Victims of Crime Act 1994 (ACT)

Victims of Crime Act 1994   

A1994-83

Republication No 29

Effective:  1 July 2025

Republication date: 1 July 2025

Last amendment made by A2024‑16

(republication for amendments by A2023-45)

About this republication

The republished law

This is a republication of the Victims of Crime Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2025. 

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 type="disc">

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.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

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 the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Victims of Crime Act 1994

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

3AOffences against Act—application of Criminal Code etc 2

3AA         Objects of Act  3

Part 2A    Important concepts

6            Who is a victim?  4

7           Meaning of administration of justice  5

8            Meaning of justice agency  6

Part 3      Victims of crime commissioner

11          Functions  8

13          Attendance at criminal proceedings  9

Part 3A    Victims rights

Division 3A.1            Preliminary

14          Object—pt 3A  10

14A         Meaning of victims rights  10

14AA        Application of victims rights to victims under div 3A.3A  10

14B         Definitions—pt 3A  11

Division 3A.2            Victims rights—respect, privacy and safety

14C         Respectful engagement with victims  12

14D         Respectful engagement with child victims  13

14E         Contact with victims  13

14F         Victims’ privacy  14

14G         Storage and return of victims’ property  15

14H         Victims’ appearance at preliminary or committal hearings                   15

14I         Minimising victims’ exposure to accused etc  16

14J         Minimising registered victims’ exposure to offenders etc  17

Division 3A.3            Victims rights—access to support, services, legal and financial assistance

15          Referral of victims to support services  18

15A         Provision of aids or adjustments to victims  19

15B         Victims may request referral of offences to restorative justice              20

15C         Reimbursement and financial assistance for victims  21

Division 3A.3A         Victims rights—harm statement etc

15CA        Definitions—div 3A.3A  21

15CB        Application—div 3A.3A  22

15CC        Harm statement—who may make a harm statement  23

15CD        Harm statement—form and contents  23

15CE        Harm statement—presentation to panel  24

15CF        Harm statement—use by panel  25

15CG        Harm statement—relevant entity to tell victims about harm statement    25

15CH        Information disclosure to victim of harmful behaviour  26

Division 3A.4            Victims rights—information about administration of justice processes

15D         Police to tell victims about administration of justice processes after offence reported 27

15E         DPP to give information to victim witnesses  28

15F         Police and DPP to tell victims about victim impact statement               28

15G         DPP to tell victims about decisions to discontinue prosecution and review of decisions 29

15H         Justice agencies to tell eligible victims about victims register etc           30

15I         Justice agencies to tell victims about justice agency complaints and victims rights concerns 31

Division 3A.5            Victims rights—information about investigations, proceedings and decisions

16          Police to give written confirmation to victims reporting offences            32

16A         Police to update victims about status of investigations  32

16B         DPP to consider victims’ views about dealing with charges                 33

16C         Police and DPP to update victims about bail decisions  35

16D         DPP to tell victims about hearings  35

16E         DPP to tell victims about reparation orders  36

16F         DPP to tell victims about outcomes of trials and appeals  37

16G         Justice agencies to tell victims about inquiries for parole or release on licence 37

16H         Justice agencies to tell victims about parole or release on licence decisions 39

16I         Justice agencies may give information about offenders to registered victims 40

16J         Justice agencies to tell registered victims about transfer etc of detained offenders 41

16K         Adult offender victims register unit to tell victim about intensive correction orders 42

16L         DPP to tell victims about court requirements and orders relating to offender’s mental health 43

16M         ACAT to tell victims about mental health orders etc  45

16N         Affected person register unit to tell victims about affected person register etc 46

Division 3A.6            Victims rights—participation in proceedings

17          Justice agency to present victims’ concerns about protection in bail submissions 47

17A         Victims may make victim impact statements  48

17B         Corrective services unit to consider victims’ views about pre-sentence report or intensive correction assessment  48

17C         Victims may be in courtroom for proceedings  49

17D         Victims may make submissions for parole or release on licence inquiries 49

17E         Victims may give statement to ACAT for mental health orders etc         51

17F         Affected person register unit to assist victims to participate in order hearings 51

17G         Victims may participate in restorative justice  52

Division 3A.7            Implementing victims rights

Subdivision 3A.7.1    Complying with victims rights

18          Justice agencies must comply with victims rights  53

18A         Other entities should have regard to victims rights  53

18B         Victims’ representatives  54

18C         Justice agencies to tell victims about administration of justice processes  55

Subdivision 3A.7.2    Complaints and concerns about victims rights

18D         Victims may make justice agency complaints to justice agencies          55

18E         Justice agencies to deal with justice agency complaints  56

18F         Victims may raise victims rights concern with commissioner               57

18G         Commissioner to deal with victims rights concerns  58

Division 3A.8            Miscellaneous

18H         Justice agencies to make victims rights guidelines  59

18I         Justice agencies to include justice agency complaints in annual report     59

18J         Commissioner to include victims rights concerns in annual report         60

18K         Legal rights not affected  61

18L         Review of victims rights  61

Part 4      Victims services scheme

19          Victims services scheme—establishment  62

20          Victims services scheme—eligibility  62

21          Victims services scheme—annual report  62

22          Victims services scheme—access to information and protection of privacy 63

Part 4A    Victims advisory board

Division 4A.1            Establishment and membership

22A         Establishment of board  64

22B         Functions of board  64

22C         Membership of board  64

22D         Appointed members of board  65

22E         Chair  66

22F         Conditions of appointment generally  66

22G         Term of appointment  66

Division 4A.2            Proceedings of board

22H         Time and place of meetings  67

22I         Procedures governing conduct of meetings  68

22J         Disclosure of interests  68

Part 5      Victims services levy

23          Meaning of offence—pt 5  69

24          Imposition of victims services levy  69

26          Levy not to be reduced  69

27          Effect of appeal etc  70

Part 6      Miscellaneous

28          Protection from liability  71

29          Secrecy  71

29A         Delegation by chief police officer  73

30          Regulation-making power  73

Dictionary74

Endnotes

1            About the endnotes  78

2            Abbreviation key  78

3            Legislation history  79

4            Amendment history  84

5            Earlier republications  95

Victims of Crime Act 1994

An Act relating to victims of crime and other harmful behaviour

Part 1Preliminary

1. Name of Act

   This Act is the Victims of Crime Act 1994.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

