adult victims to share their stories publicly.[7]

2.6 The Justice Legislation Amendment (Victims) Act 2018 (Vic) also amended the Criminal Procedure Act 2009 (Vic) to allow intermediaries to assist vulnerable victims to give evidence in court and to police.[8] The introduction of intermediaries implements recommendations made by the Commission in its 2016 report, The Role of Victims of Crime in the Criminal Trial Process, which is also discussed further below.[9]

Sentencing Advisory Council—Review of restitution and compensation orders

2.7 In June 2017, the Sentencing Advisory Council was asked to provide advice to the Attorney-General about whether restitution and compensation orders made for the benefit of victims under Divisions 1 and 2 of Part 4 of the Sentencing Act 1991 (Vic) should become a sentencing option.[10] This review is in response to a recommendation by the Commission in its report The Role of Victims of Crime in the Criminal Trial Process.[11]

2.8 In undertaking its review, the Sentencing Advisory Council has been asked to consider whether the purposes of sentencing should include financial reparation for victims, whether there should be a presumption in favour of courts making such orders and whether such orders should be enforced by the state in the form of a fine.[12]

2.9 The Sentencing Advisory Council has been asked to report to the Attorney-General by 1 September 2018, two months after the Commission has been asked to report to the Attorney-General.[13]

2.10 In March 2018, the Sentencing Advisory Council released an issues and options paper to assist with its consultations.[14] This paper noted that ‘in Victoria victims of crime have a number of different options to seek compensation depending on the circumstances’, including the VOCAA and VOCAT,[15] and stated that ‘for the criminal justice system to adequately and fairly compensate victims, a coherent approach to victim-orientated reforms is required.’[16] The closing date for written submissions was 20 April 2018.

Community Safety Trustee—First progress report (2017)

2.11 In June 2017, the Victorian Community Safety Trustee released a progress report on the implementation of the Victorian Government’s Community Safety Statement 2017, which identified five priority reform areas aimed at both reducing the harm caused by crime and improving community safety.[17]

2.12 Of relevance to this review, the progress report raised concerns regarding delays in relation to VOCAT applications.

2.13 Currently, on average, it takes around nine months to finalise an application and some matters span more than two years. If the approach is ‘victims first’, then the current process warrants review in the interests of quick resolution for victims.[18]

Victorian Law Reform Commission—The Role of Victims of Crime in the Criminal Trial Process (2016)

2.14 In October 2014, the Commission was asked to review and report on the role of victims of crime in the criminal trial process, including their role in the decision to prosecute and in the sentencing process and other trial outcomes.[19]

2.15 In August 2016, the Commission released its report The Role of Victims of Crime in the Criminal Trial Process. [20] Fifty-one recommendations to improve victim experiences during the criminal trial process were made.[21]

2.16 As discussed above, in February 2018, the Commission’s recommendations to introduce intermediaries for child victims and victims with a disability was implemented by the Justice Legislation Amendment (Victims) Act 2018 (Vic).[22]

2.17 Of relevance to this review, the Commission made recommendations about:

• Improving the legislative framework and practical operation of restitution and compensation orders against offenders.[23] As outlined above, these matters are currently being considered by the Sentencing Advisory Council.[24]

• Restricting access to, and use of, VOCAT records to protect victims of crime during

the VOCAT and criminal trial process.[25] These recommendations are considered in Chapter 14.

2.18 In addition, the Commission identified concerns regarding the accessibility of VOCAT for victims, particularly for victims in regional areas who may be unable to access legal advice and assistance.[26] However, an extensive review of VOCAT was beyond the Commission’s terms of reference, which were limited to whether VOCAT had an impact on a victim’s participation in the criminal trial process.[27]

Victorian Royal Commission into Family Violence (2016) and the Victorian Government response
Victorian Royal Commission into Family Violence

2.19 The Victorian Royal Commission into Family Violence was established in February 2015 to ‘inquire into and report on how Victoria’s response to family violence can be improved by providing practical recommendations to stop family violence’.[28]

2.20 On 29 March 2016, the Royal Commission into Family Violence delivered its final report which concluded that, despite a sustained effort to address family violence in the community through structural and procedural reform, serious limitations to the existing approach remained.[29]

2.21 Of relevance to this review, the Royal Commission into Family Violence found that the cumulative effects of family violence can be made worse by difficulties victims face in navigating the justice and service system, including attempting to gain social and financial independence.[30]

2.22 The Royal Commission into Family Violence made 227 recommendations. These encompassed reforms to:[31]

• risk assessment and management, pathways to services and information sharing

• specialist family violence services and creating a safe home

• responses to children and young people’s experience of family violence (including the child protection system) as well as to adolescents who use family violence

• sexual assault and family violence responses

• police operations and leadership

• court responses, offences and sentencing, restorative justice and family law

• prevention and perpetrator interventions

• health and wellbeing approaches, including in the workplace

• family violence and diversity, vulnerable cohorts and impacts on specific communities

• governance arrangements, industry planning and investment in data and research (including ongoing review of family violence deaths).

