Victims getting shut out of Victoria’s justice system

Victims of crime are being shut out of Victoria’s justice system, with victim and witness consultations by the Office of Public Prosecutions falling almost 10,000 short of its annual target.

The number of victim and witness consultations by the Office of Public Prosecutions fell almost 10,000 short of its goal. Picture: David Crosling

Victims of crime are being shut out of the justice system, with damning new data showing prosecutors are failing to do enough to help them with their court cases.

The Sunday Herald Sun can reveal major concerns about victim participation in the system have prompted an urgent review by the state’s Victims of Crime Commissioner.

Latest data shows that the number of victim and witness consultations by the Office of Public Prosecutions fell almost 10,000 short of its 50,000-52,000 target.

The 42,473 consultations for 2023-24 were also significantly lower than the 45,800 from the year before.

Victims of Crime Commissioner Elizabeth Langdon said concerns had been raised with her office by victims who felt shut out of the system.

“While some victims report positive experiences, other victims have raised concerns with my office about their participation in the justice system, including their interactions with the various prosecuting agencies,” she said.

“It is essential that victims’ rights under the Victims’ Charter be upheld, including their right to be treated as a participant in the prosecution process.

“I am currently reviewing the Victims’ Charter to assess whether it is operating to benefit all victims, including how to best ensure that prosecuting agencies are meeting their Victims’ Charter obligations.”

Victims are raising concerns with Victoria’s Victims of Crime Commissioner.

Prosecuting agencies including the OPP, Victoria Police and WorkSafe are all subject to the Victims’ Charter Review.

The OPP’s Victims and Witness Assistance Service is intended to provide a specialist service to support victims and witnesses throughout the prosecution process.

Last year it prioritised assistance for victims in matters involving a death, sexual assault, and family violence, and for particularly vulnerable victims and witnesses.

Data shows almost one-fifth of consultations involved sexual offences while 22.1 per cent involved family violence.

Paul Levey, who was abused by notorious pedophile priest Gerald Ridsdale, said his experience with the justice system made him feel excluded.

“It’s just another kick in the teeth, isn’t it? They come up with all of these promises. But they all just disappear. They don’t reach out to anybody.”

Mr Levey, who was abused by Ridsdale in the 1970s, said the process of applying for compensation or support appeared to have become far more difficult.

“Since (George) Pell and Ridsdale died, the church seems to have gone on the back foot,” he said. “They’re making a lot more victims have a lot more proof … newer survivors or victims have a bit of a fight on their hands.”

Gerald Ridsdale outside a Melbourne court in 1993. Picture: Supplied

An OPP spokeswoman said the number of victim and witness consultations had reduced by 3 per cent from the year prior while overall cases were down 8 per cent.

“Accordingly the OPP considers the victim and witness consultation outcome to be a very strong reflection of our commitment to assisting victims and witnesses through the criminal justice process,” she said.

“The hearing and brief numbers in 2022-23 were particularly high as the criminal justice system worked through the Covid backlog.

“We are now seeing a return to more baseline numbers, though still above pre-Covid levels.”

The OPP has now revised its victim and witness consultation target to 34,000 – 38,000 for 2024-2025.

In a 2023 report, Silenced and Sidelined, the Victims of Crime Commissioner found the justice system was critically failing victims.

“Many victims are deterred from participating in the justice process due to the extent of trauma they see other victims experience or because they do not have enough trust in the system to report a crime,” it said.

“Around half of victims surveyed in this inquiry would not participate in the justice system again if they had a choice.”

Originally published as Victims getting shut out of Victoria’s justice system