Victims' Rights Act 2002

Question 1

Section 7 Treatment

Answer 1

Section 7 Treatment

Any person who deals with a victim, should:

treat the victim with courtesy and compassion

and

respect the victim’s dignity and privacy.

Question 2

Section 8 Access to services

Answer 2

Section 8 Access to services

A victim (or member of a victim’s family) who has any welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are addressing those needs.

Question 3

Section 11 Information about programs, remedies & services

Answer 3

Section 11 Information about programs, remedies and services

Following on from a crime (or contact with an agency - police, corrections etc.) , a victim must as as soon as is practicable, be given information about programs, remedies or services available to them.

Question 4

Section 12 Information about proceedings

Answer 4

Section 12 Information about proceedings

A victim must (as soon as is practicable) be given information about:

1. progress of investigation
2. charges laid (or reasons for not laying charges)
3. victim’s role in prosecution of the witness
4. the possibility of the court protecting the ID of the victim
5. Any dates and places of court hearings, submissions, any part of the legal process
6. the outcome of the prosecution

Question 5

Section 29 Specified offence defined

Answer 5

Section 29 Specified offence defined

A specified offence is:

1. an offence of a sexual nature
2. an offence of serious assault
3. resulted in serious injury, death or a person becoming incapable
4. an offence of another kind, that has led to the victim having ongoing fears (on reasonable grounds) for his/her physical safety or security or for their immediate family.

Question 6

Section 51 Return of property held as evidence

Answer 6

Section 51 Return of property held as evidence

Law enforcement agencies that hold property of a person (other than an offender) for evidentiary purposes must, to the extent that it is possible to do so, return it to the person as soon as practicable after they no longer need to hold it for those purposes.

Question 7

Rights to Section 29 victims

Answer 7

1. Victims have the right to be on the Victim Notification Register.
2. This means they will be notified about bail, release, escape and death of the offender.

Question 8

Section 51

Answer 8

Return of property

Question 9

Section 29

Answer 9

Sexual offences, serious assault, offence resulting in serious injury/death/person incapable, an other offence which leaves victim fearing for their personal physical safety (on reasonable grounds) or their immediate family.

These victims must go on the Victim Notification Register. Bail, release, escape or death.

Question 10

Section 11

Answer 10

Information about services

-as soon as is practicable, victims must be informed of the services that are available to them

Question 11

Section 12

Answer 11

Information about proceedings

• progress of investigation, charges laid/or why not, victim’s role in prosecution, ID being protected by the court, prosecution outcome, dates and places of legal proceedings

Question 12

Section 7

Answer 12

Treatment

-fairly, with compassion, respect and dignity

Question 13

Section 8

Answer 13

Access to services

Any victim (or family member) must have access to services. Mental health, physical health, financial etc.