2.23 The first terms of reference received by the Commission directly relate to matters raised by Recommendation 106 of the Royal Commission into Family Violence.

2.24 Recommendation 106 formed part of the Royal Commission into Family Violence’s recommendations relating to ‘recovery: health and wellbeing’ for victims of family violence,[32] alongside recommendations pertaining to counselling services[33] and Medicare.[34]

2.25 Recommendation 106 stated:

The Victorian Law Reform Commission consider the matters the Commission raised in this report in relation to the Victims of Crime Assistance Tribunal and the Victim Assistance Program in its Victims of Crime in the Criminal Trial Process review. To the extent that these matters do not fall within the terms of reference for that review, the Attorney-General should amend the terms of reference or ensure that a separate review of these matters is carried out. [35]

2.26 The Royal Commission into Family Violence also supported further enquiries into the efficacy of a combined victim support and financial assistance scheme, like that administered in New South Wales.[36]

2.27 These matters, along with other matters specifically addressing issues with the operation of the VOCAA for victims of family violence, were discussed in the Commission’s first consultation paper.[37]

Victorian Government response—Ending Family Violence: Victoria’s Plan for
Change (2016)

2.28 In November 2016, the Victorian Government published its response to the Royal Commission into Family Violence—a 10 year plan to end family violence.[38] Ending Family Violence: Victoria’s Plan for Change outlines how the Victorian Government intended to implement all 227 recommendations of the Royal Commission into Family Violence.[39] The plan is focused on four broad outcomes:

1) Family violence and gender inequality are not tolerated.

2) Victim survivors, vulnerable children and families are safe and supported to recover and thrive.

3) Perpetrators are held to account, engaged and connected.

4) Preventing and responding to family violence is systemic and enduring. [40]

2.29 Of relevance to this review is Outcome 2, as financial assistance for victims of crime is one avenue through which family violence victims may pursue safety and recovery. In Ending Family Violence: Victoria’s Plan for Change, the Victorian Government noted the role of VOCAT in achieving financial security for victims of family violence.[41]

2.30 In support of the plan for change, in July 2017, the Victorian Government released a concept paper, Support and Safety Hubs: Statewide Concept, which outlined the intent, scope, key functions and roles of the support and safety hubs.[42] This initiative related to Recommendation 37 of the Royal Commission into Family Violence, which recommended that the Victorian Government introduce support and safety hubs in each of the state’s 17 Department of Health and Services regions.[43]

2.31 The concept paper noted that the support and safety hubs are intended to provide a single entry point for victims and perpetrators of family violence to access a range of information and support services, including VOCAT.[44]

2.32 As at 28 May 2018, support and safety hubs are expected to be established at five initial launch sites in Mallee, Barwon, Bayside Peninsula, Inner Gippsland and North East Melbourne by mid-2018.[45] The Victorian Government has committed to support and safety hubs operating at all 17 Department of Health and Human Services areas across Victoria by the end of 2021.[46]

Victorian Parliamentary Inquiry into Abuse in Disability Services (2016)

2.33 In May 2015, the Family and Community Development Committee of the Parliament of Victoria was asked to conduct an inquiry into abuse in disability services—in particular, why abuse in disability services is not appropriately reported or acted upon, and how it can be prevented.[47]

2.34 In May 2016, the Family and Community Development Committee delivered its report, which made 49 recommendations to reform the disability sector in Victoria.[48]

2.35 Of relevance for this review are the Family and Community Development Committee’s findings that people with disability and their families face a number of barriers to reporting violence and abuse to police.[49] As noted by the Committee, barriers to reporting include a fear of reprisals from service providers, a belief that allegations of abuse will not be taken seriously and a lack of accessible knowledge about how to make a report.[50] The Committee also identified systemic barriers to reporting, such as a culture of normalisation of abuse within disability services.[51]

2.36 In addition, the Family and Community Development Committee noted the overlap between the Committee’s Inquiry and the Royal Commission into Family Violence, which highlighted the particular experiences of people with disability in relation to family violence.[52] Accordingly, the Committee recommended that the Victorian Government adopt each of the Royal Commission’s recommendations that relate directly to people with disability.[53]

2013 Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations—Betrayal of Trust (2013)

2.37 In April 2012, the Family and Community Development Committee of the Victorian Parliament was asked to inquire into the processes by which religious and other non-government organisations respond to the criminal abuse of children by personnel within their organisations.[54]

2.38 The Committee’s final report, Betrayal of Trust, was tabled in the Victorian Parliament on 13 November 2013.[55]

2.39 Of relevance to this review, the Committee considered VOCAT a viable alternative to civil litigation for victims of criminal child abuse because of its ability to provide an independent acknowledgment of harm, its non-adversarial approach, and the supports it provides for victims.[56]

2.40 However, the Committee also heard of limitations to VOCAT’s ability to adequately respond to historical child abuse.[57] Issues raised included the two‑year time limit for making an application, the limited compensation available, the lack of ongoing financial support for victims, and the absence of a mechanism for organisations to contribute to awards of financial assistance.[58]

