Victims Of Crime Rights And Services Act 2006 (NT)
NORTHERN TERRITORY OF AUSTRALIA
VICTIMS OF CRIME RIGHTS AND SERVICES ACT 2006
As in force at 1 May 2022
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 May 2022
VICTIMS OF CRIME RIGHTS AND SERVICES ACT 2006
An Act to establish bodies to promote the rights of victims of criminal offences and provide services to those victims, and for related matters
This Act may be cited as the
This Act comes into operation on the date, or respective dates, fixed by the Administrator by notice in the
The objects of this Act are:
(a) to establish the Crime Victims Services Unit to promote the rights of victims, administer schemes for providing counselling and financial assistance to victims, establish and operate the Victims Register and assist victims generally; and
(b) to establish the Crime Victims Advisory Committee to advise the Minister about the interests and rights of victims and the services provided to victims; and
(c) to enable registered victims of violent criminal offences or serious sex offences, and people concerned with particular criminal offences, to be given specified information relating to the offenders who committed the offences; and
(d) to enable the Minister to issue a Charter of Victims Rights for the protection and promotion of the rights of victims and issue guidelines to assist the administration of this Act.
In this Act:
(a) if the relevant offender is a youth (as defined in section 6 of the
Youth Justice Act 2005 ) and is sentenced to a term of detention – the CEO (Youth Justice); or(b) otherwise – the Commissioner of Correctional Services.
(1) The Crime Victims Services Unit is established.
(2) The CVSU is constituted by the Director and CVSU officers.
(1) The Chief Executive Officer may in writing appoint a public sector employee to the office of Director of the CVSU.
(2) The Director must manage the operations of the CVSU and may perform any of its functions.
(3) The Director also has any other functions conferred on the Director under this or any other Act.
(4) The Director has the powers necessary or convenient for the performance of the functions of office.
(1) The Chief Executive Officer may in writing appoint public sector employees to be CVSU officers.
(2) A CVSU officer may perform the functions of the CVSU in accordance with the directions of the Director.
(3) A CVSU officer has the powers necessary or convenient for the performance of the officer’s functions.
The CVSU has the following functions:
(a) to administer the financial assistance scheme and counselling scheme;
(b) to establish and operate the register;
(c) to coordinate services provided to victims by the Territory and to promote the effective delivery of those services;
(d) to provide information to victims about other services provided to victims;
(e) to promote and oversee the operation of the charter;
(f) to assist victims to exercise their rights, including by helping them to access information about an alleged offender before and during court proceedings;
(g) to educate the community about the rights of victims;
(h) any other functions conferred on the CVSU by the Minister or under this or any other Act.
(1) The Director must, within 3 months after the end of each financial year, give the Chief Executive Officer an annual report on the operation of the CVSU for the year.
(2) The annual report must include details about the administration of the financial assistance scheme and counselling scheme and the operation of the register.
(1) The Crime Victims Advisory Committee is established.
(2) The Advisory Committee is constituted by the following members:
(a) a person who:
(i) has qualifications or experience as a legal practitioner, medical practitioner, psychologist, psychiatrist or counsellor; and
(ii) is appointed by the Minister;
(b) a person who:
(i) is a legal practitioner not employed by the Territory or Commonwealth; and
(ii) is appointed by the Minister after consulting with organisations representing the interests of legal practitioners in the Territory;
(c) a person who:
(i) is a health practitioner not employed by the Territory or Commonwealth; and
(ii) is appointed by the Minister after consulting with organisations representing the interests of health practitioners in the Territory;
(d) 2 persons, each of whom:
(i) is involved in the day-to-day operations in the Territory of an approved organisation; and
(ii) is appointed by the Minister on the recommendation of the organisation;
(e) 2 other persons appointed by the Director;
(f) the Director or a person nominated by the Director;
(g) the Commissioner of Police or a person nominated by the Commissioner;
(h) the Chief Executive Officer of the Agency primarily responsible for providing health services or community welfare services, as decided by the Minister, or a person nominated by the relevant Chief Executive Officer;
(i) 2 persons nominated by the Chief Executive Officer, of whom:
(i) one must have expertise in legal matters; and
(ii) one must have expertise in correctional services.
(3) The member mentioned in subsection (2)(a) is the chairperson.
(4) For subsection (2)(d), the Minister may approve an organisation providing counselling and assistance to victims.