3AAObjects of Act

The objects of this Act are to—

(a)acknowledge the central role of victims in the criminal justice process; and

(b)contribute to upholding the safety, privacy and dignity of people adversely affected by crime and other harmful behaviour; and

(c)help victims deal with the effects of criminal offences and other harmful behaviour; and

(d)acknowledge, promote and uphold the rights and interests of victims in the administration of justice; and

(e)recognise and establish appropriate ways for agencies involved in the administration of justice to engage with victims in order to minimise adverse outcomes and prevent trauma for victims; and

(f)establish requirements for monitoring and reviewing victims rights.

Part 2AImportant concepts

1. Who is a victim?

   (1)In this Act (other than division 3A.3A):

   victim means a person who suffers harm because of an offence and includes—

   (a)a person (the primary victim) who suffers harm—

   (i)in the course of, or as a result of, the commission of an offence; or

   (ii)as a result of witnessing an offence; and

   (b)a family member, of the primary victim, who suffers harm because of the harm to the primary victim; and

   (c)a person who is financially or psychologically dependent on the primary victim and who suffers harm because of the harm to the primary victim; and

   (d)the following people under the Victims of Crime (Financial Assistance) Act 2016:

   (i)a primary victim;

   (ii)a related victim;

   (iii)a homicide witness; and

   (e)if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person.

   (2)However, a victim does not include a person who suffers harm because of an offence he or she committed or is alleged to have committed.

   (3)In this section:

   guardian means—

   (a)for a child—a parent, a legally appointed guardian of the child or someone else with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility); or

   (b)for a legally incompetent person—a person who is—

   (i)a legally appointed guardian of the legally incompetent person; or

   (ii)an attorney, appointed under an enduring power of attorney that has become operative, for the legally incompetent person.

   harm includes 1 or more of the following:

   (a)physical injury;

   (b)mental injury or emotional suffering (including grief);

   (c)pregnancy;

   (d)economic loss;

   (e)substantial impairment of a person’s legal rights.

   legally incompetent person means an adult who is subject to—

   (a)an enduring power of attorney that has become operative; or

   (b)a guardianship order.

2. Meaning of administration of justice

   In this Act:

   administration of justice includes the provision of services by a justice agency.

3. Meaning of justice agency

   (1)In this Act:

   justice agency—

   (a)means any of the following entities:

   (i)the director-general of the administrative unit responsible for maintaining a register of victims of offenders under the Crimes (Sentence Administration) Act 2005, section 215 (the adult offenders victims register unit);

   (ii)the director-general of the administrative unit responsible for maintaining the affected person register under the Mental Health Act 2015, part 7.2 (the affected person register unit);

   (iii)the chief police officer;

   (iv)the director-general of the administrative unit responsible for the Corrections Management Act 2007 (the corrective services unit);

   (v)a court or tribunal, when acting in an administrative capacity;

   (vi)the director of public prosecutions;

   (vii)a referring entity, when acting in an administrative capacity;

   (viii)the director-general of the administrative unit responsible for the Crimes (Restorative Justice) Act 2004 (the restorative justice unit);

   (ix)the sentence administration board, when acting in an administrative capacity;

   (x)the victims of crime commissioner;

   (xi)the director-general of the administrative unit responsible for this Act;

   (xii)the director-general of the administrative unit responsible for maintaining a register of victims of young offenders under the Crimes (Sentence Administration) Act 2005, section 215A (the youth justice victims register unit);

   (xiii)the director-general responsible for the Children and Young People Act 2008;

   (xiv)an entity prescribed by regulation; but

   (b)does not include any of the following:

   (i)the Chief Justice or a judge;

   (ii)the Chief Magistrate, a magistrate or any office that must be occupied by a magistrate.

   (2)For subsection (1), definition of justice agency, paragraph (a), an entity that is a court or tribunal is acting in an administrative capacity other than when it is exercising its jurisdiction in relation to any proceeding before it.

   Note 1A director-general may delegate to a public employee or another person a function given to the director-general under this Act (see Public Sector Management Act 1994, s 20).

   Note 2An entity that is not a justice agency need not comply with victims rights (see s 18), although the entity should have regard to victims rights (see s 18A).

Part 3Victims of crime commissioner

1. Functions

   (1)The commissioner has the following functions in connection with the administration of justice:

   (a)to manage the victims services scheme, the financial assistance scheme and any other program for the benefit of victims;

   (b)to advocate for the interests of victims;

   (c)to advocate for the interests of affected people under the Mental Health Act 2015;

   (d)to monitor and promote compliance with victims rights;

   (e)to ensure victims rights concerns are dealt with promptly and effectively;

   (f)to promote the prompt and effective resolution of complaints about victims rights made to relevant complaints entities;

   (g)to ensure the provision of efficient and effective services for victims;

   (h)to consult on and promote reforms to meet the interests of victims;

   (i)to develop educational and other programs to promote awareness of the interests of victims;

   (j)to distribute information about the operation of this Act and the commissioner’s functions;

   (k)to ensure that victims receive information and assistance they need in connection with their involvement in the administration of justice;

   (l)to encourage and facilitate cooperation between agencies involved in the administration of justice with respect to victims;

   (m)to advise the Minister on matters relating to the interests of victims;

   (n)any other function given to the commissioner under this Act or another territory law.