2.41 The report made the following recommendations relating to VOCAT:

• That the VOCAA be amended to specify that no time limits apply for applications for assistance by victims of criminal abuse in organisational settings.[59]

• That the Victorian Government review the functions of VOCAT to consider its capacity to administer a specific scheme for victims of criminal child abuse.[60]

2.42 On 8 May 2014, the Victorian Government tabled its response to the report.[61] As part of its response, the Victorian Government announced it would consider options for civil law reform and redress.[62]

2.43 In August 2015 a consultation paper, A Victorian Redress Scheme for Institutional Child Abuse was published by the Department of Justice and Regulation. Among other things, the consultation paper considered the feasibility of placing a state redress scheme within the administrative bounds of VOCAT, for example by including a new specialised stream for historical child sexual abuse in institutional settings.[63]

2.44 However, in November 2016, the Federal Minister for Social Services, Christian Porter MP, announced that the Australian Government intended to establish a national redress scheme in response to the recommendations of the Commonwealth Royal Commission into Child Sexual Abuse (the Royal Commission).[64]

2.45 The Commonwealth Royal Commission into Child Sexual Abuse and the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Cth) which would establish the national redress scheme,[65] are discussed further below.

2.46 On 9 March 2018, both the Victorian and New South Wales Governments announced that they would opt-in to the national scheme.[66] On 19 March 2018, the Australian Capital Territory Government also announced it would join the scheme.[67] On 30 April 2018, both Queensland and Northern Territory joined the Redress Scheme.[68] On 22 May 2018 and 28 May 2018, respectively, Tasmania[69] and South Australia[70] also announced that they would join the Redress Scheme.

2.47 As noted above, the Justice Legislation Amendment (Victims) Act 2018 (Vic), removed the two-year time limit for VOCAT applications for victims of physical or sexual abuse that occurred when they were under the age of 18 years.[71]

Reviews and reforms in other jurisdictions

Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse (2017) and the Australian Government response

2.48 The Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse was established in January 2013 to inquire into institutional responses to allegations and incidents of child sexual abuse, focusing on systemic issues while being informed by individual cases. [72] Of relevance to this review was the requirement for the Royal Commission to inquire into redress options for victims of sexual abuse.[73]

2.49 In 2015 the Royal Commission published its report in relation to redress and civil litigation.[74] The Royal Commission noted that while the report was an interim one, it contained the Royal Commission’s final recommendations in relation to redress for victims.[75]

2.50 The Royal Commission considered the use of states and territories’ existing victims of crime financial assistance schemes to deliver the services of a national redress scheme. However, the Royal Commission stated that such use should be limited to ‘back office’ operational support, with the national redress scheme establishing nationally consistent branding, application forms and processes, guidelines and processes for determining payments.[76]

2.51 The Royal Commission recommended that ‘in order to provide redress under the most effective structure for ensuring justice for survivors, the Australian Government should establish a single national redress scheme.’[77]

2.52 In October 2017, in response to the recommendations of the Royal Commission, the Australian Government introduced the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Cth) into the Australian Parliament.[78]

2.53 On 30 November 2017, the Bill was referred to the Senate Community Affairs Legislation Committee for inquiry and on 28 March 2018, the Committee handed down its report.[79]

2.54 As at 28 May 2018 the Australian Government was considering its response to the report.[80]

2.55 The Bill as introduced to the Australian Parliament proposes a scheme that is intended to operate for a period of 10 years and provides three elements of redress to eligible survivors of institutional child sexual abuse:

1) a monetary payment of up to $150,000

2) access to counselling and psychological services

3) a direct personal response from responsible institutions at the request of a survivor.[81]

2.56 As noted above, the Australian Capital Territory, New South Wales, Northern Territory, South Australian and Tasmanian Governments have all announced their intention to opt-in to the national scheme.

2.57 In May 2018, New South Wales was the first state to pass legislation referring certain matters relating to the national redress scheme for institutional child sexual abuse to the Australian Parliament.[82]

Australian Government—Early release of superannuation benefits under compassionate and financial hardship grounds and for victims of crime compensation (2017)

2.58 On 8 December 2017, the Australian Government announced a Treasury-led review of the rules governing early release of superannuation.[83] As part of this review, on 20 December 2017, the Minister for Revenue and Financial Services, the Hon. Kelly O’Dwyer MP, released an issues paper.[84]

2.59 The issues paper considered whether state and territory compensation schemes for victims of crime should be able to recover costs from a perpetrator’s superannuation.[85] In addition, the issues paper considered whether victims of crime should be able to access a perpetrator’s superannuation under a compensation or restitution order.[86]

2.60 Submissions to the issues paper closed on 12 February 2018.[87]

2.61 The Treasury-led review was to make recommendations to the Australian Government in March 2018.[88]

2.62 In March 2018 the Australian Government was reported in the media as being in the process of drafting legislation to allow victims of crime to access perpetrators’ superannuation, with plans for the proposed legislation to be introduced to the Australian Parliament by the end of the year.[89]

2.63 On 28 May 2018, the Hon. Kelly O’Dwyer MP released for public consultation two draft proposals on access to superannuation for victims of crime:

• A new claw-back mechanism for ‘out of character’ superannuation contributions made by perpetrators to shield their assets from use in compensating victims of their crimes.

