Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SCHEDULE 1AA

SCHEDULE 1AA – Charter of victims’ rights

Part 1 - Rights of victims

Division 1 - General rights

Note—

For this division,
"victim" includes a victim of domestic violence that is not a crime. See section 5 (5) of this Act.

1 A victim will be treated with courtesy, compassion, respect and dignity, taking into account the victim’s needs.

2 A victim’s personal information, including the victim’s address and telephone number, will not be disclosed unless authorised by law.

3 A victim will be informed at the earliest practicable opportunity about services and remedies available to the victim.

Division 2 - Rights relating to the criminal justice system

1 A victim will be informed about the progress of the investigation of the crime, unless informing the victim may jeopardise the investigation. If the investigation may be jeopardised, the victim will be informed accordingly.

2 A victim will be informed of each major decision (including the reasons for the decision) made about the prosecution of a person accused of committing the crime, including decisions about any of the following matters—

(a) the charges brought against the accused;

(b) not bringing charges, or substantially changing the charges, against the accused;

(c) accepting a plea of guilty to a lesser or different charge.

3 A victim will be informed of the following matters—

(a) the name of a person charged with an offence in relation to the crime;

(b) the issue of a warrant for the arrest of a person accused of committing the crime;

(c) details of relevant court processes, including when the victim may attend a court proceeding and the date and place of a hearing of a charge against the accused;

Example of a relevant court process—

an application for bail made by the accused

(d) details of any diversionary programs available to the accused in relation to the crime;

(e) the outcome of a criminal proceeding against the accused, including the sentence imposed and the outcome of an appeal.

4 A victim will be informed about the outcome of a bail application made by the accused and any arrangements made for the release of the accused, including any special bail conditions imposed that may affect the victim’s safety or welfare.

5 If a victim is a witness at the accused’s trial, the victim will be informed about the trial process and the victim’s role as a witness.

6 During a court proceeding, the victim will be protected from unnecessary contact with, or violence or intimidation by, the accused, defence witnesses and family members and supporters of the accused.

7 A victim may make a victim impact statement under the Penalties and Sentences Act 1992 for consideration by the court during sentencing of a person found guilty of an offence relating to the crime.

8 A victim’s property held by the State for an investigation or as evidence will be returned to the victim as soon as possible.

Division 3 - Complaints

Note—

For this division,
"victim" includes a victim of domestic violence that is not a crime. See section 5 (5) of this Act.

1 A victim may make a complaint about a contravention of a right under this charter, and will be given information about the procedure for making a complaint, under chapter 2 of this Act.

Part 2 - Rights of eligible persons

1 An eligible person in relation to an offender will be kept informed of the following matters—

(a) the offender’s period of imprisonment or detention;

(b) the transfer of the offender to another facility;

(c) the escape of the offender from custody or whether the offender is unlawfully at large.

2 An eligible person will be given the opportunity to make written submissions to the parole board under the Corrective Services Act 2006 about granting parole to the offender.