Australian Capital Territory
Victims of Crime Act 1994     No 83
Republication No 2
Republication date: 12 September 2001
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Victims of Crime Act 1994 as in force on 12 September 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Victims of Crime Act 1994

Contents
	Page

Part 1	Preliminary
	1	Short title	2
	3	Definitions for Act	2
Part 2	Treatment of victims of crime
	4	Governing principles	4
	5	Observance of principles	5
	6	Disclosures to coordinator—legal immunity	5
Part 3	Victims of crime coordinator
Division 3.1	Functions and powers
	7	Functions	6
	8	Attendance at criminal proceedings	6
	9	Investigations	7
	10	Powers	7
	11	Secrecy	7
	12	Disclosure of information concerning investigations	8
	13	Legal immunity	9
Division 3.2	Office of coordinator
	14	Appointment	9
	15	Terms of office	9
	16	Resignation	10
	17	Termination of appointment	10
	18	Acting coordinator	10
Part 4	Victims services scheme
	19	Victims services scheme—establishment	11
	20	Victims services scheme—eligibility	12
	21	Victims services scheme—annual report	12
	22	Victims services scheme—access to information and protection of privacy	12
Part 5	Miscellaneous
	23	Regulation-making power	13
Endnotes
	1	About the endnotes	14
	2	Abbreviation key	14
	3	Legislation history	15
	4	Amendment history	15
	5	Earlier republications	16

Amendments incorporated to
12 September 2001

Australian Capital Territory
Victims of Crime Act 1994

An Act relating to victims of crime

    

Part 1	Preliminary
    
1	Short title
This Act may be cited as the Victims of Crime Act 1994.
3	Definitions for Act
	(1)	In this Act:
Note  A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
administration of justice includes the provision of police services.
coordinator means the Victims of Crime Coordinator appointed under section 14 (2).
harm includes—
	(a)	physical injury; and 
	(b)	mental injury or emotional suffering (including grief); and
	(c)	pregnancy; and
	(d)	economic loss; and
	(e)	substantial impairment of rights accorded by law.
offence means an offence against a law in force in the Territory.
victim means—
	(a)	a person (the primary victim) who suffers harm—
	(i)				in the course of, or as the result of, the commission of an offence; or
	(ii)		in the course of assisting a police officer in the exercise of the officer’s power to arrest a person or to take action to prevent the commission of an offence; or
	(b)	where a primary victim dies as a result of the commission of an offence—any person who was financially or psychologically dependent on the primary victim immediately before his or her death; or
	(c)	a person who witnesses the commission of an offence in circumstances in which it is probable that he or she would suffer harm; or
	(d)	a primary victim, a related victim or an eligible property owner within the meaning of the Victims of Crime (Financial Assistance) Act 1983. 
victims services scheme means the scheme established under part 4. 
	(2)	A reference in this Act to the performance of a function shall, unless the contrary intention appears, be read as including a reference to the performance of a duty and the exercise of a power.

Part 2	Treatment of victims of crime
    
4	Governing principles
In the administration of justice, the following principles shall, as far as practicable and appropriate, govern the treatment of victims:
	(a)	a victim should be dealt with at all times in a sympathetic, constructive and reassuring manner and with due regard to his or her personal situation, rights and dignity;
	(b)	a victim should be informed at reasonable intervals (generally not exceeding 1 month) of the progress of police investigations concerning the relevant offence, except where such disclosure might jeopardise the investigation, and, in that case, the victim should be informed accordingly;
	(c)	a victim should be informed of the charges laid against the accused and of any modification of the charges;
	(d)	a victim should be informed of any decision concerning the accused to accept a plea of guilty to a lesser charge or a guilty plea in return for a recommendation of leniency in sentencing;
	(e)	a victim should be informed of any decision not to proceed with a charge against the accused;
	(f)	where any property of a victim is held by the Crown for the purposes of investigation or evidence—inconvenience to the victim should be minimised and the property returned promptly;
	(g)	a victim should be informed about the trial process and of the rights and responsibilities of witnesses;
	(h)	a victim should be protected from unnecessary contact with the accused and defence witnesses during the course of the trial;
	(i)	a victim’s residential address should be withheld unless the court directs otherwise;
	(j)	a victim should be relieved from appearing at preliminary hearings or committal proceedings unless the court directs otherwise;
	(k)	a victim should be given an explanation of the outcome of criminal proceedings and of any sentence and its implications;
	(l)	a victim who is known to have expressed concern about the need for protection from an offender should be informed of the offender’s impending release from custody.
5	Observance of principles
A person who performs a function in the administration of justice shall, in addition to any other matter that is relevant, have regard to the governing principles referred to in section 4.
6	Disclosures to coordinator—legal immunity
	(1)	Where a person to whom this section applies—
	(a)	discloses information to the coordinator which the person believes on reasonable grounds is required by the coordinator for the purposes of this Act; and
	(b)	the disclosure is made in good faith;
no action, suit or proceeding lies against the person in respect of the disclosure.
	(2)	Subsection (1) does not affect any liability that the Territory would have, but for that subsection, in respect of the disclosure.
	(3)	This section applies to a person who performs, or has performed, a function in the administration of justice.