• A proposal to allow victims of serious, violent crimes to be able to access a perpetrator’s superannuation as compensation, where other assets have been exhausted, subject to appropriate limits and thresholds.[90]

2.64 Stakeholders have been invited to comment on the proposals by way of submission by 15 June 2018.[91]

Queensland—Review of the Victims of Crime Assistance Act 2009 (Qld) (2015)

2.65 In 2009, and as a consequence of concerns about complexity, cost, and delays for victims in receiving compensation, Queensland changed from a judicial model of assistance to an administratively based scheme through the introduction of the Victims of Crime Assistance Act 2009 (Qld) (Queensland Act).[92]

2.66 In October 2013 a statutory review of the new scheme was commenced by the Queensland Department of Justice and Attorney-General, and a final report was published in December 2015.[93]

2.67 Overall, the review found that the new scheme was operating well in comparison to the previous court-based scheme, providing ‘direct and timely assistance to a wider range of victims’.[94] However, a number of recommendations were made to build on the existing statutory framework to ‘ensure victims are able to access financial assistance and support when needed and that responses to assist victims are appropriate’.[95] As a result, the Victims of Crime Assistance and Other Legislation Amendment Act 2017 (Qld) was passed in March 2017 to amend the Queensland Act. These amendments came into force in July 2017.

2.68 Under the Queensland Act, an ‘act of violence’ now explicitly includes ‘domestic violence’[96] as defined in Queensland’s Domestic and Family Violence Protection Act 2012 (Qld),[97] which includes non-criminal conduct, such as psychological and emotional abuse, economic abuse and behaviour that is threatening, coercive or in any other way dominates a person, causing them to fear for their safety or wellbeing or that of someone else.[98] This makes Queensland the only jurisdiction to provide financial assistance for non-criminal forms of family violence, consistent with its Domestic and Family Violence Protection Act 2012 (Qld).

2.69 The Queensland Act now also has a broader range of injuries for which victims of sexual offences and victims of family violence can claim. Injuries include a sense of violation, reduced self-worth or perception, lost or reduced physical immunity, lost or reduced physical capacity, increased fear or feelings of insecurity, the adverse effect of others reacting adversely to them, the adverse impact on lawful sexual relations and the adverse impact on feelings.[99]

2.70 The Queensland Act previously enabled victims of sexual assault, child victims and victims of an offender who was in a position of power, influence or trust (‘special primary victims’) to make a report to a counsellor, psychologist or doctor in addition to a police officer.[100] This has been extended to victims of family violence who are now also considered special primary victims, meaning that they too can report to this expanded range of professionals.[101]

2.71 In addition, ‘domestic violence service’ has been added to the list of professionals to whom special primary victims can report.[102]

2.72 In determining whether the applicant had a reasonable excuse for not assisting the police, the government assessor must now have regard to ‘whether the act of violence involves domestic violence’.[103]

2.73 This makes Queensland the only jurisdiction to make domestic violence an explicit consideration in relation to an applicant not having assisted police.

2.74 The Queensland Act also aims to simplify the application process for financial assistance by removing the need for applications to include statutory declarations;[104] removing pools of financial assistance to ensure all applications are considered on their own merit;[105] and introducing a Charter of Victims’ Rights to guide how government and non-government agencies respond to victims.[106]

Australian Capital Territory—Review of the Victims of Crime Financial Assistance Scheme (2013)

2.75 In 2013, and in response to concerns about the then court-based scheme of financial assistance for victims of crime, the Australian Capital Territory Justice and Community Safety Directorate released an issues paper which canvassed the possibility of introducing an administrative, rather than a court-based, scheme and potential changes to the criteria for eligibility.[107] In 2014 this was followed by the release for public consultation of a possible new administrative model for providing financial assistance scheme to victims of crime.[108]

2.76 As a consequence of this review, a new financial assistance scheme was established through the Victims of Crime (Financial Assistance) Act 2016 (ACT) (ACT Act). This new scheme commenced on 1 July 2016 and abolished the previous court-based system delivered through the Magistrates’ Court.

2.77 Victim Support ACT, a government body, administers both the financial assistance scheme established under the ACT Act and victim case management and other clinical and non-clinical services provided through the Victims Services Scheme.[109]

2.78 Clients registered for case management can receive assessment, court support, advocacy and therapeutic services.[110] Assessors at Victim Support ACT process applications for financial assistance and the Victims of Crime Commissioner, the head of Victim Support ACT, is the final decision maker.[111]

2.79 Victim Support ACT describes the new scheme as reducing barriers for victims of crime by separating the process from the court system and reducing reliance on legal representation.[112]

New South Wales—Review of the Victims Compensation Fund (2012)

2.80 In 2012, the NSW Department of Attorney-General and Justice published its report Review of the Victims Compensation Fund.[113] The independent review by PricewaterhouseCoopers found that the objectives of the Victims Support and Rehabilitation Act 1996 (NSW)—to provide support and rehabilitation to victims of violent crime through counselling and compensation—were not being met.[114] This was due to significant delays in the provision of compensation, with an average wait of over two years.[115] The system was also described as ‘complicated’ because of the need to provide expert medical reports and use lawyers to make claims.[116]

2.81 The reviewers noted that providing practical assistance shortly after a person experienced an act of violence would better assist victims to begin their healing process.[117] In particular, the benefits of early provision of funding for assistance with relocation, security upgrades and medical expenses were noted.

