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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Victims of Crime (Victims Rights) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Victims
of Crime Act 2001
.
Contents
Part 2—Amendment of Victims of Crime
Act 2001
3Amendment of section
3—Objects
4Amendment of section 5—Reasons for
declaration and its effect
5Amendment of section 6—Fair and dignified
treatment
6Amendment of section 8—Right to
information
7Amendment of section 9—Victim to be
advised on role as witness
9Amendment of section 11—Victim to be
informed about access to health and welfare services
10Amendment of section 12—Rights in
relation to compensation and restitution
11Amendment of section 13—Return of
property
12Amendment of section 14—Protection of
privacy
13Amendment of section 16—Commissioner for
Victims' Rights
14Amendment of section 16A—Powers of the
Commissioner
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Victims of Crime (Victims Rights) Amendment
Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Victims of Crime
Act 2001
3—Amendment
of section 3—Objects
Section 3—after paragraph (a) insert:
(ab) to give victims of crime rights within the criminal justice system;
and
4—Amendment
of section 5—Reasons for declaration and its effect
(1) Section 5(1)—after "officials" insert:
and to recognise victims as legitimate participants in the criminal justice
process
(2) Section 5(4)—delete "practicable" and substitute:
possible
5—Amendment
of section 6—Fair and dignified treatment
Section 6—delete "should" and substitute:
must
6—Amendment
of section 8—Right to information
(1) Section 8(1), (2) and (4)—delete "should be informed, on
request," wherever occurring and substitute in each case:
must be informed
(2) Section 8—after subsection (4) insert:
(5) Information required to be provided to victims under this section need
not be provided to victims who have indicated that they do not wish to receive
the information.
7—Amendment
of section 9—Victim to be advised on role as witness
(1) Section 9(1)—delete "should" and substitute:
must
(2) Section 9(2)—delete "should be given (if practicable)" and
substitute:
must be given (if possible)
8—Amendment
of section 9A—Victim of serious offence entitled to be consulted in
relation to certain decisions
(1) Section 9A—delete "should" and substitute:
is entitled to
(2) Section 9A—after its present contents (now to be designated as
subsection (1)) insert:
(2) If a victim of a serious offence is entitled to be consulted about a
decision under subsection (1), the relevant prosecution authority must not act
on such a decision until—
(a) the victim indicates consent to the decision; or
(b) if the victim does not indicate consent to the decision—all
rights under this section have been exhausted or have expired.
(3) A victim of a serious offence may be accompanied by an appropriate
representative (within the meaning of section 32A) during any consultation with
a prosecuting authority undertaken under subsection (1).
(4) If a victim of a serious offence is not consulted before the making of
a decision in accordance with subsection (1), the victim may, within 7 days
after being informed about the decision, notify the Commissioner of that fact,
and request that the Commissioner apply to the court before which the alleged
offender is to be tried for a stay of the proceedings until such consultation
has occurred.
(5) If a victim does
not consent to a decision under this section, the victim may furnish the court
before which the alleged offender is to be tried or sentenced with a statement
of that fact, and such a statement must comply with and be furnished in
accordance with the rules of court.
(6) A copy of a statement furnished to a court under
subsection (5)
must be provided to the Commissioner and the Commissioner must, in the
report under section 16F, specify the number of statements furnished to the
court during the year to which the report relates.
9—Amendment
of section 11—Victim to be informed about access to health and welfare
services
Section 11—delete "should" and substitute:
must
10—Amendment
of section 12—Rights in relation to compensation and
restitution
Section 12—delete "should" wherever occurring and substitute in each
case:
must
11—Amendment
of section 13—Return of property
Section 13—delete "should, if practicable" and substitute:
must, if possible
12—Amendment
of section 14—Protection of privacy
(1) Section 14(1), (2) and (3)—delete "should" wherever occurring
and substitute in each case:
must
(2) Section 14(4)—delete "should" and substitute:
may
13—Amendment
of section 16—Commissioner for Victims' Rights
Section 16(3)(e)—delete "another" and substitute:
this or any other
14—Amendment
of section 16A—Powers of the Commissioner
(1) Section 16A(1)—delete subsection (1) and substitute:
(1) A public agency or official must, if requested to do so by the
Commissioner—
(a) consult with the Commissioner regarding steps that may be taken by the
agency or official to further the interests of a particular victim, class of
victim or victims in general; and
(b) consult with the Commissioner regarding the exercise of victims'
rights under Part 2; and
(c) provide to the Commissioner information that Commissioner considers
necessary for the exercising of the Commissioner's functions and powers under
this or any other Act.
(1a) If a victim of a serious offence notifies the Commissioner that the
victim has not been consulted in relation to a decision in accordance with
section 9A, the Commissioner may, if satisfied that it would be reasonable to do
so, apply to the court before which the alleged offender is to be tried for a
stay of the proceedings until such consultation has occurred.
(2) Section 16A(2)(a)—delete "in circumstances where such compliance
would have been practicable"