   Note 1The commissioner is a member of the human rights commission appointed under the Human Rights Commission Act 2005, s 18D.

   Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

   (2)In this section:

   relevant complaints entity—see section 18G (4).

2. Attendance at criminal proceedings

   For the exercise of the commissioner’s functions under this Act, the commissioner 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.

Part 3AVictims rights

Division 3A.1            Preliminary

1. Object—pt 3A

   The object of this part is to ensure that, in the administration of justice, engagement with victims is governed by the victims rights.

14AMeaning of victims rights

In this Act:

victims rights means the rights in the following divisions:

(a)division 3A.2 (Victims rights—respect, privacy and safety);

(b)division 3A.3 (Victims rights—access to support, services, legal and financial assistance);

(c)division 3A.4 (Victims rights—information about administration of justice processes);

(d)division 3A.5 (Victims rights—information about investigations, proceedings and decisions);

(e)division 3A.6 (Victims rights—participation in proceedings).

NoteThe victims rights are not exhaustive. Victims have a range of rights under other territory laws.

14AAApplication of victims rights to victims under div 3A.3A

(1)A victims right applies, as far as possible, to a victim of a child’s harmful behaviour under division 3A.3A.

(2)In this section:

harmful behaviour—see section 15CA (1).

14BDefinitions—pt 3A

In this part:

authorised officer—see the Bail Act 1992, dictionary.

detained offender means an offender who—

(a)has been sentenced for the offence; and

(b)is—

(i)a detainee within the meaning of the Corrections Management Act 2007, section 6; or

(ii)a young detainee within the meaning of the Children and Young People Act 2008, section 95.

forensic mental health order—see the Mental Health Act 2015, dictionary.

forensic patient—see the Mental Health Act 2015, section 127.

intensive correction order—see the Crimes (Sentencing) Act 2005, section 11 (2).

mental health order—see the Mental Health Act 2015, dictionary.

offender means a person convicted or found guilty of an offence by a court.

parole order—see the Crimes (Sentence Administration) Act 2005, section 117.

registered affected person, in relation to a forensic patient—see the Mental Health Act 2015, section 129.

registered victim, of an offender—see the Crimes (Sentence Administration) Act 2005, section 213.

transfer or release, of a detained offender, means—

(a)the transfer of the detainee from their place of detention; or

Examples

1transporting an offender from a detention place to hospital

2transferring an offender from a correctional centre to an equivalent institution interstate

(b)the release of a detainee from their place of detention, including for a temporary absence.

Examples—temporary absence

1to work or seek work

2to attend a funeral or visit a relative suffering a serious illness

3to attend a place of education or training

4to participate in a prison program that includes release under a pre‑release permit scheme

victim impact statement, for an offence—see the Crimes (Sentencing) Act 2005, section 47.

young offender—see the Crimes (Sentence Administration) Act 2005, dictionary.

Division 3A.2            Victims rights—respect, privacy and safety

14CRespectful engagement with victims

(1)A justice agency must engage with a victim respectfully and with appropriate regard to the victim’s personal situation, needs, concerns, rights and dignity.

(2)A justice agency must take into account, and be responsive to, the individual needs of a victim, particularly needs relating to any of the following:

(a)age;

(b)disability;

(c)gender identity;

(d)race;

(e)religion;

(f)sex;

(g)sexuality;

(h)parental, family, carer or kinship responsibilities.

14DRespectful engagement with child victims

If a primary victim is a child, a justice agency must—

(a)as far as practicable, consider the child’s views, wishes and circumstances before engaging with the child’s parent or carer as the victim in relation to victims rights; and

(b)engage with the child in a way that is appropriate for a person of the child’s age who is not a victim.

14EContact with victims

(1)A justice agency must contact a victim if, in exercising a function in relation to victims rights, it is required to do so (a required contact).

(2)However, a justice agency need not make a required contact with a victim if—

(a)the justice agency has told the victim about each required contact (including the right to which each contact relates) and the victim does not want any required contact, or does not want the particular required contact; or

(b)another agency has already made the required contact with the victim; or

(c)it is not possible or practicable in the circumstances to make the required contact with the victim; or

(d)for a person who is a victim under section 6 (1), definition of victim, paragraph (b) or (c) (an associated victim)—the justice agency—

(i)has already made the required contact with the primary victim; and

(ii)considers it unnecessary to also contact the associated victim.

Examples—par (b)

1     if the DPP is required to give a victim information, the DPP may arrange with the chief police officer for a police officer to give the information to the victim

2     if the ACAT is required to give a victim information, the ACAT may arrange for the commissioner give the information to the victim

Examples—par (c)

1     the victim cannot be found after reasonable steps have been taken to find the victim

2     the proceedings progress too quickly for the victim to be contacted

3     a justice agency is not aware of a victim or cannot reasonably find a victim’s contact details

14FVictims’ privacy

(1)A justice agency must not disclose personal information about a victim or a family member of the victim, unless the information is disclosed—

(a)in the course of a proceeding before a court or tribunal; or

(b)under a territory law; or

(c)with the victim’s consent.

(2)In this section:

educational institution means a school, college or other educational institution, whether or not operated in the ACT or by or on behalf of the Territory.

personal information, about a person, includes—

(a)a person’s home address and contact details; and

(b)if the person is employed—the place where the person is employed; and

(c)if the person is a student—the educational institution the person attends.

14GStorage and return of victims’ property

(1)If a victim’s property is held by a justice agency for the purpose of investigating or prosecuting a criminal offence, the property must be—

(a)handled and stored in a lawful, respectful and secure manner; and

(b)returned to the victim as soon as practicable after it is no longer needed for that purpose.

(2)However, for subsection (1) (b)—

(a)the property must not be returned to the victim if the victim’s possession of the property would be an offence; and

(b)the property need not be returned to the victim directly.