2.82 In response to the report, the Victims Rights and Support Act 2013 (NSW) was introduced, which established a new Victims Support Scheme (VSS) and a new Commissioner of Victims Rights. The VSS was designed to provide more tailored, timely and integrated victim support and compensation through the one scheme:

The VSS does not focus on specific injuries sustained by victims, but looks holistically at the impact of a violent crime on victims’ lives as a whole. The VSS focuses on providing victims with practical and financial assistance when they need it most. The new VSS has reduced the amount of lump sum payments previously available … and instead focuses on providing with minimal delay a package of practical and financial support to victims of violent crime with a smaller recognition payment.[118]

2.83 The VSS is based on four ‘pillars’ of support: counselling, immediate needs, financial assistance and recognition payments. The VSS provides the following assistance, delivered through one agency:

• counselling

• up to $5000 for immediate needs to cover emergency medical treatment, relocation expenses, crime scene clean-up, safety measures in the home

• funeral assistance

• economic loss—up to $30,000 including loss of earnings, out-of-pocket justice-related expenses

• recognition payments—up to $15,000.[119]

2.84 One of the key features of the scheme is timely access to support and financial assistance. Assistance is now provided in just under three months, compared to over two years under the former scheme.[120]

2.85 By way of comparison, the provision of these services through the VSS is equivalent to Victoria’s financial assistance scheme being delivered through the Victims Support Agency in the Department of Justice and Regulation rather than through a separate tribunal.

2.86 A statutory review of the VSS is currently underway to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.[121] The NSW Department of Justice has invited interested organisations to make submissions on the review. As at 28 May 2018, a final report had not yet been published.

Northern Territory—Review of the Victims of Crime Assistance Act 2007 (NT) (2012)

2.87 The Victims of Crime Assistance Act 2007 (NT) introduced a new administrative scheme for financial assistance for victims of crime, in response to findings that the earlier court-based scheme was inefficient, slow, overly complex and costly. The new scheme adopted a more streamlined administrative case assessment process for financial assistance, to be complemented by the provision of free counselling.[122]

2.88 In December 2012, a statutory review of the operation of the Act was commenced by way of an issues paper.[123]

2.89 The issues paper considered similar issues to those considered by the Commission in its first consultation paper. This included the way in which related criminal acts are treated, time limits for applications, notification of alleged perpetrators, perpetrator benefit and recognition of family violence for the purposes of specific provisions.[124]

2.90 Amendments were made to the Act in 2013 to increase offender levies.[125] However, there is no publicly available government response to the issues paper nor evidence of any significant changes to the scheme in response to it.

  1. Office of the Premier (Vic), ‘Making it Fairer for Victims of Crime’ (Media Release, 12 December 2017) <www.premier.vic.gov.au/making-it-fairer-for-victims-of-crime/>.

    ↑

  2. Justice Legislation Amendment (Victims) Act 2018 (Vic) s 37. This amendment is contained in section 29(1A) of the Victims of Crime Assistance Act 1996 (Vic).

    ↑

  3. Family and Community Development Committee, Parliament of Victoria, Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations (2013) Recommendation 27.1.

    ↑

  4. Justice Legislation Amendment (Victims) Act 2018 (Vic) s 22.

    ↑

  5. Office of the Premier (Vic), ‘Making it Fairer for Victims of Crime’ (Media Release, 12 December 2017) <www.premier.vic.gov.au/making-it-fairer-for-victims-of-crime/>.

    ↑

  6. Justice Legislation Amendment (Victims) Act 2018 (Vic) s 33.

    ↑

  7. Ibid s 24.

    ↑

  8. Ibid s 25.

    ↑

  9. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016) Recommendations 30 and 31.

    ↑

  10. See Sentencing Advisory Council (Vic), Restitution and Compensation Orders (2017) <www.sentencingcouncil.vic.gov.au/projects/restitution-and-compensation-orders>.

    ↑

  11. See Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016) xxviii, Recommendation 49.

    ↑

  12. See Sentencing Advisory Council (Vic), Restitution and Compensation Orders (2017) </www.sentencingcouncil.vic.gov.au/projects/restitution-and-compensation-orders>.

