Victims of Crime Commissioner Act 2015 (Vic)
Version No. 005
Victims of Crime Commissioner Act 2015
No. 56 of 2015
Version incorporating amendments as at
31 October 2022
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Objectives
5Act binds the Crown
Part 2—Victims of Crime Commissioner
Division 1—Appointment, terms and conditions
6Victims of Crime Commissioner
7Appointment
8Remuneration
9Terms and conditions of appointment
10Acting appointment
11Vacancy and resignation
12Removal from office
Division 2—Functions and powers
13Functions and powers of the Commissioner
14Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006
15Authorised person
16Staff to be provided
17Assistance to be provided
18Commissioner may require access to records from the Secretary
19Commissioner may require access to records from the Chief Commissioner of Police
20Commissioner may require access to records from the Director of Public Prosecutions
21Confidentiality of identifying information
22Commissioner not to prejudice legal proceedings or investigations
Division 3—Inquiries
23Inquiries
24Avoiding unnecessary duplication
25Report of inquiry into systemic victim of crime matter
Division 3A—Complaints about compliance with the Charter principles
25AMaking a complaint to the Commissioner
25BHow to make a complaint
25CTime limit for making complaint
25DWithdrawal of complaint
25EInformation relating to complaint to be provided
25FPreliminary assessment of complaint
25GCertain grounds on which Commissioner may decline to consider complaint
25HCommissioner may refer complaint
25IInvestigation of a complaint
25JOutcome of investigation
25KNotice of investigation outcome
Division 4—Interaction with other agencies and referral of information
26Referral of matter to the IBAC
27Referral of matter to other persons
Division 5—Reporting
28Annual report
29Reports to the Attorney-General
29ACommissioner to review Victims' Charter Act 2006
30Content of reports
Part 3—Victims of Crime Consultative Committee
Division 1—Establishment and functions
31Establishment of Victims of Crime Consultative Committee
32Functions of the Committee
Division 2—Chairperson
33Appointment of Chairperson
34Terms of appointment of Chairperson
35Vacancy and resignation of Chairperson
36Removal from office of Chairperson
37Acting Chairperson
Division 3—Membership and procedure
38Membership of the Committee
39Members who are victims of crime
40Member representing victim of crime services organisation
41Appointed additional member
42Terms and conditions of appointment of member
43Cessation of appointment as member of the Committee
44Acting member of the Committee
Division 4—Proceedings of the Committee and conduct of members
45Proceedings of the Committee
46Confidentiality of the Committee
Part 4—General
47Regulations
Part 5—Transitional provisions
48Transitional provision—Victims and Other Legislation Amendment Act 2018
49Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 005
Victims of Crime Commissioner Act 2015
No. 56 of 2015
Version incorporating amendments as at
31 October 2022
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to establish the office of the Victims of Crime Commissioner and to provide for the functions, powers and duties of the office; and
(b)to establish the Victims of Crime Consultative Committee and to provide for the functions of the Committee.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day.
3Definitions
In this Act—
agency means an investigatory agency, a prosecuting agency or a victims' services agency within the meaning of section 3(1) of the Victims' Charter Act 2006;
authorised person means a person authorised by the Commissioner under section 15;
Chairperson means the person appointed as Chairperson of the Victims of Crime Consultative Committee under section 33;
Charter principles has the same meaning as in section 3(1) of the Victims' Charter Act 2006;
Commissioner means the Victims of Crime Commissioner appointed under section 7;
Committee means the Victims of Crime Consultative Committee established under section 31;
corrupt conduct has the same meaning as in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;
Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;
IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;
identifying information means information about a person whose identity is apparent, or can reasonably be ascertained, from the information;
Secretary means the Secretary to the Department of Justice and Community Safety;
victim of crime means—
(a)a victim as defined in section 3(1) of the Victims of Crime Assistance Act 1996; or
(b)a victim as defined in section 3(1) of the Victims of Crime (Financial Assistance Scheme) Act 2022; or
(c)a victim as defined in section 3(1) of the Victims' Charter Act 2006;
Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011.
4Objectives
The objectives of this Act are—
(a)to promote the recognition of victims of crime in the justice system; and
(b)to provide for the representation of the concerns of victims of crime in the decision making of government; and
(c)to promote the inclusion and participation of victims of crime in the justice system.