Part 3	Victims of crime coordinator
Division 3.1	Functions and powers
7	Functions
The coordinator has the following functions in connection with the administration of justice:
	(a)	to promote the governing principles referred to in section 4;
	(b)	to encourage the provision of efficient and effective services for victims;
	(c)	to promote reforms to meet the needs of victims;
	(d)	to develop educational and other programs to promote awareness of the needs of victims;
	(e)	to disseminate information concerning the operation of this Act and the functions of the coordinator;
	(f)	to maintain a register of services available to victims;
	(g)	to ensure, as far as practicable, that victims receive the information and assistance they need in connection with their involvement in the administration of justice;
	(h)	to advise the Minister on matters relating to victims;
	(i)	any other function assigned to the coordinator by or under any other law of the Territory.
8	Attendance at criminal proceedings
The coordinator is entitled to be present at the hearing of a proceeding in a court in respect of an offence, including any part of the proceeding held in private, unless the court directs otherwise. 
9	Investigations
	(1)	The coordinator may investigate conduct in the administration of justice which the coordinator believes on reasonable grounds involves a breach of the governing principles referred to in section 4.
	(2)	A person who performs, or has performed, a function in the administration of justice shall assist the coordinator, as far as practicable, in relation to the giving of information requested by the coordinator for the purposes of an investigation. 
	(3)	The coordinator shall report the results of an investigation to the Minister.
10	Powers
The coordinator has power to do all things necessary or convenient to be done in connection with the performance of the coordinator’s  functions.
11	Secrecy
	(1)	Subject to subsection (2), a person to whom this section applies shall not—
	(a)	make a record of protected information; or
	(b)	directly or indirectly, divulge or communicate to a person protected information concerning another person;
unless the record is made or the information divulged or communicated in relation to the performance of a function, as a person to whom this section applies, under or in relation to this Act or another law.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
	(2)	Subsection (1) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about another person with the consent of that other person.
	(3)	A person to whom this section applies is not required—
	(a)	to divulge or communicate protected information to a court; or
	(b)	to produce a document containing protected information to a court;
except where it is necessary to do so for the purposes of this Act or another law.
	(4)	In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
person to whom this section applies means a person who is, or has been—
	(a)	the coordinator; or
	(b)	a person acting under the direction or authority of the coordinator.
produce includes permit access to.
protected information means information that—
	(a)	concerns the affairs of a person; and
	(b)	is disclosed to, or obtained by, a person to whom this section applies because of the performance of a function under or in relation to this Act or another law.
12	Disclosure of information concerning investigations
	(1)	Section 11 (1) does not prevent the coordinator from disclosing information to a person or to members of the public about a matter the subject of an investigation under section 9 if the coordinator is satisfied that the disclosure is necessary and reasonable in the performance of a function under or in relation to this Act or another law.
	(2)	In a disclosure referred to in subsection (1), the coordinator shall not—
	(a)	express an opinion that is (expressly or impliedly) critical of a person unless the coordinator has given the person an opportunity to answer the criticism; or
	(b)	identify a person (directly or indirectly) unless it is necessary and reasonable to do so.
13	Legal immunity 
	(1)	No action, suit or proceeding lies against a person who is or has been—
	(a)	the coordinator; or
	(b)	a person acting under the direction or authority of the coordinator;
in relation to an act done or omitted to be done in good faith in the performance, or purported performance, of a function of the coordinator under or in relation to this Act or another law.
	(2)	Subsection (1) does not affect any liability that the Territory would have, but for that subsection, in respect of the act or omission.
Division 3.2	Office of coordinator
14	Appointment
	(1)	There shall be a Victims of Crime Coordinator.
	(2)	The coordinator shall be appointed by the Minister in writing.
15	Terms of office
The coordinator holds office, subject to this division—
	(a)	for the period (not exceeding 3 years) specified in the instrument of appointment, but is eligible for reappointment; and
	(b)	on such terms and conditions (if any) in relation to matters not provided for by this Act as are specified in the instrument of appointment.
16	Resignation
The coordinator may resign by giving a signed notice of resignation to the Minister.
17	Termination of appointment
The Minister may terminate the appointment of the coordinator—
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	in accordance with the instrument of appointment.
18	Acting coordinator
	(1)	The Minister may, in writing, appoint a person to act as the coordinator—
(a)	during a vacancy in the office of the coordinator, whether or not an appointment has previously been made to the office; or
(b)	during any period, or during all periods, when the coordinator is for any reason unable to perform the functions of the office.
	(2)	A person appointed to act as the coordinator during a vacancy in the office of coordinator shall not so act continuously for more than 12 months.
	(3)	Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.