    ↑

  13. Ibid.

    ↑

  14. Sentencing Advisory Council (Vic), Restitution and Compensation Orders, Issues and Options Paper (2018).

    ↑

  15. Ibid xv.

    ↑

  16. Ibid.

    ↑

  17. See Community Safety Trustee (Vic), Community Safety Trustee: First Progress Report—June 2017 (2017) 14.

    ↑

  18. Ibid.

    ↑

  19. Victorian Law Reform Commission, Terms of Reference (27 October 2014) Victims of Crime in the Criminal Trial Process

    <www.lawreform.vic.gov.au/projects/victims-crime-criminal-trial-process/victims-crime-criminal-trial-process-terms-reference>.

    ↑

  20. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016).

    ↑

  21. Ibid.

    ↑

  22. Justice Legislation Amendment (Victims) Act 2018 (Vic) s25. This provision amends the Criminal Procedure Act 2009 (Vic) to introduce the use of intermediaries for vulnerable victims, as recommended by Recommendations 30 and 31 of the Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016).

    ↑

  23. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016) xxvii–xxviii, Recommendations 45–9.

    ↑

  24. Sentencing Advisory Council (Vic), Restitution and Compensation Orders (2017) <www.sentencingcouncil.vic.gov.au/projects/restitution-and-compensation-orders>.

    ↑

  25. Recommendations 50 and 51 recommended that documentation in VOCAT proceedings should be inadmissible as evidence in criminal proceedings except in certain circumstances, and that such documents must not be subpoenaed: see Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process, Report No 34 (2016) 247.

    ↑

  26. Ibid 238.

    ↑

  27. Ibid 228.

    ↑

  28. Victoria, Royal Commission into Family Violence, Terms of Reference (2015) <www.rcfv.com.au/MediaLibraries/RCFamilyViolence/UploadedDocs/Terms-of-Reference.pdf>.

    ↑

  29. Victoria, Royal Commission into Family Violence, Summary and Recommendations (2016) 5.

    ↑

  30. Ibid 65.

    ↑

  31. This is a high-level thematic summary of the 227 recommendations. For a comprehensive list, see Victoria, Royal Commission into Family Violence, Summary and Recommendations (2016) 45–106.

    ↑

  32. See Chapter 20 in ibid 65–87.

    ↑

  33. Ibid 84, Recommendation 104.

    ↑

  34. Ibid, 86, Recommendation 105.

    ↑

  35. Victoria, Royal Commission into Family Violence, Report and Recommendations (2016) vol 4, 87.

    ↑

  36. Ibid 86.

    ↑

  37. See generally, Victorian Law Reform Commission, Family Violence and the Victims of Crime Assistance Act 1996, Consultation Paper (2017).

    ↑

  38. Department of Premier and Cabinet (Vic), Ending Family Violence: Victoria’s Plan for Change (2016).

    ↑

  39. Ibid ix.

    ↑

  40. Ibid x.

    ↑

  41. Ibid 41.

    ↑

  42. Family Safety Victoria, Support and Safety Hubs Service Model (2018) <www.vic.gov.au/system/user_files/Documents/fv/Support_and_Safety_Hubs_Service_Model-1.pdf>.

    ↑

  43. Victoria, Royal Commission into Family Violence, Summary and Recommendations (2016) 55.

    ↑

  44. Family Safety Victoria, Support and Safety Hubs Service Model (2018) <www.vic.gov.au/system/user_files/Documents/fv/Support_and_Safety_Hubs_Service_Model-1.pdf>. See, also ‘Case Study: Marla’s Experience in the Future’, illustrating that a support and safety hub will connect victims with a lawyer to assist with an application to VOCAT, in Department of Premier and Cabinet (Vic), Ending Family Violence: Victoria’s Plan for Change (2016) 40–1.

    ↑

  45. Family Safety Victoria, Support and Safety Hubs Service Model (2018) <www.vic.gov.au/system/user_files/Documents/fv/Support_and_Safety_Hubs_Service_Model-1.pdf>.

    ↑

  46. Ibid.

    ↑

  47. Family and Community Development Committee, Parliament of Victoria, Terms of Reference (25 April 2016) Inquiry into Abuse in Disability Services <www.parliament.vic.gov.au/fcdc/inquiries/article/1854>.

    ↑

  48. See generally Family and Community Development Committee, Parliament of Victoria, Inquiry into Abuse in Disability Services, Final Report (2016).

    ↑

  49. Family and Community Development Committee, Parliament of Victoria, Inquiry into Abuse in Disability Service, Final Report (2016) 4.

    ↑

  50. Ibid 46.

    ↑

  51. Ibid.

    ↑

  52. Ibid 172.

    ↑

  53. Ibid, Recommendation 5.6.

    ↑

  54. Family and Community Development Committee, Parliament of Victoria, Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations (2013) vol 1, v.

    ↑

  55. Victoria, Parliamentary Debates, Legislative Assembly, 13 November 2013, 3977 (Frank McGuire).

    ↑

  56. Family and Community Development Committee, Parliament of Victoria, Betrayal of Trust: Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations (2013) vol 2, 553–6.

    ↑

  57. Ibid 557.

    ↑

  58. Ibid 557–9.

    ↑

  59. Ibid 557, Recommendation 27.1.

    ↑

  60. Ibid 574, Recommendation 28.1.

    ↑

  61. Victoria, Parliamentary Debates, Legislative Assembly, 8 May 2014, 1589 (Mary Wooldridge, Minister for Community Services).