5Act binds the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Part 2—Victims of Crime Commissioner
Division 1—Appointment, terms and conditions
6Victims of Crime Commissioner
There is to be a Victims of Crime Commissioner.
7Appointment
(1)Subject to subsection (2), the Governor in Council, on the recommendation of the Attorney‑General, may by instrument appoint a person as Commissioner.
(2)A person is not eligible for appointment as Commissioner if the person is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a Territory.
8Remuneration
The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.
9Terms and conditions of appointment
(1)The Commissioner—
(a)holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and
(b)is eligible to be reappointed for one further period not exceeding 5 years; and
(c)holds office on the terms and conditions determined by the Governor in Council.
(2)The Commissioner must not, directly or indirectly, engage in paid employment outside of the office of the Commissioner.
(3)The Commissioner is not, in respect of the office of Commissioner, subject to the Public Administration Act 2004.
10Acting appointment
(1)The Governor in Council, on the recommendation of the Attorney-General, may appoint a person to act as the Commissioner—
(a)during a vacancy in the office of the Commissioner; or
(b)during any period when—
(i)the Commissioner is absent; or
(ii)the Commissioner is for any other reason unable to perform the duties of the office.
(2)An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.
(3)A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the Commissioner.
(4)A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council.
(5)A person acting as the Commissioner is not, in respect of that office, subject to the Public Administration Act 2004.
(6)While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.
(7)The Governor in Council may revoke an appointment under subsection (1) at any time.
11Vacancy and resignation
The Commissioner ceases to hold office if the Commissioner—
(a)resigns by notice given to the Governor in Council; or
(b)becomes insolvent under administration; or
(c)is found guilty or convicted of—
(i)an indictable offence; or
(ii)an offence that, if committed in Victoria, would be an indictable offence; or
(d)is removed from office under section 12.
12Removal from office
The Governor in Council may remove the Commissioner from office at any time on the recommendation of the Attorney-General.
Division 2—Functions and powers
13Functions and powers of the Commissioner
(1)The Commissioner has the following functions—
(a)to advocate for the recognition, inclusion, participation and respect of victims of crime by government departments, bodies responsible for conducting public prosecutions and Victoria Police;
(b)to carry out inquiries on systemic victim of crime matters;
(c)to report to the Attorney-General on any systemic victim of crime matter;
(d)to provide advice to the Attorney-General and government departments and agencies regarding improvements to the justice system to meet the needs of victims of crime;
(e)to receive and deal with complaints under Division 3A;
(f)to make annual and other reports under Division 5;
(g)to perform any other functions conferred on the Commissioner by or under this or any other Act.
(2)The Commissioner has all the powers that are necessary or convenient to perform the functions of the Commissioner under this Act.
14Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006
In the performance of a function or the exercise of a power under this Act the Commissioner must have regard to—
(a)the objectives of this Act; and
(b)the Victims' Charter Act 2006.
15Authorised person
(1)The Commissioner may authorise any person to assist the Commissioner in performing a function.
(2)An authorisation may be general or limited to a specific function of the Commissioner.
(3)The Commissioner must not authorise a person under this section unless the Commissioner is satisfied that the person is appropriately qualified or has successfully completed appropriate training.
16Staff to be provided
(1)The Secretary must ensure that the Commissioner is provided with any employees that are necessary to assist the Commissioner in performing the Commissioner's functions.
(2)An employee provided by the Secretary under subsection (1) must be employed under Part 3 of the Public Administration Act 2004.
17Assistance to be provided
The Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions must ensure that the Commissioner or an authorised person is provided with any assistance in connection with the reasonable performance of the Commissioner's functions that the Commissioner or the authorised person reasonably requires.
18Commissioner may require access to records from the Secretary
The Secretary must give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions under section 23 and Division 3A.
19Commissioner may require access to records from the Chief Commissioner of Police
(1)The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.
(2)Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Commissioner under this section.