NoteThe Court Procedures Rules 2006 sets out for how long exhibits put into evidence may be kept by the court in proceedings (see r 6762), including in appeals proceedings (see r 5194), duties on parties to claim exhibits (see r 6763) and disposal of exhibits (see r 6766).

14HVictims’ appearance at preliminary or committal hearings

The director of public prosecutions must not require a victim to appear at a preliminary hearing or a committal hearing unless—

(a)a court directs the victim to appear; or

(b)the director of public prosecutions considers the victims’ appearance necessary in the interests of justice.

NoteUnder the Magistrates Court Act 1930, s 90AA, written statements may generally be admitted as evidence in a committal hearing, however, the court may give leave for evidence to be given in person at the hearing if it considers it necessary in the interests of justice (see that Act, s 90AA (7)).

14IMinimising victims’ exposure to accused etc

(1)This section applies to a victim of an offence if the victim—

(a)is in a court or tribunal building for a proceeding for the offence; and

(b)has told a relevant justice agency that the victim may need protection from violence or harassment by any of the following people:

(i)an accused person for the offence;

(ii)a defence witness;

(iii)a family member of the accused or any person supporting the accused.

(2)The relevant justice agency must, as far as practicable, minimise the victim’s exposure to the person while in the court or tribunal building.

NoteThe Evidence (Miscellaneous Provisions) Act 1991, pts 4.2 and 4.3 set out special requirements that apply in particular proceedings to stated kinds of witnesses, including children and intellectually impaired witnesses, to minimise the exposure of a witness to an accused. Particularly, that Act sets out—

·     when a stated kind of witness may give evidence by audiovisual link in particular proceedings (see tables 43.1 to 43.4 and div 4.3.5); and

·     that a court may order that an accused person be screened from a witness while the witness is giving evidence in a courtroom (see s 47); and

·     that a witness in a relevant proceeding must not be examined personally by the accused person (see s 48); and

·     that a court may order that the court be closed to the public while a witness is giving evidence (see s 50).

(3)In this section:

exposure, of a victim to another person—

(a)includes—

(i)any form of physical contact between the victim and the other person; and

(ii)face-to-face communication between the victim and the other person; but

(b)does not include—

(i)oral communication by telephone; or

(ii)written communication, including electronic communication.

relevant justice agency means either of the following justice agencies:

(a)the director of public prosecutions;

(b)a court or tribunal, when acting in an administrative capacity.

14JMinimising registered victims’ exposure to offenders etc

(1)This section applies if—

(a)an offender is sentenced; or

(b)for a detained offender—the offender is transferred or released from their place of detention.

(2)A relevant justice agency must, as soon as practicable, tell each registered victim of the offender about actions the victim may take to minimise their exposure to, and prevent contact from, the offender.

Examples—actions victim may take

1     apply for a personal protection order under the Personal Violence Act 2016

2     ask that the offender be directed to not contact the victim by phone or mail under the Corrections Management Act 2007, s 47 (6) or s 48 (5)

3     ask that a young offender be directed to not contact the victim by phone or mail under the Children and Young People Act 2008, s 174 (6) or s 175 (4)

(3)In this section:

relevant justice agency means either of the following justice agencies:

(a)the youth justice victims register unit;

(b)the adult offenders victims register unit.

Division 3A.3            Victims rights—access to support, services, legal and financial assistance

1. Referral of victims to support services

   (1)The chief police officer must, as soon as practicable, refer a victim of an offence to a service that provides support or assistance suitable for the victim and the victim’s circumstances.

   Examples—as soon as practicable

   1     after a person reports an offence to police

   2     after police become aware an offence has been committed

   (2)However, a referral need not be made if it would not be appropriate in the circumstances.

   Example—not appropriate in the circumstances

   the victim does not consent to the referral

15AProvision of aids or adjustments to victims

A justice agency must, unless the court directs otherwise, ensure a victim of an offence is provided with, or is able to access—

(a)any special requirement the victim is entitled to in relation to a proceeding for the offence under the Evidence (Miscellaneous Provisions) Act 1991, part 4.2; and

(b)any aid or adjustment that is reasonably necessary to enable the victim to fully participate in the administration of justice for the offence.

Examples—aid or adjustment

1     assistance animal

2     intermediary or support person

3     interpreter or translator

Note 1The Evidence (Miscellaneous Provisions) Act 1991 sets out—

(a)when a court may appoint an intermediary in a criminal proceeding for a witness with a communication difficulty (see that Act, ch 1B); and

(b)when a court may order that a witness have a support person in court while giving evidence (see that Act, s 49 and s 101).

Note 2The Evidence Act 2011, s 30 sets out when a witness in a proceeding may give evidence through an interpreter.

Note 3This section applies to a court or tribunal, a referring entity or a member of the sentence administration board only when acting in an administrative capacity, but does not apply to a judge, a magistrate, or a court or tribunal when exercising its jurisdiction in relation to any proceeding before it (see s 8 (1), definition of justice agency, par (a) (v), (vii) and (ix) and s (2)).

15BVictims may request referral of offences to restorative justice

(1)A victim of an offence may—

(a)at any stage during the administration of criminal justice for the offence, ask a justice agency whether the offence may be referred for restorative justice; and

(b)at any stage of the criminal justice process for the offence, ask a referring entity for that stage of the process to refer the offence for restorative justice.

Note 1The Crimes (Restorative Justice) Act 2004 sets out eligibility requirements for restorative justice (see that Act, pt 5) and the process for referral of offences for restorative justice (see that Act, pt 6).

Note 2Under the Crimes (Restorative Justice) Act 2004, s 28A, in stated circumstances, an offence may be referred for restorative justice by a post-sentence referring entity without telling the offender that the offence is being considered for restorative justice.

(2)However, a victim of an offence committed by a person who is at least 10 years old but under the age of criminal responsibility for the offence may ask the agency or entity at any time and whether or not a criminal justice process has, or can be, begun for the offence.

