Word Count: 1048

VICTIMS’ CHARTER ACT 2006 (VIC)

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 CONTENTS PAGE

I CURRENT POLICY....................................................................................................... 3

II NEED FOR CURRENT POLICY ................................................................................... 3

III STRENGTHS AND WEAKNESSES .............................................................................. 4

A NOTHING NEW ............................................................................................................. 4

B NO REPERCUSSIONS ................................................................................................... 4

1 Complaints ............................................................................................................ 5

IV REFERENCES .............................................................................................................. 6

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 I CURRENT POLICY

The Victims’ Charter Act 2006 (Vic) (‘the Charter) was introduced by the Bracks’
Government to create “a framework for system-wide reforms that recognise and
promote the rights of victims of crime” (Victoria 2006, p. 2047). The Charter
establishes 12 general principles which governs the relationship between victims of
crime and the criminal justice system and its victim support agencies. The Charter
provides victims with legal recognition of the impact of crime upon them, and to ensure
they are “treated with courtesy, respect and respect” (Victims’ Charter Act 2006 (Vic)
s 6). The principles contained within the Charter are based on the United Nations
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
which is a result of an increased global focus on the treatment and dissatisfaction of
victims who came into contact with the criminal justice system (VLRC 2015, p. 154).

II NEED FOR CURRENT POLICY

Victims of crime can experience secondary victimisation through the criminal justice
process (Victoria 2006, p. 2045). The criminal justice system can exacerbate the
psychological impact of the criminal act (Doak 2008, p. 51). Victims desire fair and
just outcomes which can be achieved through understanding the procedures of the
criminal justice system; validation that their reports are believed; an opportunity to
voice their experience; and to be included in the decision-making process (Clark 2010,
p. 30). Without these elements, the criminal justice system can have a detrimental
impact on the victims’ recovery and may hinder their willingness to report future
offending and to reengage in the criminal justice process (Victoria 2006, p. 2045).
Victims’ have an integral role in criminal proceedings and the state’s ability to
prosecute alleged offenders. The actors within the criminal justice system need to
shift the way they understand, treat and interact with victims. The VLRC (2015, p. 37)
has highlighted the need for a cultural change throughout the criminal justice system.
Legislative and procedural changes have had a limited impact in improving the victims’
experience but are seen has having a vital role in the required cultural shift (VLRC
2015, p. 37).

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 III STRENGTHS AND WEAKNESSES
A Nothing new

The Charter did not implement any new entitlements or rights for victims of crime
(Victoria 2006, p. 2046). Rather, it created a single framework to access existing rights
and entitlements that were spread across various existing legislation. The then
Shadow Attorney-General Andrew McIntosh (2006) was critical of the Charter, saying
it “merely restates the existing body of law” and did nothing to improve support for
victims of crime. It is arguable that it is beneficial for the principles to be enacted in a
single piece of legislation. However, this ignores the fact that victims may not be aware
of the Charter and therefore unlikely to reap the intended benefits from it. The police,
the Office of Public Prosecutions (‘OPP’) and agencies within the criminal justice
system must therefore be rigorous in ensuring victims are aware of their rights and
how the system operates at every stage of the proceeding (Flatman and Bagaric 2001,
p. 252). This enables victims to “make informed decisions” and “manage their
expectations” (Clark, 2010, p. 31-32). As the Charter failed to introduce any new
reforms it is questionable whether it was merely an act of parliament to signify their
acknowledgement and recognition of victims in the criminal justice system (Stubbs
2003, p. 26).

B No Repercussions

There are no penalties for those who breach the Charter. Section 22(1)(a) of the
Charter provides that the rights and entitlements contained within the Charter are not
enforceable. It has been suggested that actors and agencies within the criminal justice
system would be more inclined to enforce the rights and entitlements contained in the
Charter if they were enforceable in the justice system (Hall 2009, p. 210). However,
this raises a number of issues. Crimes are viewed as crimes against the state, as
opposed to the victim. The prosecutor has a duty of fairness and their role is to act in
the interests of the public, which may not be aligned with those of the victim’s. It is
their duty of fairness which may prevent them from acting in the victim’s individual
private interest in the proceedings (Flatman and Bagaric 2001, p 229).