(3)The Chief Commissioner of Police may refuse to comply with a requirement of the Commissioner under this section if the Chief Commissioner of Police considers that giving access to a record would, or would be reasonably likely to—
(a)prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or
(b)prejudice the fair trial of a person or the impartial adjudication of a particular case; or
(c)disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or
(d)disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(e)endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.
(4)Section 19 of the Victoria Police Act 2013 does not apply to a duty or discretion of the Chief Commissioner of Police under this section.
(5)A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise a duty of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police.
20Commissioner may require access to records from the Director of Public Prosecutions
(1)The Commissioner may require the Director of Public Prosecutions to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.
(2)Subject to subsection (3), the Director of Public Prosecutions must comply with a requirement of the Commissioner under this section.
(3)The Director of Public Prosecutions may refuse to comply with a requirement of the Commissioner under this section if the Director of Public Prosecutions considers that giving access to that record would, or would be reasonably likely to—
(a)prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or
(b)prejudice the fair trial of a person or the impartial adjudication of a particular case; or
(c)disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or
(d)disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(e)endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.
21Confidentiality of identifying information
(1)Subject to subsection (2), a person must not knowingly disclose any identifying information obtained in the course of the performance of a function or the exercise of a power of the Commissioner.
Penalty:120 penalty units
(2)A person may disclose identifying information obtained as a result of the person performing a function or exercising a power of the Commissioner in the following circumstances—
(a)if the disclosure is reasonably necessary for the person to perform a function or to exercise a power of the Commissioner;
(b)if the disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court or tribunal;
(c)if the disclosure is reasonably necessary for the purpose of the administration or enforcement of an order of a court or tribunal;
(d)if the disclosure is to a legal practitioner for the purpose of obtaining legal advice or representation;
(e)if the disclosure is authorised in writing by the person to whom the identifying information relates;
(f)if the disclosure is required or authorised by or under this Act or any other Act.
22Commissioner not to prejudice legal proceedings or investigations
(1)The Commissioner must not perform a function or exercise a power in a manner that would prejudice—
(a)any criminal proceeding or criminal investigation; or
(b)any civil proceeding; or
(c)an investigation by the IBAC or the Victorian Inspectorate; or
(d)any proceeding in the Family Division of the Children's Court; or
(e)any proceeding in the Coroner's Court; or
(f)any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(g)any proceeding under Part 7 of the Victoria Police Act 2013.
(2)For the purposes of ensuring compliance with subsection (1), the Commissioner may consult any of the following—
(a)the State Coroner;
(b)the Chief Commissioner of Police;
(c)the Director of Public Prosecutions;
(d)the Commissioner of the IBAC;
(e)the principal registrar of the Victims of Crime Assistance Tribunal.
Division 3—Inquiries
23Inquiries
(1)The Commissioner may carry out an inquiry on any systemic victim of crime matter.
(2)The Commissioner may carry out the inquiry—
(a)if requested to do so by any person; or
(b)on the Commissioner's own motion.
(3)A person making a request under subsection (2)(a) does not need to be a victim of crime.
24Avoiding unnecessary duplication
It is the intention of Parliament that the Commissioner in carrying out an inquiry should liaise with other investigative authorities, official bodies and statutory officers—
(a)to avoid unnecessary duplication of inquiries; and
(b)to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers.
25Report of inquiry into systemic victim of crime matter
(1)The Commissioner may provide the Attorney-General with a report of an inquiry conducted by the Commissioner into a systemic victim of crime matter.
(2)The Attorney-General on being provided with the report under subsection (1) may, with the agreement of the Commissioner—
(a)publish the report; or
(b)cause the report to be tabled in each House of Parliament.
Division 3A—Complaints about compliance with the Charter principles
25AMaking a complaint to the Commissioner
A person may make a complaint to the Commissioner in relation to an agency's compliance with the Charter principles if the person—
(a)is a victim within the meaning of the Victims' Charter Act 2006; and
(b)has first made a complaint to the agency under section 19B of the Victims' Charter Act 2006 and is dissatisfied with the agency's response to that complaint.
25BHow to make a complaint
(1)Subject to subsection (2), a complaint may be made either orally or in writing.
Note
A complaint may be made by an electronic communication within the meaning of section 3(1) of the Electronic Transactions (Victoria) Act 2000.