(3)In this section:

stage, of the criminal justice process, has the same meaning as in the Crimes (Restorative Justice) Act 2004, section 22.

under the age of criminal responsibility—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code, section 25 for the offence.

15CReimbursement and financial assistance for victims

(1)A victim who is required to attend court to give evidence as a witness in a criminal proceeding may be able to claim reimbursement of expenses incurred or income lost in attending court.

Examples—expenses

transport, parking, meals

NoteUnder the Court Procedures Rules 2006, r 4331, a person who attends the Magistrates Court as a witness in the hearing of a criminal proceeding is entitled to be paid witness expenses.

(2)A victim may apply for financial assistance under the Victims of Crime (Financial Assistance) Act 2016.

NoteEligibility requirements apply for financial assistance under the Victims of Crime (Financial Assistance) Act 2016, div 3.1.

(3)A victim who suffers loss or incurs expense as a direct result of the commission of an offence, or has property stolen, may ask the director of public prosecutions to apply for a reparation order under the Crimes (Sentencing) Act 2005, section 19 or section 20.

NoteA victim who suffers loss or expense as a direct result of the commission of an offence may be entitled to reparation from the offender by way of payment of money or otherwise, for the loss or expense (see Crimes (Sentencing) Act 2005, s 19). A victim whose property is stolen may be entitled to have the property restored to them or to payment of the value of the property (see that Act, s 20).

Division 3A.3A        Victims rights—harm statement etc

15CADefinitions—div 3A.3A

(1)In this division:

child means a person under 14 years old.

harm—see section 6 (3).

harmful behaviour, of a child, means behaviour that causes harm to another person.

harm statement, in relation to a child’s harmful behaviour, means a statement prepared by or for a victim of the behaviour for consideration by the therapeutic support panel.

therapeutic support panel—see the Children and Young People Act 2008, dictionary.

victim, of a child’s harmful behaviour, means—

(a)a person (a primary victim) who suffers harm because of the behaviour; or

(b)if a primary victim dies because of the behaviour—a person who was financially or psychologically dependent on the primary victim before the primary victim’s death.

(2)In this section:

because of, a child’s harmful behaviour, means—

(a)as a result of, or in the course of, the behaviour; or

(b)in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the behaviour or to take action to prevent the behaviour.

loss of a pregnancy means a miscarriage or stillbirth.

15CBApplication—div 3A.3A

This division applies if—

(a)a child has engaged in harmful behaviour; and

(b)there is a victim of the behaviour; and

(c)the child is not the subject of a criminal proceeding for the harmful behaviour.

15CCHarm statement—who may make a harm statement

(1)The following people may make a harm statement in relation to a child’s harmful behaviour:

(a)a victim of the behaviour;

(b)a person with parental responsibility for a victim of the behaviour;

(c)a close family member of a victim of the behaviour;

(d)a carer for a victim of the behaviour;

(e)a person with an intimate personal relationship with a victim of the behaviour.

(2)In this section:

person with parental responsibility, for a victim who is a child or young person—means a person with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.

15CDHarm statement—form and contents

(1)A harm statement may, but need not, identify the victim to whom the statement relates, but must not identify the victim if the victim does not wish to be identified in the statement.

(2)However, if the statement does not identify the victim, the therapeutic support panel must—

(a)be told the identity of the victim; and

(b)not disclose the identity to any other person.

(3)If the person who makes the statement is not the victim (or the victim’s representative)—

(a)the statement must indicate that the victim does not object to the statement being made to the therapeutic support panel; and

(b)if practicable, the victim (or representative) must sign the statement, or make a separate written or oral statement to the panel, to verify that the victim does not object.

(4)If the victim to whom the statement relates is not a primary victim, the statement must identify the primary victim and state the nature and length of the victim’s relationship with the primary victim.

(5)If the statement is made by a person who is not the victim, the statement must indicate the nature and length of the person’s relationship with the victim.

(6)The statement may state the circumstances of the harmful behaviour, and the harm suffered by the victim.

(7)The statement may contain photographs, drawings or other images.

(8)The statement must not contain anything that is offensive, threatening, intimidating or harassing.

(9)This section does not prevent a harm statement being made in relation to more than 1 victim.

15CEHarm statement—presentation to panel

(1)A harm statement may be given to the therapeutic support panel as—

(a)a written statement signed by or for a victim of the behaviour; or

(b)an oral statement by or for a victim of the behaviour; or

(c)in any other way the panel considers appropriate.

(2)The panel must allow the written statement to be read aloud, or a statement that is not written to be given orally, if the victim wishes the statement to be given to the panel in that way.

15CFHarm statement—use by panel

(1)In deciding how a child should be treated for their harmful behaviour, the panel—

(a)must take into account a harm statement given to the panel in relation to the behaviour when exercising any panel function to which the statement is relevant; and

(b)must not draw any inference about the harm suffered by a victim from the fact that a harm statement is not given to the panel in relation to the behaviour.

Examples—par (a)

1     assessing the therapeutic needs and best interests of a child

2     developing a plan for therapeutic treatment of the child

3     promoting a child’s accountability for harmful behaviour

4     use in restorative justice referrals

(2)The panel may provide a copy or recording of a harm statement or part of a harm statement to the child if—

(a)the panel considers providing the statement to the child to be in the best interests of the child; and

(b)the victim agrees to the copy or statement being given to the child.

15CGHarm statement—relevant entity to tell victims about harm statement

(1)A relevant entity must, as soon as practicable, tell the victim the following:

(a)who may make a harm statement;

(b)that a statement may be made orally or in writing;

(c)what information a statement must and may include;

(d)how a statement may be used by the therapeutic support panel in carrying out its functions, including that—

(i)a copy of the statement may be given to the child but only if the victim agrees; and

(ii)the panel must consider the statement in carrying out its functions.

