South Australian Current Acts

VICTIMS OF CRIME ACT 2001 - SECT 8

8—Right to information

        (1)         A victim should be informed, on request, about the following:

            (a)         the progress of investigations into the offence;

            (b)         the charge laid and details of the place and date of proceedings on the charge;

            (c)         if a person has been charged with the offence—the name of the alleged offender ¹ ;

            (d)         if an application for bail is made by the alleged offender—the outcome of the application;

            (e)         if the prosecutor decides not to proceed with the charge, to amend the charge, or to accept a plea to a lesser charge or agrees with the defendant to make or support a recommendation for leniency—the reasons for the prosecutor's decision;

            (f)         the outcome of the proceedings based on the charge and of any appeal from those proceedings;

            (g)         details of any sentence imposed on the offender for the offence;

            (ga)         details of any order made by a court on declaring the offender to be liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 ;

            (h)         if the offender is sentenced to imprisonment and later makes an application for release on parole—the outcome of the proceedings and, in particular, any condition imposed to protect the victim from the offender;

                  (i)         if the offender is subject to a supervision order under Part 8A of the Criminal Law Consolidation Act 1935 and the offender, or any other person, later makes an application for variation or revocation of the order or an application for review of the supervision order is made—the outcome of the proceedings and, in particular, if the offender is released on licence, any conditions imposed on the licence.

        (2)         A victim should be informed, on request, about the following:

            (a)         if the alleged offender absconds before trial—the fact that he or she has absconded;

            (b)         if the offender escapes from custody—the fact that he or she has escaped;

            (c)         if the offender, having escaped from custody, is returned to custody—the fact that he or she has been returned to custody;

            (d)         if the release of the offender into the community is imminent—details of when the offender is to be released;

            (e)         if the offender was ordered to undertake community service—whether the offender completed the community service;

            (f)         if the offender was subject to a bond—whether the conditions of the bond were complied with.

        (3)         However, a victim is not entitled to information that might jeopardise the investigation of an offence.

        (4)         A victim should be informed, on request, about procedures that may be available to deal with a grievance the victim may have for non-recognition or inadequate recognition of the victim's rights under this Part.

Note—

1         Section 64 of the Young Offenders Act 1993 provides a mechanism for exercising this right in relation to a young offender.