(2)A person who makes an oral complaint must confirm the complaint in writing as soon as practicable.
(3)The Commissioner must take all reasonable steps to assist a person who has made an oral complaint to confirm that complaint in writing.
25CTime limit for making complaint
(1)Subject to subsection (2), a complaint must be made—
(a)in the case of a complaint that concerns the failure by an agency to provide information or a document, not more than 12 months after the information or document was first sought by the person; or
(b)in any other case, not more than 12 months after the matter that is the subject of the complaint occurred.
(2)The Commissioner may accept a complaint made at a later time if the Commissioner is satisfied that there is a good reason for the delay by the person making the complaint.
25DWithdrawal of complaint
(1)A person who has made a complaint may withdraw the complaint at any time in writing.
(2)The Commissioner must take reasonable steps to assist a person to withdraw a complaint in writing.
25EInformation relating to complaint to be provided
The Commissioner may by written notice to the person who has made a complaint or the agency that is the subject of the person's complaint—
(a)request specified information relating to the complaint; and
(b)specify the time by which such information must be given to the Commissioner.
25FPreliminary assessment of complaint
(1)The Commissioner must, as soon as practicable but no later than 28 days after receiving a complaint—
(a)agree to consider the complaint; or
(b)decline to consider the complaint.
(2)The Commissioner must, not more than 14 days after agreeing to consider a complaint, give written notice of that decision and the particulars of the complaint to—
(a)the person who made the complaint; and
(b)the agency that is the subject of the complaint.
(3)The Commissioner must, not more than 14 days after declining to consider a complaint, give written notice of that decision to the person who made the complaint.
25GCertain grounds on which Commissioner may decline to consider complaint
The Commissioner may decline to consider a complaint if—
(a)the agency has not finalised its investigation of the complaint; or
(b)the Commissioner refers the matter to—
(i)the IBAC under section 26; or
(ii)another person under section 27; or
(iii)any other body, organisation, agency or entity under section 25H; or
(c)the complaint forms the basis of an investigation currently being conducted by another body, organisation, agency or entity; or
(d)the Commissioner is satisfied that the complaint—
(i)is frivolous, vexatious, misconceived, lacking in substance, or otherwise does not warrant action; or
(ii)is not made in good faith; or
(iii)is made for an improper purpose; or
(e)in the circumstances, the Commissioner is satisfied that it is appropriate to do so.
25HCommissioner may refer complaint
(1)The Commissioner may refer a complaint or part of a complaint to another body, organisation, agency or entity if the complaint raises issues that the Commissioner is satisfied would be more appropriately dealt with by that other body, organisation, agency or entity.
(2)The Commissioner must, not more than 14 days after referring a complaint or part of a complaint to another body, organisation, agency or entity, give written notice of that decision to—
(a)the person who made the complaint; and
(b)the agency that is the subject of the complaint.
25IInvestigation of a complaint
(1)If the Commissioner agrees to consider a complaint, the Commissioner must investigate the complaint.
(2)The Commissioner may—
(a)review any findings, recommendations, determinations or other decisions of the agency in relation to the complaint; and
(b)consider the agency's response to the complaint, processes for dealing with complaints, and compliance with the Victims' Charter Act 2006 and Charter principles.
(3)For the avoidance of doubt, the Commissioner must not, in investigating a complaint—
(a)review a decision involving the exercise of prosecutorial discretion; or
Examples
1 A decision to discontinue a prosecution.
2 A decision to accept a guilty plea in relation to particular charges.
(b)intervene in a way that prejudices a proceeding for a criminal offence or the investigation of a criminal offence; or
(c)interfere with the exercise of the jurisdiction of a court.
25JOutcome of investigation
(1)The Commissioner may, after investigating a complaint, recommend to the agency that is the subject of the complaint that it take any of the following actions—
(a)an apology, explanation or facilitated meeting;
(b)additional training;
(c)a change of policy;
(d)the provision of information.
(2)The Commissioner must not, in making a recommendation under subsection (1)—
(a)require or direct any party to the complaint to do any act or thing; or
(b)make a determination that is binding on any party to the complaint.