(5) For subsection (2)(i), the Chief Executive Officer may be a member instead of nominating one of the persons mentioned in the subsection.
The members appointed by the Minister hold office for 2 years from the date of appointment but are eligible for re-appointment.
(1) A member may resign from office by giving the Minister a written notice of resignation.
(2) The Minister may terminate the appointment of a member:
(a) for misbehaviour or incapacity; or
(b) if the member is appointed under section 10(2)(d) and the approved organisation that recommended the appointment gives the Minister written notice that the person is no longer involved in the day-to-day operations of the organisation in the Territory.
(3) The Minister must terminate the appointment of a member who:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) becomes of unsound mind; or
(c) is convicted of an offence punishable by imprisonment; or
(d) is absent from 3 consecutive meetings of the Advisory Committee without the Minister’s consent; or
(e) ceases to hold the qualification required for appointment; or
(f) ceases to reside in the Territory.
13 Holding meetings (1) The Advisory Committee must meet when necessary, but not less than at 6 monthly intervals.
(2) The chairperson may convene meetings, by written notice to the other members, to be held at the time and place specified in the notice.
(3) If the Minister requests the chairperson to convene a meeting, the chairperson must do so.
(1) Subject to this section, the procedure at meetings of the Advisory Committee is as decided by the members.
(2) A quorum at a meeting is constituted by 7 members.
(3) The chairperson must preside at the meetings at which the chairperson is present.
(4) In the chairperson’s absence from a meeting the members present must elect a member to preside.
(5) A question arising at a meeting must be decided by a majority of votes of members present and voting.
(6) The chairperson or presiding member has only a deliberative vote and if there are equal votes on a question it is decided in the negative.
(7) The Advisory Committee must keep a record of its meetings.
A decision or act of the Advisory Committee is not invalidated merely because of any of the following:
(a) a defect in the appointment of a member;
(b) a disqualification of a member;
(c) a defect in the convening of the meeting;
(d) a vacancy in the membership.
(1) The Advisory Committee has the following functions:
(a) to advise the Minister on matters affecting the interests or rights of victims;
(b) to investigate, report and make recommendations to the Minister about matters referred to it by the Minister;
(c) to disseminate information relating to matters affecting the interests or rights of victims;
(d) to assist in the coordination of organisations involved in, and initiatives for, the provision of services to victims, including services provided by the Territory;
(e) any other functions conferred on it by the Minister or under this or any other Act.
(2) When referring a matter to the Advisory Committee for an investigation, report and recommendations, the Minister may require the report and recommendations within a specified time.
(3) The Advisory Committee has the powers necessary or convenient for the performance of its functions.
This Part applies only in relation to an offender who is sentenced to a term of imprisonment in the Territory for a relevant offence, regardless of any of the following:
(a) whether the offence was committed in the Territory or elsewhere;
(b) whether the offence was committed before the commencement of this Part;
(c) whether all or a part of the term of imprisonment is suspended;
(d) the age of the offender.
A relevant offence is:
(a) a criminal offence involving the threat or use of violence, regardless of whether the violence is threatened or used against a person; or
(aa) a serious sex offence; or
(b) in relation only to a person mentioned in section 19(2)(d) – an offence against section 213 of the Criminal Code.
(1) The following persons are eligible to be registered in relation to an offender:
(a) a person who suffers an injury as a direct result of the relevant offence (an
injured person );(b) a legal guardian of an injured person who is a child or suffers from a disability;
(c) with the approval of the Director – a concerned person.
(2) For subsection (1)(c), a concerned person is any of the following persons:
(a) a primary care-giver or family member of an injured person;
(b) a person nominated by an injured person to receive information on his or her behalf;
(c) if the relevant offence is an offence against section 211 of the Criminal Code – a person against whom the offender threatens or uses violence during the commission of the relevant offence;
(d) if the relevant offence is an offence against section 213 of the Criminal Code – a person inside the building during the commission of the relevant offence;
(e) a person on whose behalf a domestic violence order is in force under the
Domestic and Family Violence Act 2007 against the offender at the time the offender committed, or is sentenced for, the relevant offence;(f) a person against whom the offender has a history of using domestic violence;
(g) a primary care-giver or family member of a person mentioned in paragraph (e) or (f);
(h) a person who has a substantial concern with the relevant offence.