(2)In this section:

relevant entity means the following:

(a)the chief police officer;

(b)the therapeutic support panel;

(c)the commissioner.

15CHInformation disclosure to victim of harmful behaviour

(1)The therapeutic support panel or the commissioner may disclose information about a child’s harmful behaviour, including information about the therapeutic treatment of the child’s harmful behaviour, to the victim of the behaviour but only if—

(a)the chair of the panel and the commissioner agree that disclosure of the information is appropriate in the circumstances; and

(b)the information does not include personal information or personal health information about the child.

(2)If the victim is under 15 years old, the panel or commissioner may disclose the information to a person with parental responsibility for the victim or a person acting for a victim or both.

(3)In deciding whether disclosure of the information is appropriate in the circumstances, the panel and commissioner must consider all relevant circumstances, including the following:

(a)the age of the child;

(b)the nature of the harmful behaviour;

(c)the effect of the harmful behaviour on the victim.

(4)In this section:

personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.

personal information—see the Health Records (Privacy and Access) Act 1997, dictionary.

person with parental responsibility, for a victim under 15 years old—means a person with parental responsibility for the victim under the Children and Young People Act 2008, division 1.3.2.

Division 3A.4            Victims rights—information about administration of justice processes

15DPolice to tell victims about administration of justice processes after offence reported

(1)The chief police officer must, as soon as practicable, give a victim of a relevant offence information about the administration of justice processes that result from reporting the offence.

Examples—resulting administration of justice processes

1     charging and prosecuting an alleged offender

2     giving evidence and the burden of proof in a proceeding

3     a victim’s role in a proceeding as a witness for the prosecution

(2)In this section:

relevant offence means—

(a)an indictable offence; or

(b)any other offence in relation to which the victim has asked the chief police officer to be given information about administration of justice processes.

15EDPP to give information to victim witnesses

(1)This section applies if a victim of an offence is required to attend court to give evidence as a witness for the prosecution in a proceeding for the offence.

(2)The director of public prosecutions must, within a reasonable period before the witness is to give evidence, tell the victim about, or where to find information about—

(a)the hearing or trial process; and

(b)the role, rights and responsibilities of witnesses.

15FPolice and DPP to tell victims about victim impact statement

(1)A relevant justice agency must, within a reasonable period before a victim of an offence would be able to make a victim impact statement, tell the victim the following:

(a)who may make a victim impact statement;

(b)that a victim impact statement may be made orally or in writing;

(c)what information a victim impact statement must and may include;

(d)how a victim impact statement may be used in court during a proceeding, including that—

(i)a copy of the victim impact statement will be given to the offender; and

(ii)the victim may be cross-examined about the contents of the victim impact statement; and

(iii)the court must consider the victim impact statement in deciding how the offender should be sentenced.

NoteThe Crimes (Sentencing) Act 2005, pt 4.3 sets out the requirements for victim impact statements. A victim impact statement may only be made for an offence that is punishable by imprisonment for longer than 1 year (see that Act, s 48).

(2)In this section:

relevant justice agency means either of the following justice agencies:

(a)the chief police officer;

(b)the director of public prosecutions.

15GDPP to tell victims about decisions to discontinue prosecution and review of decisions

(1)This section applies if a person is charged with 1 or more offences in relation to a victim.

(2)The director of public prosecutions must tell the victim which of the director’s decisions in relation to the charges are automatically reviewed.

(3)If the director of public prosecutions decides to discontinue the prosecution of 1 or more of the charges, the director must, as soon as practicable after making the decision, tell the victim how the victim may request a review of the decision if—

(a)as a result of the decision, the person is not prosecuted for any charge in relation to the victim; and

(b)the decision will not be automatically reviewed.

15HJustice agencies to tell eligible victims about victims register etc

(1)A relevant justice agency must, as soon as practicable after an offender is sentenced for an offence, tell each victim who is eligible to be registered on the victims register—

(a)how the victim may become registered on the victims register; and

(b)the rights of registered victims to information about offenders who are sentenced; and

(c)the role of registered victims in relation to the release of offenders from imprisonment under a parole order or on licence.

Note 1Registration of victims of offenders is dealt with in the Crimes (Sentence Administration) Act 2005, ch 10.

Note 2Release under parole and on licence are dealt with in the Crimes (Sentence Administration) Act 2005, ch 7 and pt 13.1.

(2)In this section:

relevant justice agency means either of the following justice agencies:

(a)the youth justice victims register unit;

(b)the adult offenders victims register unit.

victims register means—

(a)the register of victims of offenders kept under the Crimes (Sentence Administration) Act 2005, section 215; or

(b)the register of victims of young offenders kept under the Crimes (Sentence Administration) Act 2005, section 215A.

15IJustice agencies to tell victims about justice agency complaints and victims rights concerns

(1)This section applies if a victim tells a justice agency that the victim—

(a)believes the agency has not complied with their victims rights; or

(b)is otherwise dissatisfied with the justice agency’s services in relation to victims rights.

(2)The justice agency must, as soon as practicable, tell the victim how the victim may—

(a)make a justice agency complaint to the justice agency; or

(b)if the victim believes the agency has not complied with their victims rights—

(i)raise a victims rights concern with the commissioner; or

(ii)make a victims rights complaint to the human rights commission; or

NoteJustice agency complaint—see s 18D (2).
Victims rights complaint

—see the Human Rights Commission Act 2005, s 41C (2).

Victims rights concern

—see s 18F (2).

(c)if another entity has power to deal with the matter—make a complaint about the matter to the other entity.