    ↑

  62. Victorian Government, Victorian Government Response to the Report of the Family and Community Development Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations ‘Betrayal of Trust’ (2014) 2.

    ↑

  63. Department of Justice and Regulation (Vic), A Victorian Redress Scheme for Institutional Child Abuse, Public Consultation Paper

    (5 August 2015) 34–5.

    ↑

  64. Christian Porter and George Brandis, ‘Commonwealth Redress Scheme for Survivors of Institutional Child Sexual Abuse’ (Media Release, 4 November 2016) <https://formerministers.dss.gov.au/17434/commonwealth-redress-scheme-for-survivors-of-institutional-child-sexual-abuse-2/>.

    ↑

  65. See Parliament of Australia, Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (2017) <www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r6006>.

    ↑

  66. Malcolm Turnbull, Gladys Berejiklian and Daniel Andrews, ‘First States Commit to Redress Scheme’ (Media Release, 9 March 2018)

    <www.malcolmturnbull.com.au/media/first-states-commit-to-redress-scheme-9-march-2018>.

    ↑

  67. Andrew Barr and Gordon Ramsay, ‘ACT to Join National Redress Scheme for Abuse Survivors’ (Media Release, 19 March 2018)

    <www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/barr/2018/act-to-join-national-redress-scheme-for-abuse-survivors>. See also Department of Social Services (Cth), National Redress Scheme for People Who Have Experienced Institutional Child Sexual Abuse <www.dss.gov.au/families-and-children/programs-services/children/national-redress-scheme-for-people-who-have-experienced-institutional-child-sexual-abuse>.

    ↑

  68. Dan Tehran, ‘Queensland and Northern Territory Join Redress Scheme’ (Media Release, 30 April 2018) <https://ministers.dss.gov.au/media-releases/3001>.

    ↑

  69. Dan Tehran, ‘Tasmania Commits to the National Redress Scheme’ (Media Release, 22 May 2018) <https://ministers.dss.gov.au/media-releases/3101>.

    ↑

  70. Dan Tehran, ‘South Australia Joins National Redress Scheme’ (Media Release, 28 May 2018) <https://ministers.dss.gov.au/media-releases/3121>.

    ↑

  71. Justice Legislation Amendment (Victims) Act 2018 (Vic) s 37.

    ↑

  72. See the Terms of Reference, as set out in the letters patent, available in Commonwealth, Royal Commission into Institutional Responses to Child Sexual Abuse, Analysis of Claims of Child Sexual Abuse Made with Respect to Catholic Church Institutions in Australia (2017) vol 1, Appendix A.

    ↑

  73. See paragraph (d) of the Terms of Reference, which states ‘what institutions and governments should do to address, or alleviate, the impact of, past and future child sexual abuse and related matters in institutional contexts, including in particular, in ensuring justice for victims through the provision of redress by institutions, processes for referral for investigation and prosecution and support services’, see ibid.

    ↑

  74. Commonwealth, Royal Commission into Institutional Responses to Child Sexual Abuse, Redress and Civil Litigation Report (2015).

    ↑

  75. Ibid 2.

    ↑

  76. Ibid 317.

    ↑

  77. Commonwealth, Royal Commission into Institutional Responses to Child Sexual Abuse, Redress and Civil Litigation Report (2015) 322, Recommendation 26.

    ↑

  78. Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (2017). The Bill was introduced to the House of Representatives on 26 October 2017.

    ↑

  79. Senate Community Affairs Legislation Committee, Parliament of Australia, Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 [Provisions] and Commonwealth Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2017 [Provisions] (March 2018).

    ↑

  80. Department of Social Services (Cth), National Redress Scheme for People Who Have Experienced Institutional Child Sexual Abuse (2018) <www.dss.gov.au/families-and-children/programs-services/children/national-redress-scheme-for-people-who-have-experienced-institutional-child-sexual-abuse>.

    ↑

  81. Explanatory Memorandum, Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (Cth) 3.

    ↑

  82. See National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 (NSW).

    ↑

  83. Kelly O’Dwyer, ‘Government to Review Rules for Early Release of Superannuation, Including Victims of Crime Compensation’ (Media Release, 8 December 2017) <http://kmo.ministers.treasury.gov.au/media-release/118-2017/>.

    ↑

  84. The Treasury (Cth), Early Release of Superannuation Benefits: Under Compassionate and Financial Hardship Grounds and for Victims of Crime Compensation, Issues Paper (2017). See also Kelly O’Dwyer, ‘Consultation Commences on Early Release of Superannuation including Victims of Crime Compensation’ (Media Release, 20 December 2018) <http://kmo.ministers.treasury.gov.au/media-release/122-2017/>.

    ↑

  85. The Treasury (Cth), Early Release of Superannuation Benefits: Under Compassionate and Financial Hardship Grounds and for Victims of Crime Compensation, Issues Paper (2017) 23.

