Victims to get new rights under revised charter as crime spikes

Victims of crime could get more say over police and prosecution decisions under Victoria’s first review of legislated protections that victims say have not significantly improved the culture of the system after 18 years of operation.

The Victims of Crime Commission will consult on how to overhaul the charter for the first time since its introduction in 2006, as new statistics show the number of crime incidents of crime is at its highest level since records began in 2004.

Victims of Crime Commissioner Elizabeth Langdon.Credit: Wayne Taylor

The Victims’ Charter sets out 17 principles guiding the way that people affected by crime should be treated. These include being treated with courtesy, dignity and respect, that their needs are responded to with timely information to help them participate, and that they are safe in the court.

But there could be too many, too few, poorly worded or out of date principles that Commissioner Elizabeth Langdon – who took on the role for a five-year term in August – will seek to renew after hearing from victims, their families and workers in the sector and agencies.

“It was groundbreaking at the time,” Langdon said. “What would a modern-day charter look like for modern-day issues?”

Consultation documents show the review could recommend specific entitlements for victims of sexual violence, and asks whether victims should in some cases have the right to seek an independent review of police or prosecution decisions – for example, if a prosecution is abandoned.

The commission’s 2023 report Silenced and Sidelined found victims still felt they were not consulted on prosecution decisions and were missing out on making victim impact statements, particularly in the Magistrates’ Court.

“If victims of crime are not provided this opportunity, it is absolutely in scope of this review to make recommendations to government on how to improve this,” Langdon said.

Just 36 per cent of relevant agencies had provided specific training on the charter to new staff, and three-quarters of victims felt unsafe in the courtroom, the 2023 report found.

“[That report] found little evidence of significant cultural change in victims’ treatment, despite victims being recognised in the Victims’ Charter as participants,” the new consultation documents says. “Victims overwhelmingly felt there had been little change to their treatment. Many stakeholders concurred.”

Langdon said it was particularly concerning for her that victims were often not aware of their rights under the charter, which made identifying breaches more difficult.

She said victims did not always receive timely and relevant information, such as for referrals and services to help them to navigate the system, and on the progress of an investigation or prosecution and the outcome for bail.

“People might have felt that they can’t remember what they were told, or it was a difficult time to receive a lot of information,” Langdon said.

But she said this had improved since the charter’s introduction in 2006, along with understandings of family violence, the safety of victims in the court and trauma-informed practices.

Before her appointment in August, Langdon acted as health complaints commissioner, was the chief executive of the royal commission on Crown casino, and was the deputy commissioner of the Victorian Public Sector Commission.

The Victims of Crime Commission survey runs until March, and the commission will provide its recommendations to government next September.

The Crime Statistics Agency revealed on Thursday incidents of crime had reached the highest level since records began in Victoria.

Domestic violence reached an all-time high, up 10.4 per cent in the year to more than 100,000 incidents. Crimes committed by children also hit a 15-year peak, up 16.9 per cent in the year.

Over the 12 months to September, there were 578,762 individual crimes recorded, up 13.4 per cent on the previous year, and more than 431,683 criminal incidents (a single incident can include multiple criminal offences), an all-time high.

However, criminal incidents have been higher per person in previous years, including in 2020, 2019 and 2016. Victoria’s population grew 2.7 per cent in the year to more than 7 million.

Incidents of theft increased the most. There were 25,773 car thefts recorded, the highest since 2003. Groceries, vitamins and cosmetics were also targeted. There were 10,000 more incidents of retail store theft, a 36.6 per cent rise on last year.

Victoria Police Deputy Commissioner Neil Paterson said: “With inflation, cost-of-living pressures and high interest rates, it’s driving record levels of alcohol and grocery theft.”

Premier Jacinta Allan said it was clear the cost of living was having an impact, but that the government’s focus was “always on supporting victims of crime”.

Opposition crime prevention and police spokesperson Brad Battin said the rise in crime was due to the government cutting the community crime prevention budget and failing to come to an agreement with the police union over a new enterprise bargaining agreement.

With Angus Delaney

List of consultation questions

1. How can awareness of the Victims’ Charter be improved amongst victims and agencies? What role should justice agencies, victims’ services, the Department of Justice and Community Safety and the Victims of Crime Commissioner play in raising awareness?
2. Has the Victims’ Charter been effective in delivering positive outcomes for victims such as changes in attitudes or changes to specific practices? If so, can you provide practical examples of this?
3. What change/s do you think could be made to the Victims’ Charter to drive cultural change?
4. How could the Victims’ Charter be made more accessible and clearer for victims?
5. Do the Victims’ Charter purpose and objects meet contemporary expectations regarding trauma, intersectionality, diversity and the need for cultural safety?
6. Do the principles relating to respectful and special treatment in the Victims’ Charter need amendment?
7. Do the principles relating to information and referral in the Victims’ Charter need amendment?
8. Do the principles relating to victim protection in the Victims’ Charter need amendment?
9. Do the principles relating to victim participation in the Victims’ Charter need amendment?
10. Does the Victims’ Charter need fewer, more or different principles?
11. Do you have any suggestions on how the Victims’ Charter could remain relevant and reflective of victims’ entitlements but easy to navigate?
12. Are the definitions in the Victims’ Charter still relevant and appropriate?
13. Should all principles in the Victims’ Charter apply equally to all victims regardless of crime type? How might this impact on the administration of justice (positively or negatively?)
14. Should all principles in the Victims’ Charter have a responsible agency? How might this impact victims and / or agencies?
15. Should the Victims’ Charter be amended to clarify its applicability to non-judicial court staff and judicial officers? How might this impact on the administration of justice (positively or negatively?)
16. Should the Victims’ Charter or the VOCC Act be amended to improve the Victims’ Charter complaints process? If so, how?
17. Should the Victims’ Charter and the VOCC Act be amended to provide for: more informal resolutions mechanisms; other mechanisms like conciliation or restorative justice pathways?
18. Should the Victims’ Charter set out the role of the VOCC to make it clear the Victims’ Charter is monitored by the VOCC? Why / why not?
19. Should the Victims’ Charter be amended to remove the requirement for the Secretary of the Department of Justice to monitor, evaluate and review the operation of the Charter and to require the Attorney-General to report on the operation of the Victims’ Charter annually? Why / why not?
20. What regulatory powers are appropriate for Victims’ Charter compliance?
21. Should the Victims’ Charter be amended to include a specific right to be told about the Victims’ Charter and the rights or entitlements within? How might this impact on victims and agencies (positively or negatively?)
22. Should courts have a role to play in upholding Victims’ Charter principles? If so, how? How might this impact on the administration of justice (positively or negatively?)
23. Should the Victims’ Charter include a right for victims to have certain police and prosecution decisions reviewed after internal avenues are exhausted? How might this impact on the administration of justice (positively or negatively?)
24. Should any new justice legislation be required to have an accompanying Statement of Compatibility with the Victims’ Charter? How might this impact on the policy development and legislative reform processes (positively or negatively?)
25. Should victims of crime have greater access to independent legal assistance to help victims be aware of their Victims’ Charter entitlements and help enforce entitlements in real time? How might this impact on the administration of justice (positively or negatively?) Victims of Crime Commissioner Consultation Paper
26. Should victims have rights to seek legal remedies outside the complaints process? Would the Commissioner, VCAT or another body have a role to play?How might this impact on the administration of justice (positively or negatively?)
27. Are some Victims’ Charter principles more suited to being articulated as guiding principles and others more suited to becoming ‘rights’ (using mandatory language)?