Examples

1if the matter relates to corrupt conduct, the victim may be able to make a complaint to the integrity commission

2if the matter relates to a member of the Australian Federal Police, the victim may be able to make a complaint to the National Anti‑Corruption Commission (NACC) established under the National Anti-Corruption Commission Act 2022 (Cwlth), section 20

Division 3A.5            Victims rights—information about investigations, proceedings and decisions

1. Police to give written confirmation to victims reporting offences

   (1)If a victim of a relevant offence reports the offence to a police officer, the chief police officer must, as soon as practicable, give the victim written confirmation of the report, including the name and contact details of—

   (a)the police officer who took the report; and

   (b)another police officer the victim may contact about the report.

   (2)However, the chief police officer need not give written confirmation of the report if doing so is likely to affect the safety of the victim or another person.

   (3)In this section:

   relevant offence means—

   (a)an indictable offence; or

   (b)any other offence in relation to which the victim has asked the chief police officer to provide written confirmation of the report.

16APolice to update victims about status of investigations

(1)If a police officer is investigating a relevant offence, the chief police officer must give a victim of the offence an update about the status of the investigation—

(a)as soon as practicable after a change in the status of the investigation; and

(b)at least every 6 weeks.

(2)However, if the victim wishes to be updated less frequently, the chief police officer may update the victim at another time agreed between the chief police officer and the victim.

(3)Also, if the chief police officer considers that giving the victim an update about the status of the investigation would prejudice the investigation, the matter generally or any other investigation, the chief police officer—

(a)must not tell the victim about the status of the investigation; but

(b)must tell the victim as much as possible about the progress of the investigation.

(4)In this section:

change in status of an investigation, for an offence, includes when police decide to—

(a)charge a person with the offence; or

(b)issue a warrant for the arrest of a person accused of committing the offence.

relevant offence means—

(a)an indictable offence; or

(b)any other offence in relation to which the victim has asked the chief police officer to update the victim about the status of the investigation.

16BDPP to consider victims’ views about dealing with charges

(1)This section applies if—

(a)a person has been charged with a relevant offence; and

(b)the director of public prosecutions is considering taking any of the following actions in relation to the charge (a proposed action):

(i)substantially modifying the nature of the case in a proceeding for the charge, including by—

(A)accepting a guilty plea for a lesser charge; or

(B)discontinuing the prosecution of the charge;

(ii)applying to the ACAT for an assessment order in relation to the person.

NoteThe DPP may apply to the ACAT for an assessment order in relation to a person alleged to have committed an offence if the DPP believes on reasonable grounds that it may not be appropriate to prosecute the person considering the nature and circumstances of the alleged offence and the person’s apparent mental disorder or mental illness (see Mental Health Act 2015, s 35).

(2)The director of public prosecutions must, as soon as practicable and before taking the proposed action, seek and consider the victim’s views about the proposed action.

(3)However, the director of public prosecutions need not seek the victim’s views if the director of public prosecutions considers that it would prejudice the prosecution of an offence.

(4)In this section:

assessment order—see the Mental Health Act 2015, dictionary.

relevant offence means—

(a)an indictable offence; or

(b)any other offence in relation to which the victim has asked the director of public prosecutions to tell the victim about any proposed action.

16CPolice and DPP to update victims about bail decisions

(1)This section applies if a victim of an offence has expressed concern to a relevant justice agency about the need for protection from violence or harassment by an accused person for the offence.

(2)The relevant justice agency must, as soon as practicable, tell the victim if—

(a)a court or an authorised officer makes a decision about a grant of bail, or reviews a bail decision, in relation to the accused person; or

(b)bail is granted to the accused person and a condition is imposed on the grant of bail to protect the victim or a family member of the victim.

NoteThe Bail Act 1992, s 47A outlines that victims should be given notice of bail decisions if they have expressed safety concerns.

(3)In this section:

accused person—see the Bail Act 1992, dictionary.

relevant justice agency means either of the following justice agencies:

(a)the chief police officer;

(b)the director of public prosecutions.

16DDPP to tell victims about hearings

(1)This section applies if—

(a)a person has been charged with an offence; and

(b)a court has set a hearing date for the charge.

(2)The director of public prosecutions must, as soon as practicable after the hearing date has been set, tell a victim of the offence the date, time and place of the hearing.

NoteThe DPP need not give the information mentioned in s (2) to the victim if another justice agency has already given the information to the victim (see s 14E (2) (b)).

16EDPP to tell victims about reparation orders

(1)This section applies if—

(a)an offender is convicted or found guilty of an offence against a territory law; but

(b)the court has not yet sentenced or made a non-conviction order for the offender.

(2)The director of public prosecutions must tell a victim of the offence—

(a)that a court may make a reparation order against the offender under the Crimes (Sentencing) Act 2005 or another territory law; and

(b)if the director of public prosecutions decides not to apply for the order—

(i)the decision; and

(ii)unless the director of public prosecutions considers that it would prejudice the prosecution of an offence—the reason for the decision.

Note 1Reparation orders are dealt with under the Crimes (Sentencing) Act 2005, s 19, s 20 and ch 7. Reparation orders are made on the basis of facts established by evidence given at trial, available documents, admissions by the offender, or submissions made by or for anyone (including the DPP) (see that Act, s 110).

Note 2The DPP need not give the information mentioned in s (2) to the victim if another justice agency has already given the information to the victim (see s 14E (2) (b)).

16FDPP to tell victims about outcomes of trials and appeals

(1)The director of public prosecutions must, as soon as practicable after a proceeding for a relevant offence has ended, tell a victim of the offence about—

(a)the outcome of the proceeding, including any sentence imposed by the court on the offender; and

(b)if the offender appeals a decision under paragraph (a)—

(i)the nature of the appeal; and

(ii)the outcome of the appeal.

NoteThe DPP need not give the information mentioned in s (1) to the victim if another justice agency has already given the information to the victim (see s 14E (2) (b)).

(2)In this section:

relevant offence means—

(a)an indictable offence; or

(b)any other offence in relation to which the victim has asked the director of public prosecutions to tell the victim about the outcome of the proceeding.