25KNotice of investigation outcome
(1)The Commissioner must, not more than 14 days after completing an investigation, give written notice of the outcome of the investigation to—
(a)the person who made the complaint; and
(b)the agency that is the subject of the complaint.
(2)The notice under subsection (1) must include—
(a)the reasons for any decision by the Commissioner to uphold or dismiss the complaint or any part of the complaint; and
(b)any recommendations made by the Commissioner under section 25J(1).
Division 4—Interaction with other agencies and referral of information
26Referral of matter to the IBAC
(1)The Commissioner may refer to the IBAC any matter that the Commissioner has become aware of in the course of the exercise of the functions of the Commissioner under this Act, that the Commissioner believes is relevant to the performance of the IBAC's functions.
(2)The Commissioner must refer to the IBAC a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner that the Commissioner reasonably believes is corrupt conduct.
27Referral of matter to other persons
(1)Subject to subsection (2), the Commissioner may refer a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner to the following persons—
(a)the Director of Public Prosecutions;
(b)the Chief Commissioner of Police;
(ba)the Victorian Legal Services Commissioner appointed under the Legal Profession Uniform Law Application Act 2014;
(c)the Ombudsman.
(2)The Commissioner must not refer a matter under subsection (1) unless the Commissioner believes it is appropriate to refer the matter to that person.
Division 5—Reporting
28Annual report
(1)The Commissioner must make a report by 30 November in each year on the performance of functions and the exercise of the powers of the Commissioner under this Act during the financial year ending on the immediately preceding 30 June.
(1A)A report made under subsection (1) must include the following—
(a)information about prescribed agencies' compliance with the Victims' Charter Act 2006 in that year;
(b)the number, type and outcome of complaints made to, and processed by, the Commissioner in that year about prescribed agencies' compliance with the Charter principles.
(2)The Commissioner must give a report made under subsection (1) to the Attorney-General.
(3)The Attorney-General must cause a copy of a report made under subsection (1) to be laid before each House of Parliament within 10 sitting days of that House after the report has been given to the Attorney-General.
29Reports to the Attorney-General
(1)The Commissioner may report to the Attorney-General any matter relating to the performance of the Commissioner's functions.
(2)The Attorney-General may cause a copy of a report referred to in subsection (1) to be laid before each House of Parliament.
29ACommissioner to review Victims' Charter Act 2006
(1)By no later than 4 November 2024, the Commissioner must commence a review of the operation of the Victims' Charter Act 2006 and its benefits for victims (within the meaning of that Act).
(2)The Commissioner must give a report of the review to the Attorney-General on or before 7 September 2025.
(3)The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of receiving that report.
30Content of reports
(1)Subject to subsection (2), the Commissioner may include identifying information in a report under section 25, 28, 29 or 29A if the person to whom the information relates has given written consent.
(2)The Commissioner must not include in a report under section 25, 28, 29 or 29A any information (whether or not it is identifying information) that the Commissioner considers would prejudice—
(a)any criminal proceeding or criminal investigation; or
(b)any civil proceeding; or
(c)an investigation by the IBAC or the Victorian Inspectorate; or
(d)any proceeding in the Family Division of the Children's Court; or
(e)any proceeding in the Coroners Court; or
(f)any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
(g)any proceeding under Part 7 of the Victoria Police Act 2013.
Part 3—Victims of Crime Consultative Committee
Division 1—Establishment and functions
31Establishment of Victims of Crime Consultative Committee
The Victims of Crime Consultative Committee is established.
32Functions of the Committee
(1)The Committee has the following functions—
(a)to provide a forum for victims of crime, justice agencies and victim of crime services to discuss improvements to policies, practices and service delivery in respect of victim of crime issues and victim of crime support services;
(b)to provide advice to the Attorney-General regarding policies, practices and reforms in respect of victim of crime issues and victim of crime support services;
(c)to promote the interests of victims of crime in the administration of the justice system;
(d)to provide advice on a matter referred to the Committee by the Attorney-General.
(2)The Committee must have regard to and act in a manner consistent with the principles of the Victims' Charter Act 2006.
Division 2—Chairperson
33Appointment of Chairperson
(1)On the recommendation of the Attorney-General, the Governor in Council may by instrument appoint an eligible person to be Chairperson of the Committee.