Part 4	Victims services scheme
    
19	Victims services scheme—establishment
	(1)	A victims services scheme shall be established in accordance with the regulations.
	(2)	Regulations made for the purposes of this section may provide for the following matters:
	(a)	the nomination of a service agency to be responsible for the management of the scheme;
	(b)	the establishment of a victims assistance board with the following functions:
	(i)	the preparation of guidelines for the management of the scheme;
	(ii)	the management of funding arrangements for the responsible service agency;
	(iii)	such other functions relating to the scheme as are prescribed by the regulations;
	(c)	conditions for eligibility for the scheme;
	(d)	different levels of services for different categories of victim, or for victims in different circumstances;
	(e)	the performance of functions in relation to the scheme by the coordinator (other than functions inconsistent with the coordinator’s other functions under this Act);
	(f)	the nomination of a person or body as the annual reporting authority for the scheme;
	(g)	any other matters necessary or convenient for the establishment or operation of the scheme.
20	Victims services scheme—eligibility
All victims are eligible for assistance under the victims services scheme, subject to regulations made for the purposes of section 19.
21	Victims services scheme—annual report
The Annual Reports (Government Agencies) Act 1995 applies in relation to the victims services scheme as if—
	(a)	the annual reporting authority nominated pursuant to the regulations were a public authority within the meaning of that Act; and
	(b)	that Act required the annual reporting authority to prepare an annual report relating to the operations of the scheme within the relevant reporting period; and
	(c)	the appropriate administrative unit for the purposes of that Act were the administrative unit responsible for the administration of this Act.
22	Victims services scheme—access to information and protection of privacy
For the avoidance of doubt—
	(a)	the victims services scheme is declared to be a health service provider for the purposes of the Health Records (Privacy and Access) Act 1997; and
	(b)	that Act accordingly applies in relation to any health record (within the meaning of that Act) held by the victims services scheme in relation to a victim.

Part 5	Miscellaneous
    
23	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	
3	Legislation history
Victims of Crime Act 1994 No 83
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
remainder (ss 3-19) commenced 15 June 1995 (s 2 (3))
as amended by
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Victims of Crime (Financial Assistance) (Amendment) Act 1999 No 91 pt 3
notified 23 December 1999
s 1, s 2 commenced 23 December 1999 (s 2 (1))
pt 3 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)
Legislation (Consequential Amendments) Act 2001 No 44 pt 407
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 407 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Commencement
s 2	om 2001 No 44 amdt 1.4232
Definitions
s 3	def victim am 1999 No 91 s 9
	def victims service scheme ins 1999 No 91 s 9
Functions and powers
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R2 LA
Secrecy
s 11	am 1998 No 54 sch
Office of coordinator
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R2 LA
Victims services scheme
pt 4 hdg	ins 1999 No 91 s 10
Victims services scheme—establishment
s 19	ins 1999 No 91 s 10
Victims services scheme—eligibility
s 20	ins 1999 No 91 s 10
Victims services scheme—annual report
s 21	ins 1999 No 91 s 10
Victims services scheme—access to information and protection of privacy
s 22	ins 1999 No 91 s 10
Miscellaneous
pt 5 hdg	(prev pt 4 hdg) renum 1999 No 91 s 11
Regulation-making power
s 23		(prev s 19) renum 1999 No 91 s 11
	am 2001 No 44 amdt 1.4233
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Republication No	Amendments to	Republication date	
1	Act 1999 No 91	12 June 2000	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001