(3) In this section:
injury has the same meaning as in theVictims of Crime Assistance Act 2006 .
(1) A person may apply to the Director to be registered in relation to an offender:
(a) after the offender is sentenced for the relevant offence; and
(b) before the offender is discharged from the sentence.
(2) The application must be in the approved form and lodged at an office of the CVSU by personal or postal delivery, facsimile transmission or email.
(1) As soon as practicable (but no later than 28 days) after lodgment of an application under section 20, the Director must decide whether or not to register the applicant and give written notice of the decision to the applicant.
(2) If the offender is a child, the Director may refuse to register the applicant if satisfied the circumstances of the offender or relevant offence do not justify the applicant being registered.
(3) The notice of the decision must be in the approved form and contain the following information:
(a) if the person is registered:
(i) the role of the CVSU in operating the register; and
(ii) the rights and obligations of the registered person; and
(iii) the information the registered person is entitled to be given and particulars relating to the giving of the information; and
(iv) any other information specified by regulation;
(b) if the person is not registered – the reasons for the decision.
(4) The discharge of the relevant offender from the sentence after the application is lodged but before the Director has made a decision does not prevent the applicant from being registered.
(5) The Director must inform the appropriate authority when a person is registered and give details of the relevant offender.
(1) The CVSU must give a registered person the following information that relates to the relevant offender:
(a) the earliest possible date of release on parole and any changes to the date;
(b) the date when the Parole Board is to consider release on parole;
(c) the actual date of release on parole;
(d) the conditions of a parole order that are relevant to the registered person or relevant offence;
(e) the revocation or cancellation of a parole order;
(f) transfer to another prison or detention centre interstate or overseas;
(g) escape from the custody of the appropriate authority and any recapture;
(h) the date of release from a custodial correctional facility or detention centre under a suspended sentence order;
(i) the conditions of a suspended sentence order;
(j) the variation, revocation, cancellation or discharge of a suspended sentence order;
(ja) the date of release from a custodial correctional facility under an administrative home detention permit;
(jb) the conditions of an administrative home detention permit;
(jc) the variation, revocation, cancellation or discharge of an administrative home detention order;
(k) the actual date of discharge from a custodial correctional facility or detention centre, unless the offender is discharged from the sentence at the end of a period of release under a parole order, suspended sentence order or supervision order;
(l) any other sentence or order that affects the earliest possible date of release, period of imprisonment or period of a suspended sentence order or supervision order;
(m) if known – the locality where the offender will reside while subject to a suspended sentence order, parole order, supervision order or administrative home detention permit or after discharge from the sentence;
(n) the death of the offender;
(o) any further information specified by regulation.
(1A) If the relevant offence was a serious sex offence, the CVSU must also give a registered person notice of the following:
(a) that the
Serious Sex Offenders Act 2013 may apply in relation to the offender;(b) the making of any application or appeal under that Act in relation to the offender, other than an application made under section 23, 33, 40, 65 or 66 of that Act;
(c) whether the application or appeal is successful or unsuccessful, or is discontinued or otherwise determined;
(d) if an order is made under that Act in relation to the offender:
(i) the fact that the order has been made; and
(ii) the terms of the order (including its expiry date, if any).
Note for subsection (1A) In addition to the notification requirements in this section, under the Serious Sex Offenders Act 2013 the Director of the CVSU is required to seek submissions from a registered person when an application made under section 23, 33, 40, 65 or 66 of that Act or if an offender who is subject to a supervision order is arrested or summonsed for an alleged contravention of the order. (1B) However, the CVSU is not required to give notice under subsection (1A) to a registered person who has previously informed the CVSU that he or she does not wish to be given information of that kind.
(2) On application to the CVSU by a registered person, the CVSU must give the registered person the following information that relates to the relevant offender:
(a) transfer to another custodial correctional facility or detention centre in the Territory;
(b) the status of the security rating and any change in the status;
(c) courses or programs undertaken for rehabilitation;
(d) approved leave of absence from a custodial correctional facility or detention centre;
(e) any further information specified by regulation.
(3) Subsection (1) applies even if the registered person is entered on the register after the relevant offender has been discharged from the sentence.
(4) In this section:
administrative home detention permit , see section 132 of theCorrectional Services Act 2014 .supervision order , see section 4 of theSerious Sex Offenders Act 2013 .suspended sentence order means an order that suspends all or part of a term of imprisonment and imposes conditions on the relevant offender for the period during which the term of imprisonment is suspended.