    ↑

  86. Ibid 19.

    ↑

  87. Kelly O’Dwyer, ‘Consultation Commences on Early Release of Superannuation including Victims of Crime Compensation’ (Media Release, 20 December 2017) <http://kmo.ministers.treasury.gov.au/media-release/122-2017/>.

    ↑

  88. Kelly O’Dwyer, ‘Government to Review Rules for Early Release of Superannuation, including Victims of Crime Compensation’ (Media Release, 8 December 2017) <http://kmo.ministers.treasury.gov.au/media-release/118-2017/>.

    ↑

  89. Elise Fantin, ‘Victims of Crime Could Access the Superannuation of Their Perpetrators under New Proposal’, ABC News (online), 26 March 2018 <www.abc.net.au/news/20180326/proposalforvictimsofcrimeaccessperpetratorssuperannuation/9587154>.

    ↑

  90. Kelly O’Dwyer, ‘New Proposals to Improve Compensation for Victims of Crime’ (Media Release, 28 May 2018) <http://kmo.ministers.treasury.gov.au/media-release/060-2018/>.

    ↑

  91. Ibid.

    ↑

  92. This occurred following a review of the Criminal Offence Victims Act 1995 (Qld) and the delivery of services to victims of crime, see Department of Justice and Attorney-General (Qld), Victims of Crime Review Report (2008).

    ↑

  93. Department of Justice and Attorney-General (Qld), Final Report on the Review of the Victims of Crime Assistance Act 2009 (2015) 1.

    ↑

  94. Ibid 4.

    ↑

  95. Ibid.

    ↑

  96. Victims of Crime Assistance Act 2009 (Qld) s 25(2).

    ↑

  97. Ibid sch 3.

    ↑

  98. Domestic and Family Violence Protection Act 2012 (Qld) s 8.

    ↑

  99. Victims of Crime Assistance Act 2009 (Qld) s 27(1)(f).

    ↑

  100. Ibid s 81.

    ↑

  101. Ibid s 81(2)(a)(iii).

    ↑

  102. Ibid s 81(1)(a)(ii). ‘Domestic violence service’ is defined as ‘an entity that provides services to persons who fear or experience domestic violence’: s 81(2).

    ↑

  103. Ibid s 82(3)(e).

    ↑

  104. Ibid s 52.

    ↑

  105. Ibid s 48.

    ↑

  106. Ibid ss 5–20A.

    ↑

  107. Justice and Community Safety Directorate (ACT), The ACT Victims of Crime Financial Assistance Scheme: An issues Paper Prepared by the Justice and Community Safety Directorate (2013).

    ↑

  108. Justice and Community Safety Directorate (ACT), The ACT Victims of Crime Financial Assistance Scheme: Proposed Model (2014).

    ↑

  109. Victim Support (ACT), The Victim Services Scheme (2016) <www.victimsupport.act.gov.au/what-we-do/the-victim-services-scheme>.

    ↑

  110. Victim Support (ACT), Annual Report 2015–16 (2016) 14.

    ↑

  111. Victim Support (ACT), A New Financial Assistance Scheme for the ACT (2016) <www.victimsupport.act.gov.au/functions/latest-news/latest-news/a-new-financial-assistance-scheme-for-the-act>.

    ↑

  112. Victim Support (ACT), Annual Report 2015–16 (2016) 29.

    ↑

  113. Department of Attorney General and Justice (NSW), Review of the Victims Compensation Fund (PricewaterhouseCoopers Australia, 2012).

    ↑

  114. Ibid 4.

    ↑

  115. Department of Attorney General and Justice (NSW), Review of the Victims Compensation Fund (PricewaterhouseCoopers Australia, 2012) 46.

    ↑

  116. New South Wales Government, Submission No 11 to Royal Commission into Institutional Responses to Child Sexual Abuse in Response to Issues Paper 7, Royal Commission into Institutional Responses into Child Sexual Abuse, 2014, 2.

    ↑

  117. Department of Attorney General and Justice (NSW), Review of the Victims Compensation Fund (PricewaterhouseCoopers Australia, 2012) 46.

    ↑

  118. New South Wales Government, Submission No 11 to Royal Commission into Institutional Responses to Child Sexual Abuse in Response to Issues Paper 7, Royal Commission into Institutional Responses into Child Sexual Abuse, 2014, 2.

    ↑

  119. For an overview, see ibid 3.

    ↑

  120. Ibid 5.

    ↑

  121. See Department of Justice (NSW), Statutory Review of the Victims Rights and Support Act 2013 (NSW) <www.justice.nsw.gov.au/justicepolicy/Pages/lpclrd/lpclrd_consultation/review-victims-rights-support-act-2013.aspx>.

    ↑

  122. See Department of the Attorney-General and Justice (NT), Issues Raised at Consultation for the Review of the Victims of Crime Assistance Act, Issues Paper (2012) 12.

    ↑

  123. See generally ibid.

    ↑

  124. Ibid 21–57.

    ↑

  125. Victims of Crime Assistance Amendment Act 2013 (NT).

    ↑

1. Introduction
Hicaliber © 2024. All rights reserved.