Legislative Innovation and Review – Queensland Victims of Crime Assistance Act 2009 – Challenges, Achievements and Recommendations Victim Assist Queensland

Presentation Overview Victim support and services pre-2009 Introduction of legislation and Victim Assist Need for review Key findings Recommendations Future implications

Innovation – Stage 1 Pre 2009 Criminal Injury Compensation Scheme (Criminal Offence Victims Act 2009) Fundamental Principles of Justice for Victims of Crime Victims services 2008 Review Findings Overly long, complex and narrow focus of scheme Ensure adherence to Justice Principles (complaints resolution mechanism) Need for better coordination victim services in Queensland

2008 Recommendations Simplified financial assistance scheme –Government Assessors Central point for victims to access financial assistance and services Victim Services Coordinator to coordinate government and non-government services Complaints resolution mechanism

Victims of Crime Assistance Act 2009 Established Victim Assist Queensland –Central point of contact for victims of crime –Victim services coordination –Complaints resolution –Financial assistance scheme –Offender debt recovery

Financial Assistance Focus on timely recovery from an act of violence (interim, general and amended assistance) Administrative scheme People injured by violent crime can apply (including witnesses, related/parent secondary victims) No need for a conviction

Service Coordination Victims LinkUp Victims of Crime Funding Program VISION (Stakeholder Group) Victim Services Coordinator Queensland Police Service MOU

9 Justice Principles Based on UN Declaration Advance the interests of victims Bind all government agencies/officers Victim Services Coordinator can receive complaints Referral to agency for resolution

 5 Qld Regional Officers  $ 15.7M funding for 16 NGOs  16 unique projects funded  119,861 LinkUp Contacts  $76.5M for 9,624 Applications for assistance  3,600 agency training sessions  5,700 Victim referrals  109 Complaints facilitated

Review Statutory requirement after 5 years Reference group established of government and non-government stakeholders Opportunity to look at other jurisdictions 21 written submissions Workshops and focus groups

Key Findings Achievements –Scheme has improved access to assistance –Timelier than previous scheme –Assists more victims than previous scheme –Victim Service Coordinator role seen as effective Challenges/Issues –Application process too complex –Inconsistent implementation of Justice Principles –Offender debt recovery ineffective and punitive –Alignment of Act with different victim types

Key Recommendations Funeral assistance lifted from $ $8000 Application process to be simplified –Remove requirement for a medical certificate & statutory declaration Removing “pools of assistance” for secondary and related victim types

Key Recommendations Fixed amounts of special assistance (recognition payment) for primary victims Definition of act of violence to include the definition of domestic violence under the Domestic and Family Violence Act 2012

Key Recommendations Definition of domestic violence Inclusion of some behaviours in relevant relationships not covered eg: –Economically abusive or other coercive behaviours such as damaging property

Key Recommendations Rename Justice Principles to a Charter of Victims’ Rights –Place an onus on relevant agencies to proactively provide information to victims –Charter of victims’ rights to apply to non- government agencies that are funded to provide a service to assist victims recover from a crime

Key Recommendations Authorise the Victim Services Coordinator to help victims resolve complaints where they are dissatisfied with the response from the agency

Key Recommendations Limit recovery from convicted offenders to 6 years after an application has been finalised or 6 years from when the person was convicted

Future – Implementation Plan Work has begun on amending the Act Review of the application form and process has commenced Promoting Charter of Rights including the non-Government sector Working with other government and non- government agencies to improve justice supports and responses for domestic and family violence victims

Implications and Challenges Greater emphasis on gathering information after an application is lodged: –Identify sources for medical information and create greater flexibility in determining injury Improve access while meeting community expectations of a robust scheme Integration/coordination in a complex service sector with an increasingly diverse client base

Review Report