Victims’ Commissioner and Sexual Violence Review Board Act 2024

section 5

affected victim see section 38.

appointed member, of the board, see section 69(1).

board means the Sexual Violence Review Board established under section 61.

chairperson means the chairperson of the board under section 68.

commissioner means the Victims’ Commissioner appointed under section 14.

complainant, for chapter 3, see section 45(2).

complaint means a complaint made under chapter 3, part 3, about conduct engaged in by a prescribed person when dealing with an affected victim.

confidential information—

means personal information about a person or other information of a confidential nature; but

does not include—

information that is publicly available; or

statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.

criminal history, for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

criminal offence, against a person, includes a criminal offence alleged to have been committed against the person.

dependant, of a person, means—

another person who is entirely or substantially dependant on the person’s income; or

if the person has died because a criminal offence or relevant offence is committed against the person—

a person who was entirely or substantially dependant on the person’s income when the person died; or

a person who would have been entirely or substantially dependant on the person’s income if the person had not died, including a child of the person who is born after the person’s death.

director of public prosecutions means the director under the Director of Public Prosecutions Act 1984.

disclose, for chapter 5, part 1, in relation to information, includes give access to the information.

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

eligible person, in relation to another person, for schedule 1, means—

if the other person is a prisoner under the Corrective Services Act 2006—an eligible person in relation to the prisoner within the meaning of that Act; or

if the other person is a child detained in a detention centre under the Youth Justice Act 1992—an eligible person in relation to the child within the meaning of that Act.

evidentiary material, about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—

a summary of the circumstances of the alleged offence prepared by a police officer;Examples—

bench charge sheet, QP9

a witness statement;

an indictment;

a recording within the meaning of the Evidence Act 1977, section 21AY;

a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977, schedule 3;

a recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977, section 103A;

a report by an expert about a person alleged to have committed the offence;

a statement or other information provided by a victim;Example—

a victim impact statement within the meaning of the Penalties and Sentences Act 1992, section 179I

any reasons for a decision in relation to—

an action taken during an investigation or prosecution of an offence; or

whether a person is charged with an offence.

family member, of a person, means—

the person’s spouse; or

the person’s child; or

the person’s parent; or

the person’s brother, sister, stepbrother or stepsister; or

a person who, under Aboriginal tradition or Island custom, is regarded as a person mentioned in paragraph (a), (b), (c) or (d).

government entity means any of the following—

a public sector entity under the Public Sector Act 2022;

the director of public prosecutions;

the police service.

harm see section 6.

information includes a document.

non-government entity means an entity funded by the Commonwealth or the State to provide services to affected victims as its primary function.

notice means a written notice.

office means the Office of the Victims’ Commissioner established under section 25.

parent see the Victims of Crime Assistance Act 2009, schedule 3.

personal information see the Information Privacy Act 2009, section 12.

police service means the Queensland Police Service under the Police Service Administration Act 1990.

prescribed entity means any of the following—

the chief executive of a public sector entity under the Public Sector Act 2022;

the director of public prosecutions;

the police commissioner;

an entity funded by the Commonwealth or the State that provides services to victims as its primary function.

prescribed person, for chapter 3, see section 40.

protected information means information that is—

a person’s criminal history; or

information which must not be disclosed under the Child Protection Act 1999, chapter 6, part 6, division 2, subdivision 1; or

confidential information within the meaning of the Director of Public Prosecutions Act 1984, section 24A; or

sensitive evidence within the meaning of the Criminal Code, section 590AF; or

a recording within the meaning of the Evidence Act 1977, section 21AY; or

a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977, schedule 3; or

a recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977, section 103A; or

subject to an order of a court or tribunal that prohibits sharing or exchanging the information.

relevant offence, for chapter 3 and schedule 1, see section 39.

sexual offence—

means an offence of a sexual nature, including, for example—

attempt to commit rape; and

rape; and

assault with intent to commit rape; and

an offence defined in the Criminal Code, section 352; and

indecent treatment of children under 16; and

includes an offence of a sexual nature alleged to have been committed against a person.

victim see section 6.

victims charter see section 41.