(2)A person is not eligible for appointment as Chairperson if the person is a member of the Parliament of Victoria or Parliament of the Commonwealth or of another State or a Territory.
34Terms of appointment of Chairperson
The Chairperson—
(a)holds office for the period, not exceeding 3 years, specified in the instrument of appointment; and
(b)is eligible for reappointment; and
(c)is entitled to the remuneration and allowances determined from time to time by the Governor in Council.
35Vacancy and resignation of Chairperson
The Chairperson ceases to hold office if the Chairperson—
(a)resigns by writing given to the Governor in Council; or
(b)becomes insolvent under administration; or
(c)is found guilty or convicted of—
(i)an indictable offence; or
(ii)an offence that, if committed in Victoria, would be an indictable offence; or
(d)is removed from office under section 36.
36Removal from office of Chairperson
The Governor in Council may remove the Chairperson from office at any time on the recommendation of the Attorney-General.
37Acting Chairperson
(1)The Attorney-General may appoint a member of the Committee to act as the Chairperson—
(a)during a vacancy in the office of the Chairperson; or
(b)during any period when—
(i)the Chairperson is absent; or
(ii)the Chairperson is for any other reason unable to perform the duties of the office.
(2)An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment.
(3)While the member is acting as the Chairperson, the member has all the powers and may perform all the duties and functions of the Chairperson.
Division 3—Membership and procedure
38Membership of the Committee
(1)The Committee consists of—
(a)the Chairperson; and
(b)the Commissioner; and
(c)the judicial members of the Committee; and
(d)a legal practitioner of the Office of Public Prosecutions nominated by the Director of Public Prosecutions; and
(e)an officer or a member of the Adult Parole Board from time to time nominated by the chairperson of the Adult Parole Board; and
(f)a police officer nominated by the Chief Commissioner of Police; and
(g)the members appointed under sections 39, 40 and 41.
(2)For the purposes of subsection (1)(c) the judicial members of the Committee are—
(a)a Judge or a reserve Judge of the Supreme Court from time to time nominated by the Chief Justice and the President of the Court of Appeal; and
(b)a judge or a reserve judge of the County Court from time to time nominated by the Chief Judge; and
(c)a magistrate or a reserve magistrate of the Magistrates' Court from time to time nominated by the Chief Magistrate; and
(d)a coroner or a reserve coroner of the Coroners Court from time to time nominated by the State Coroner; and
(e)a magistrate or a reserve magistrate of the Victims of Crime Tribunal from time to time nominated by the Chief Magistrate.
(3)If a person nominated as a member of the Committee under subsection (1)(c), (d), (e) or (f) ceases to hold the office in respect of which the nomination was made, the person ceases to be a member of the Committee.
(4)A member of the Committee is not, in respect of the member's appointment, subject to the Public Administration Act 2004.
39Members who are victims of crime
(1)The Attorney-General may appoint as members of the Committee up to 7 persons who are victims of crime.
(2)Before making an appointment under this section, the Attorney-General may call for expressions of interest for appointment to the Committee.
(3)A person appointed as a member under this section must represent the interests of all victims of crime.
(4)A person appointed as a member under this section is eligible for reappointment for one further term not exceeding 6 months.
40Member representing victim of crime services organisation
(1)On the recommendation of an organisation that provides services to victims of crime, the Attorney-General may appoint a person as a member of the Committee to represent that organisation.
(2)An appointment made under this section may be made in respect of one or more organisations.
(3)Subject to the approval of the organisation which the person was appointed to represent, a person appointed as a member under this section is eligible for reappointment.
41Appointed additional member
(1)The Attorney-General may appoint one or more persons, as an additional member of the Committee.
(2)A person appointed as a member under this section is eligible for reappointment.
42Terms and conditions of appointment of member
(1)A person's appointment as a member of the Committee under section 39, 40 or 41 is—
(a)for the period, not exceeding 3 years, specified in the instrument of appointment; and
(b)on the terms and conditions specified in the instrument of appointment.
(2)A member of the Committee appointed under section 39, 40 or 41 may be reimbursed for any expenses incidental to the member's appointment as determined from time to time by the Attorney-General.
