The purposes of this Act are—
to recognise principles that govern the response to persons adversely affected by crime by investigatory agencies, prosecuting agencies and victims' services agencies; and
to establish requirements for the monitoring and review of the principles set out in this Act.
This Act comes into operation on 1 November 2006.
In this Act—
Charter principles means the principles set out in Part 2;
criminal offence means an offence, or a series of related offences, committed at any time, whether or not a person has been accused or convicted of that offence, and in relation to a victim, is the offence that gave rise to the injury suffered by the victim;
S. 3(1) def. of detention order inserted by No. 91/2009 s. 219(Sch. 3 item 6.1), substituted by No. 27/2018 s. 371(1)(a).
detention order means a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018;
S. 3(1) def. of domestic partner repealed by No. 52/2008 s. 267(1).
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S. 3(1) def. of DPP inserted by No. 42/2018 s. 3(a).
DPP means the Director of Public Prosecutions for Victoria;
S. 3(1) def. of emergency detention order inserted by No. 27/2018 s. 371(1)(b).
emergency detention order means an emergency detention order within the meaning of the Serious Offenders Act 2018;
S. 3(1) def. of extended supervision order inserted by No. 21/2008 s. 25(3).
extended supervision order means an extended supervision order within the meaning of the Serious Sex Offenders Monitoring Act 2005 or an interim extended supervision order within the meaning of that Act;
S. 3(1) def. of family member repealed by No. 52/2008 s. 267(1), new def. of family member inserted by No. 52/2008 s. 267(2).
family member has the meaning given by section 8(1) and (2) of the Family Violence Protection Act 2008;
injury means—
actual physical bodily injury; or
mental illness or disorder or an exacerbation of a mental illness or disorder, whether or not flowing from nervous shock; or
pregnancy; or
grief, distress or trauma or other significant adverse effect; or
loss or damage to property; or
any combination of matters referred to in paragraphs (a), (b), (c), (d) and (e);
S. 3(1) def. of investigatory agency amended by No. 37/2014 s. 10(Sch. item 175.1(b)).
investigatory agency means—
a police officer; or
a person authorised by an enactment to investigate a criminal offence;
S. 3(1) def. of person adversely affected by crime amended by No. 32/2024 s. 846.
person adversely affected by crime means—
a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or
a natural person who has suffered injury as a direct result of conduct, whether or not that injury was reasonably foreseeable by the person who engaged in the conduct, if the conduct—
was engaged in by a child who was under 14 years of age at the time of engaging in the conduct; and
if engaged in by a person who is 14 years of age or over, would constitute a criminal offence; or
Notes
a family member of an affected person referred to in paragraph (a) or (ab); or
a witness to a criminal offence or conduct described in paragraph (ab);
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 175.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 53(1), substituted by No. 27/2018 s. 371(1)(c).
Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;
S. 3(1) def. of prosecuting agency amended by Nos 37/2014 s. 10(Sch. item 175.1(c)), 42/2018 s. 3(b).
prosecuting agency means—
the DPP; or
a police officer; or
a person authorised to bring proceedings for a criminal offence against an enactment;
S. 3(1) def. of relative inserted by No. 52/2008 s. 267(2).
relative has the meaning given by section 10 of the Family Violence Protection Act 2008;
Secretary means the Secretary to the Department of Justice;
S. 3(1) def. of sentence indication inserted by No. 1/2022 s. 116.
sentence indication means a sentence indication under section 207 of the Criminal Procedure Act 2009;
S. 3(1) def. of supervision order inserted by No. 91/2009 s. 219(Sch. 3 item 6.1), amended by No. 27/2018 s. 371(1)(d).
supervision order means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;
