Victim Rights Act 2002

Question 1

7

Answer 1

V 7: victims should be treated with courtesy, compassion and respect by any person who deals with a victim.

Question 2

8

Answer 2

V 8: victims and their families should have access to welfare, health, counselling and medical and legal assistance responsive to their needs

Question 3

11

Answer 3

V 11: pigs should inform victims ASAP of programmes and services avaliable to them

Question 4

12

Answer 4

V 12: requires prosecuting authority to advise victims of: progess of investigation, chargres filed/actions, date and place of proceedings, role of victim and witness, outcome proceedings.

Question 5

51

Answer 5

V 51: requires prompt return of property held for evidential purposes

Question 6

Victim question

Answer 6

not victim support or court victim advisers

Question 7

Definition of victim?

Answer 7

(i) a person agaisnt whom an offence is committed by another person
= (ii) a person against whom an offence is committed by another person suffers physical injury, loss/damage to property
= (iii) a parent or legal guardian of a child/young person who falls within (i) or (ii) UNLESS that parent/guardian is the person charged/convicted
= (iv) a member of immediate family of a person who as a result of offence of an offence committed by another person, dies or is incapable UNLESS that family member is the person charged/convicted

Question 8

What is considered the immediate family in relation to a victim?

Answer 8

victim’s spouse/civil union/defacto, child/step-child, brother/sister/step-thereafter, parent/step-parent, grandparent

Question 9

What is the purpose of the Victim’s Rights Act 2002?

Answer 9

Designed to look after the interests of victims and to see that
their needs are me

Question 10

For the purposes only of section 7 and 8, who is a victim?

Answer 10

(i) a person who, through, or by means of, an offence committed
by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who
falls within subparagraph (i), unless that parent or guardian is
charged with the commission of, or convicted or found guilty
of, or pleads guilty to, the offence concerned; and
(iii) a person who has experienced domestic violence; and
(iv) a child or young person residing with a person who falls within
subparagraph (iii);

Question 11

When must Police always refer to Victim Support?

Answer 11

i) The incident is serious (a serious offence, fatal or serious injury crash,
completed suicide or other sudden traumatic event) including violence
offences with a seriousness greater than common assault, and dishonesty
offences of a serious magnitude.

ii) The victim(s) are significantly affected by the incident.

iii) The victim(s) are likely to be involved with the justice system
(police/court etc) for an extended period.

Question 12

Are incidents involving attempted suicide to be referred to Victim Support?

Answer 12

No.

Question 13

When a witness is giving evidence in a criminal proceeding are the entitled to have a support person near them?

Answer 13

Yes.

Section 79, Evidence Act 2006.