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Victims often lack a clear understanding of the criminal justice system. As highlighted
by Clark (2010, p 34), victims are unaware that their personal interests are not a
priority to the system and it is agents within the system who determine how the case
is to proceed, not the victim. This lack of understanding cased victims to feel “shocked
and concerned” (Clark 2010, p 34) when they were informed of the criminal justice
systems procedures. As provided by Flatman and Bagaric (2001, p 251): “Trials are
not run for therapeutic reasons and to proceed in such circumstances would constitute
a blatant waste of public resources”.

1 Complaints

The Charter does not create a legal right or enables victims to pursue a civil action if
they allege their rights and entitlements have been infringed. Instead, sections 18-19
of the Charter require appropriate processes to be established for complaints and
victims should be informed of those processes. While the Charter does not enact or
specify which body is to deal with complaints, the Victims’ Charter Enquiries and
Complaints Line has been established by the Victims Support Agency within the
Department of Justice and Regulation. The Complaints Officer attempts to resolve the
complaint by mediating between the victim and the agency or person complained
about and if unable to resolve the matter can refer the victim to a more formal
complaint method (Victoria 2017, p. 37). The Victoria Law Reform Commissioner
(2016, p. 61) revealed that there are fewer than 30 complaints a year and highlighted
that the number of reports does not reflect that the Charter is complied with. Rather,
not all victims’ complaints are directed to the Complaints line and agencies within the
system encourage victims to make complaints through their individual agency
complaint process. The Victorian Government may be reluctant to create a legal right
for victims to enforce their rights and entitlements granted under the Charter but it is
nevertheless they ensure that victims are aware of the avenues available to them to
lodge a complaint.

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 IV REFERENCES

Clark, H 2010, ‘What is the Justice System Willing to Offer?’: Understanding Sexual
Assault Victim/Survivors’ Criminal Justice Needs’, Family Matters, no. 85, pp. 28-37.

Doak, J 2008, Victims’ Rights, Human Rights and Criminal Justice: Reconceiving the
Role of Third Parties, Hart Publishing, Oxford and Portland.

Flatman, G & Bagaric, M 2001, ‘Victim and the Prosecurot: The Relevance of Victims
in Prosecution Decision Making’, Deakin Law Review, vol. 6, no. 2, pp. 238-255.

Asher, F 2012, ‘Bargaining with Justice: Victims, Plea Bargaining and the Victims’
Charter Act 2006 (VIC)’, Monash University Law Review, vol. 37, no. 3, pp. 73-96.

Flynn, Asher. Bargaining with justice: Victims, plea bargaining and the victims'
charter act 2006 (vic) [online]. Monash University Law Review, Vol. 37, No. 3, 2012:
73-96

McIntosh, Andrew 2006, ‘Victims of Crime Shafted By Labor’, Put Labour Last,
weblog post, 9 August, retrieved 24 April 2018,
<http://putlaborlast.blogspot.com.au/2006/08/labors-great-pokie-scam-98.html>.

Parliament of Victoria 2006, Parliamentary Debates: Legislative Assembly, 14 June

2006, pp. 2013-2132.

United Nations Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, 1985, (resolution 40/34), 29 November 1985.

Victoria Law Reform Commissioner 2015, The role of Victims of Crime in the
Criminal Trial Process, Consultation Paper, Victorian Law Reform Commission,
Melbourne.

Victorian Government 2017, A Victim’s Guide to Support Services and the Criminal
Justice System, Prominent Group, Shepparton.

Department of Justice, A Victim’s Guide to Support Services and the Criminal Justice
System (Victorian Government, May 2014) 37.
 Authorised and published by the Victorian Government
 November 2017

A Legislation

Victims’ Charter Act 2006 (Vic)