(3)A member of the Committee appointed under section 39 is entitled to the remuneration and allowances determined from time to time by the Attorney-General.
43Cessation of appointment as member of the Committee
(1)A member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee if—
(a)the member resigns by writing given to the Attorney-General; or
(b)the member is found guilty or convicted of—
(i)an offence punishable by level 9 imprisonment; or
(ii)an offence that, if committed in Victoria, would be punishable by level 9 imprisonment; or
(c)the appointment of the member is revoked under subsection (2).
(2)The Attorney-General may revoke the appointment of a member of the Committee under section 39, 40 or 41 at any time.
44Acting member of the Committee
(1)Subject to subsection (2), if a member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee before the member's term of appointment has expired, the Attorney-General may fill the vacant position by appointing a suitably qualified person to act as a member of the Committee.
(2)The appointment of an acting member of the Committee under this section is for the remainder of the term of appointment of the member whose place the acting member fills.
Division 4—Proceedings of the Committee and conduct of members
45Proceedings of the Committee
(1)The Chairperson may at any time convene a meeting of the Committee.
(2)A meeting of the Committee convened under subsection (1) may proceed regardless of whether all the members are present.
(3)Subject to this section, the Committee may regulate its own procedure.
46Confidentiality of the Committee
(1)Subject to subsection (2), a member of the Committee must not knowingly disclose any identifying information obtained in the course of performing the member's role as a member of the Committee.
Penalty:120 penalty units.
(2)A member of the Committee, other than the Commissioner, may disclose identifying information obtained as a result of the member's appointment if the disclosure or communication is authorised in writing by—
(a)the Chairperson; and
(b)the person to whom the identifying information relates.
Note
Part 2 provides for the circumstances under which the Commissioner may disclose identifying information.
Part 4—General
47Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
Part 5—Transitional provisions
48Transitional provision—Victims and Other Legislation Amendment Act 2018
The amendments made to this Act by Part 3 of the Victims and Other LegislationAmendment Act 2018 do not apply in relation to a complaint made to an agency before the day on which that Part comes into operation.
49Transitional provision—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020
(1)The period of appointment of a person who, immediately before the amendment of section 34(a) by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, is appointed as Chairperson, is taken, on and from that amendment to be for a period of 3 years commencing from the date of appointment specified in the person's instrument of appointment.
(2)A person who, immediately before the amendment of section 42 by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, is appointed as a member under section 39, is taken, on and from that amendment—
(a)to be appointed for the period—
(i)commencing from the date of appointment specified in the person's instrument of appointment; and
(ii)ending on 16 April 2023; and
(b)is entitled to the remuneration and allowances determined from time to time by the Attorney-General from the date of appointment specified in the person's instrument of appointment.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 16 September 2015
Legislative Council: 8 October 2015
The long title for the Bill for this Act was "A Bill for an Act to establish the Victims of Crime Commissioner and the Victims of Crime Consultative Committee and for other purposes."
The Victims of Crime Commissioner Act 2015, No. 56/2015 was assented to on 27 October 2015 and came into operation on 3 February 2016: Special Gazette (No. 10) 2.2.16 p. 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victims of Crime Commissioner Act 2015 by Acts and subordinate instruments.
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Victims of Crime Commissioner Act 2015, No. 56/2015
Assent Date: 27.10.15 Commencement Date: S. 49 on 3.2.16: Special Gazette (No. 10) 2.2.16 p. 1 Note: S. 49 repealed Pt 5 (ss 48, 49) on 1.9.17 Current State: This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015
Victims and Other Legislation Amendment Act 2018, No. 42/2018
Assent Date: 11.9.18 Commencement Date: Ss 17–25 on 4.11.19: s. 2(2) CurrentState: This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015
Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020
Assent Date: 17.11.20 Commencement Date: Ss 13−17 on 18.11.20: s. 2(1) CurrentState: This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015
Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022
Assent Date: 7.6.22 Commencement Date: Ss 86–88 on 31.10.22: Special Gazette (No. 524) 4.10.22 p. 1 CurrentState: This information relates only to the provision/s amending the Victims of Crime Commissioner Act 2015
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3 Explanatory details
No entries at the date of this publication.
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