16GJustice agencies to tell victims about inquiries for parole or release on licence

(1)This section applies if the sentence administration board intends to start an inquiry into an application for—

(a)parole by an offender under the Crimes (Sentence Administration) Act 2005, chapter 7 (Parole); or

(b)the release of an offender on licence under the Crimes (Sentence Administration) Act 2005, part 13.1 (Release on licence).

(2)A relevant justice agency must, as soon as practicable, tell a victim of an offender—

(a)about the inquiry; and

(b)how the victim may—

(i)make a submission to the board; or

(ii)tell the board about any concern in relation to the inquiry; or

(iii)ask the board not to give the submission or concern to the offender or another person.

Note 1The sentence administration board must seek a registered victim’s views before starting an inquiry for parole (see Crimes (Sentence Administration) Act 2005, s 123) or release on licence (see that Act, s 292) for an offender.

Note 2The sentence administration board must ensure, as far as practicable, that documents are not given to a person if it may endanger a victim or someone else, and other reasons (see Crimes (Sentence Administration) Act 2005, s 192).

(3)The relevant justice agency must also give the victim the following information to assist the victim to make a submission or tell the board about a concern:

(a)information about the offender;

(b)information about any assistance available to the victim to make a submission or tell the board about a concern.

Note 1The Crimes (Sentence Administration) Act 2005 sets out the information that must be given to a victim for an inquiry for parole (see that Act, s 124) or release on licence (see that Act, s 292 (6)).

Note 2Information about an offender may only be disclosed to a registered victim of the offender if the disclosure is appropriate in the circumstances (see s 16I).

(4)In this section:

relevant justice agency means either of the following justice agencies:

(a)the adult offenders victims register unit;

(b)the sentence administration board when acting in an administrative capacity.

16HJustice agencies to tell victims about parole or release on licence decisions

(1)If the sentence administration board decides to make, or refuse to make, a parole order for an offender, the relevant justice agency must, as soon as practicable, take reasonable steps to tell each relevant victim of the offender about—

(a)the board’s decision; and

(b)if the board decides to make a parole order for the offender—

(i)the offender’s parole release date; and

(ii)in general terms, the offender’s parole obligations.

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R0A 17 Oct 2007	9 Dec 1998– 23 Dec 1999	A1998‑54	amendments by A1998‑54
R1 12 June 2000	12 June 2000– 11 Sept 2001	A1999‑91	amendments by A1999‑91
R1 (RI) 17 Oct 2007	12 June 2000– 11 Sept 2001	A1999‑91	reissue of printed version
R2 12 Sept 2001	12 Sept 2001– 8 Oct 2003	A2001‑44	amendments by A2001‑44
R3 9 Oct 2003	9 Oct 2003– 12 Apr 2004	A2003‑41	amendments by A2003‑41
R4 13 Apr 2004	13 Apr 2004– 5 Sept 2007	A2004‑9	amendments by A2004‑9
R5 6 Sept 2007	6 Sept 2007– 19 Dec 2007	A2007‑22	amendments by A2007‑22
R6 20 Dec 2007	20 Dec 2007– 16 Dec 2009	A2007‑44	amendments by A2007‑44
R7 17 Dec 2009	17 Dec 2009– 30 June 2010	A2009‑49	amendments by A2009‑49
R8 1 July 2010	1 July 2010– 27 Feb 2011	A2010‑21	amendments by A2010‑21
R9 28 Feb 2011	28 Feb 2011– 30 June 2011	A2010‑29	amendments by A2010‑29
R10 1 July 2011	1 July 2011– 13 June 2012	A2011‑22	amendments by A2011‑22
R11 14 June 2012	14 June 2012– 11 Nov 2013	A2012‑30	amendments by A2012‑30
R12 12 Nov 2013	12 Nov 2013– 6 Oct 2015	A2013-45	amendments by A2013-45
R13 7 Oct 2015	7 Oct 2015– 29 Feb 2016	A2015‑39	amendments by A2015‑39
R14 1 Mar 2016	1 Mar 2016– 31 Mar 2016	A2015‑39	amendments by A2014-51 and A2015-38
R15 1 Apr 2016	1 Apr 2016– 30 Jun 2016	A2016-1	amendments by A2016-1
R16 1 July 2016	1 July 2016– 25 Aug 2016	A2016‑12	amendments by A2016‑12
R17 26 Aug 2016	26 Aug 2016– 31 Aug 2016	A2016‑53	amendments by A2016‑53
R18 1 Sept 2016	1 Sept 2016– 30 June 2017	A2016‑53	amendments by A2016-52
R19 1 July 2017	1 July 2017– 20 June 2019	A2016‑53	amendments by A2016‑53
R20 21 June 2019	21 June 2019– 30 Nov 2019	A2019‑17	amendments by A2019‑17
R21 1 Dec 2019	1 Dec 2019– 9 Sept 2020	A2019‑18	amendments by A2018-52 as amended by A2019-18
R22 10 Sept 2020	10 Sept 2020– 31 Dec 2020	A2020‑42	amendments by A2020‑42
R23 1 Jan 2021	1 Jan 2021– 1 Jan 2022	A2020‑42	amendments by A2020-34
R24 2 Jan 2022	2 Jan 2022– 29 Sept 2023	A2020‑42	expiry of provisions (s 18H (2), (3))
R25 30 Sept 2023	30 Sept 2023– 8 Nov 2023	A2023‑37	amendments by A2023‑37
R26 9 Nov 2023	9 Nov 2023– 26 Mar 2024	A2023-41	amendments by A2023-41
R27 27 Mar 2024	27 Mar 2024– 25 Apr 2024	A2023‑45	Amendments by A2023‑45
R28 26 Apr 2024	26 Apr 2024– 30 June 2025	A2024‑16	amendments by A2024-12 and A2024‑16

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