(1) The Secretary to the Parole Board must inform the Director of the date on which the Board is to consider the release on parole of a relevant offender:
(a) if possible – at least one month before the date; or
(b) as soon as practicable before the date.
(2) The CVSU must inform a registered person of the date on which the Board is to consider the release on parole of the relevant offender:
(a) if possible – at least 28 days before the date; or
(b) as soon as practicable before the date.
24 Registered person may make submission to Parole Board (1) A registered person may make a written submission to the Parole Board about a relevant offender to be considered for release on parole.
(2) Subsection (1) does not prevent the Parole Board from receiving submissions from any other person.
(1) The appropriate authority must inform the CVSU about a matter mentioned in section 22(1) or (1A) as soon as practicable after the authority becomes aware of the matter.
(2) The appropriate authority must inform the CVSU about a matter mentioned in section 22(2) as soon as practicable after the CVSU requests the information.
Despite anything to the contrary in this Part, the CVSU is not obliged to give information to a registered person if the Director reasonably considers the information should not be given.
(1) A registered person must give the CVSU the information required by regulation.
(2) A registered person must also sign a confidentiality agreement as required by regulation.
A registered person may be removed from the register as specified by regulation.
(1) A person must not disclose information about a registered person or offender given or received under this Part except:
(a) as provided under this Part; or
(b) with the consent of the registered person or offender about whom the information is disclosed; or
(c) for court proceedings; or
(d) for any other lawful reason.
Maximum penalty: If the offender is a natural person – 400 penalty units or imprisonment for 2 years.
If the offender is a body corporate – 2 000 penalty units.
(2) A reference in subsection (1) to a person includes a reference to the Director, a CVSU officer, a registered person and an offender.
(1) The Minister may issue a Charter of Victims Rights.
(2) The charter is to establish principles about the way in which victims are to be treated in the justice system and may provide for any other matters relevant to the rights of victims.
(1) The Minister may issue guidelines, consistent with this Act and the Regulations, relating to the performance of functions under this Act.
(2) A person performing functions under this Act must have regard to the guidelines.
(1) This section applies to a person who is or has been:
(a) the Director; or
(b) a CVSU officer; or
(c) the Commissioner of Correctional Services; or
(ca) the CEO (Youth Justice); or
(d) the Secretary to the Parole Board.
(2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act.
(3) Subsection (2) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
The following persons may delegate to a person any of their powers or functions under this Act:
(a) the Minister;
(b) the Director;
(c) the Commissioner of Correctional Services;
(d) the CEO (Youth Justice).
The Administrator may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In this Part:
The
A member (including the Chairman) under the repealed Act continues to hold office as a member of the Advisory Committee for the remainder of the term of the member’s appointment under the repealed Act.
An organisation approved under section 4(2) of the repealed Act is taken to be an approved organisation.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 18 May 2006 |
Commenced | pt 4: 1 January 2008 ( |
Assent date | 12 December 2007 |
Commenced | 1 July 2008 ( |
Assent date | 20 May 2010 |
Commenced | 1 July 2010 ( |
Assent date | 3 May 2013 |
Commenced | 1 July 2013 ( |
Assent date | 4 September 2014 |
Commenced | 9 September 2014 ( |
Assent date | 10 March 2017 |
Commenced | 12 April 2017 ( |
Assent date | 30 October 2017 |
Commenced | 5 January 2018 ( |
Assent date | 14 April 2022 |
Commenced | pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022) |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 3 amd No. 9, 2013, s 130
s 4 amd No. 9, 2013, s 131; No. 27, 2014, s 57; No. 4, 2017, s 34; No. 19, 2017, s 39; No. 6, 2022, s 16
s 10 amd No. 6, 2022, s 17
s 18 amd No. 9, 2013, s 132
s 19 amd No. 34, 2007, s 146
s 21 amd No. 27, 2014, s 57; No. 19, 2017, s 39
s 22 amd No. 9, 2013, s 133; No. 27, 2014, s 57; No. 19, 2017, s 39
s 25 amd No. 9, 2013, s 134; No. 27, 2014, s 57; No. 19, 2017, s 39
s 29 amd No. 12, 2010, s 3
ss 32 – 33 amd No. 27, 2014, s 57; No. 19, 2017, s 39
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