S. 3(1) def. of victim amended by Nos 7/2014 s. 5(3), 5/2018 s. 21, 32/2024 s. 847.
victim means—
a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or
a natural person who has suffered injury as a direct result of conduct, whether or not that injury was reasonably foreseeable by the person who engaged in the conduct, if the conduct—
was engaged in by a child who was under 14 years of age at the time of engaging in the conduct; and
if engaged in by a person who is 14 years of age or over, would constitute a criminal offence; or
Notes
if a person has died as a direct result of a criminal offence committed against that person, a family member of that person; or
if a person has died as a direct result of conduct described in paragraph (ab), a family member of the deceased person; or
a family member of a victim referred to in paragraph (a) or (ab), if the victim is—
under 18 years of age; or
incapable of managing their own affairs because of mental impairment; or
in the case of an offence against section 49M of the Crimes Act 1958 (grooming for sexual conduct with a child under the age of 16), the child and a family member of that child;
victims' services agency means—
an entity established under an enactment that is responsible for the provision of services to persons adversely affected by crime; or
a public official within the meaning of the Public Administration Act 2004 who is responsible for the provision of services to persons adversely affected by crime; or
an entity that is publicly funded to provide services to persons adversely affected by crime.
S. 3(2) repealed by No. 52/2008 s. 267(3).
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The objects of this Act are—
to recognise the impact of crime on the victims of that crime, including the impact on members of victims' families, witnesses to the crime and in some cases, the broader community;
S. 4(1)(ab) inserted by No. 32/2024 s. 848(1).
to recognise the impact of conduct on the victims of that conduct, including the impact on victims' family members, witnesses to the conduct and in some cases, the broader community, if the conduct—
was engaged in by a child who was under 14 years of age at the time of engaging in the conduct; and
if engaged in by a person who is 14 years of age or over, would constitute a criminal offence;
Notes
S. 4(1)(b) amended by No. 32/2024 s. 848(2).
to recognise that all persons adversely affected by crime, regardless of whether they report the offence or conduct described in paragraph (ab), should be treated with respect by all investigatory agencies, prosecuting agencies and victims' services agencies and should be offered information to enable them to access appropriate services to help with the recovery process;
S. 4(1)(ba) inserted by No. 42/2018 s. 4.
to recognise that a victim of crime has an inherent interest in the response by the criminal justice system to that crime, giving rise to the rights and entitlements set out in this Act, and to acknowledge the victim's role as a participant, but not a party, in proceedings for criminal offences;
to help reduce the likelihood of secondary victimisation by the criminal justice system.
The objects referred to in subsection (1) are based on the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly of the United Nations by resolution 40/34 of 29 November 1985.
S. 5(1) amended by No. 32/2024 s. 849(1).
A victim may nominate a person to be the victim's representative for the purposes of this Act, and if a representative is nominated the representative is to be provided with information that, in accordance with the Charter principles, is required to be provided to the victim.
S. 5(2) substituted by No. 32/2024 s. 849(2).
The family members of a person may nominate one or more family members to be the representative of the family for the purposes of this Act, if the person has more than one family member and that person has died or suffered injury as a direct result of—
a criminal offence committed against the person; or
conduct that—
was engaged in by a child who was under 14 years of age at the time of engaging in the conduct; and
if engaged in by a person who is 14 years of age or over, would constitute a criminal offence.
Notes
Pt 2 (Heading) amended by No. 42/2018 s. 5.
All persons adversely affected by crime are to be treated with courtesy, respect and dignity by investigatory agencies, prosecuting agencies and victims' services agencies.
Investigatory agencies, prosecuting agencies and victims' services agencies are to take into account, and be responsive to, the particular needs of persons adversely affected by crime, particularly needs relating to differences such as—
race or indigenous background;
sex or gender identity;
cultural or linguistic diversity;
sexual orientation;
disability;
religion;
age.
Investigatory agencies, prosecuting agencies and victims' services agencies—
are to provide clear, timely and consistent information about relevant support services, possible entitlements and legal assistance available to persons adversely affected by crime; and
if appropriate, are to refer persons adversely affected by crime to relevant support services and to entities that may provide access to entitlements and legal assistance.
S. 7A inserted by No. 42/2018 s. 6.
Investigatory agencies, prosecuting agencies and victims' services agencies are to—
respect the rights and entitlements of victims as participants in proceedings for criminal offences; and
so far as is reasonably practicable, take into account, and be responsive to, the particular needs of victims living in rural and regional locations.
S. 7B inserted by No. 42/2018 s. 6.
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